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Home My WebLink About10/17/2000 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 17, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 21 Pledge of Allegiance 31 Approval of Agenda 41 Mayor's Report 51 Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *. *71 Approval of Minutes: August 8, August 15, and August 17, 2000 *81 Approval of Bills in the Amount of $633,394.83 plus $154,319.11 for refunds, returns and pass through for a total of $787,713.94 91 Public Hearings 101 Communications 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting - none 13] Re- convene 14] Recommendations from Boards and Commissions A] Planned Unit Development Amendment for Shakopee Valley Marketplace — Res. 5418 15] General Business A] Police and Fire 1. 2000 -2001 D.A.R.E. Educational Services Agreement —tabled 10/3 TENTATIVE AGENDA October 17, 2000 Page 2 15] General Business continued B] Parks and Recreation 1. MnDOT Parcel 75 located in Southbridge Addition C] Community Development 1. Final Plat of Pheasant Run 6 Addition — Res. No. 5422 2. Waiver of Minor Subdivision Criteria — Leslie Dengerud 3. Township Annexation Plan 4. Appeal by Cletus Link of Denial by Board of Adjustments and Appeals of Variance Request D] Public Works and Engineering * 1. Set Public Hearing for Proposed Assessments for CSAH 17 from TH 169 to St_ Francis Avenue, Project 1998 -7 Res. No. 5428 *2. Set Public Hearing for Proposed Assessments for Vierling Drive from Marschall Road to Miller Street, Project 1998 -5 — Res. No. 5429 *3. Waiver of Hourly Restrictions on Construction Activities — State Mechanical, Inc. for ADC Telecommunications Site *4. Accepting Work on Vierling Drive from Fuller St. to the West, 1998 -3 — Res. 5430 *5. Accepting Work on Sarazin Street from St. Francis Avenue to 800 Feet South, 1999 -3 —Res. No. 5431 6. 10"' Avenue and Marschall Road Traffic Analysis 7. Award Bid for Trunk Watermain Extension from Southbridge Parkway to Stagecoach Road, Project 2000 -5 — Res. No. 5432 — memo on table E] Personnel * 1. Accept Resignation of Officer Ron Carlson F] General Administration: * 1. Off Sale Intoxicating Liquor License — Twin Cities Stores, Inc. *2. Off Sale 3.2 Beer License and Tobacco License — Holiday Stationstores, Inc. *3. Ratifying Authorization of the Sale of Bonds for St. Gertrude's Health Center — Res. No. 5427 . *4. Changing City Council Meeting Date for November 7, 2000 — Res. No. 5425 5. Appraisal /Offer — Gorman Street Property 6. Collection of Delinquent Refuse Charges — Ord. No. 583 7. Library Timeframe 8. Murphy's Landing — Archeological Study 16] Council Concerns 17] Other Business 18] Recess for executive session to discuss labor negotiations — Public Works Department 191 Re- convene 201 Adjourn to Thursday, November 2, 2000, at 5:00 p.m. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Pact /Credit River Special Assessment Appeal DATE: October 17, 2000 The City was not successful in the appeal of the judgment in the assessment appeal in the Pact /Credit River case. The city will be refunding the total amount paid to date ($119,036.56) plus interest -. ($5,431.23) plus court costs ($4,260.16), following the court order. A resolution canceling the assessment and reassessing the court allowed amount ($85,735) will be on a following agenda. OMCLAL PROCEEDINGS OF :1 COUNCIL ADL REGULAR SESSION 1 11 1 AUGUST 1 I f This was a joint meeting with the City Council, Planning Commission and Park and Recreation Advisory Board. An item was added to the agenda. This item was replacing or repair of the pump for the water slide. The agenda was approved as amended. Mr. Themig stated that the estimated cost to fix the pump for the pool heater would be approximately $5,800- $7,400. This really would only be preventative maintenance. However, with this fix the pool will be up again this year. If they looked at the design of the pump and replaced the pump then that could take some time and cost about $12,000. Sweeney /Amundson moved to have the pump for the pool heater rebuilt. Motion carried unanimously. A new pump for the pool heater will be planned for in the future budget. Mayor Brekke introduced the joint meeting of the City Council, Planning Commission, and Park and Recreation Board. This is the annual meeting to discuss the 5 -year Capital Improvement Program. He stated this was the first time the City Council saw the 5 -year Capital Improvement Program (CIP) that was put together by staff. A work session between the City Council, Planning Commission, and Park and Recreation Advisory Board regarding the 5 -year CIP for the City of Shakopee began at 4:45 p.m. Gregg Voxland, Finance Director, presented the CIP document. He stated how the information in the CIP Document was laid out and what funds were available. He gave an overview of where some of the funds are financially. The building fund was discussed along with the depreciation of the buildings. Official Proceedings August 8, 2 of the Shakopee City Council 2 Some Council members thought perhaps there should be some formalizing of the building d. According to Gregg Voxland, there are three things that need to be addressed by the Council in going through the City Facility projects= 1) what buildings can be funded on a referendum, 2) what is the priority of the City buildings, 3) can any of the buildings be funded otherwise. Because there were members in the audience for the rezoning issue of the property located south of 4' Avenue and west of Adams Street, Mark McNeill, City Administrator, request that this Mayor Brekke asked if there was a motion to approve the rezoning in Ordinance No. 569. orke/Sweeney offered Ordinance No. 569, Fourth Series, An Ordinance Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Generally Located North of 5' Avenue and West of Adams Street from Old Shakopee Residential (R1C) to Medimn Density Residential (R2), and moved its adoption. Official Proceedings August 8, 2 of the Shakopee City Council 3 Mayor Brekke stated that this motion needed a super (2/3) majority to pass. .4. ,. The work session to discuss the CIP reconvened at 5:15 p.m. Gregg Voxland discussed the sanitary sewer and storm drainage funds. These funds appeared to be in good shape. He discussed the debt service levy and will bring it back to the next meeting to be explained more. Mark McQuillan provided the Council with a memo on the Park & Recreation Advisory Board's recommendation for funding guidelines for the use of Park reserve funds. This will be discussed at a later time. Some of the projects in the CIP were discussed. One of the projects was a device for emergency vehicles. This device is added to traffic lights for use by emergency vehicles and it is in the budget to do two intersections per year. It was asked that this be accelerated if possible. The Fire Chief and Police Chief spoke to this issue. Identification monuments, land acquisition for fire station, City facilities expansions were other projects in the CIP. There was some discussion on the fire training facility. Mr. Athmann explained that he approached the county on a community fire training facility for joint use with neighboring communities; they were going to investigate the possibility. Mark McQuillan, Director of Natural Resources, stated that condemnation proceedings had begun to acquire park land near Sun Path Elementary. There was discussion on this land acquisition. Cncl. Sweeney, at Dave Thompson's request, brought Huber Park to the City Councils attention. Mr. Thompson is questioning the use of Huber Park for Derby Days and the roadway to the Park. Mark McQuillan said there is a master plan for this park. There needs to be more discussion on this item. There were comments on Murphy's Boat Landing and the trail completion by the DNR. It was also felt that the county should take responsibility for building regional trail systems to connect parks to parks with several communities. There was slight discussion on the landscaping, walkways and park benches for the well house property on le and Spencer. Official Proceedings August 8, 2 of the Shakopee City Council 4 Mr. McNeill thought there was a master plan for parks in the Southbridge area and this will be brought back at a future meeting. Perhaps a master plan for all City parks is needed. The City does need to balance park land acquisition along with developing the parks. Mayor Brekke felt the Park Advisory Board needed to talk about this issue of the parks and their development more. The CIP needs funding for a Master Plan for developing these large park areas. Additional projects for 2001 were identified. There was discussion on MUSA within the City and its extension. Mayor Brekke asked if the Engineering Department could handle all the projects that need to get done. Mr. Loney said the projects would get done; some consultants would be needed. 1 .... -- -- 14. , 1, August 8, 2 5 McNeM said this CIP would be redlined and sent out to Council members, Park Advisory Board members and Planning Commission members. If not all the comments were given at this time to let him know. If items are brought up at the various Board meetings, they need to decide if you want to bring those comments back to the City Council. Mayor Brekke adjourned the meeting to Tuesday August 15, 2000 at 7:00 p.m. The meeting was adjourned at 6:45 p.m. 1 1 ..... City Clerk Carole Hedlund I' - . 1 1• ADL REGULAR SESSION SHAKOPEE, NXiNESOTA AUGUST 15,2004. The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson, Sweeney and Mayor Brekke present. Also present: Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Mark McNeill, City Administrator; Gregg Voxland, Finance Director (at 8:57 p.m.); Tracy Coenen, Management Assistant; Dan Hughes, Police Chief (at 9:00 p.m.); and Paul Snook, Economic Development coordinator. The pledge of allegiance was recited. The following item was added to the agenda. 12.D.6 Consider Constructing Ponding in the Valley Park 6 Addition. Morke/Link moved to approve the agenda as modified. Motion carried unanimously. The Mayor's report this evening consisted of a report on his informal discussion with representatives from Louisville Township regarding the annexation of Jackson Township at some time in the future. The Mayor felt he had an idea that would make the annexation issue of Jackson Township easier for the City, Jackson Township and the residents in the long run. His idea was to have a date certain annexation agreement. This way everyone affected would have plenty of notice. It is inevitable that annexation will occur, he was just trying to make it a more orderly process and planned for well in advance. This is just a concept to see if there is any support for this idea. Cncl. Sweeney recommended that the discussion on the annexation issue be put on a future agenda. Mayor Brekke concurred with Cncl. Sweeney's recommendation. The following item was removed from the Consent Agenda. 12_B.1 Hiawatha Park Project Change Order # 1. The following item was added to the Consent Agenda. 12.E.1 The Appointment of Mark J. Noble to the position of Planner I. Link/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_ Mr. Dave Czaja approached the podium and asked the City Council if citizen's input would be allowed on the AUAR for proposed Valley Green Corporate Center. Mayor Brekke said he was planning on allowing citizen input unless he was overruled by the City Council. Official Proceedings of the August 15, 2000 Shakopee City Council Page 2 Link/Sweeney moved to approve the bills in the amount of $1,473,477.07. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the issuance of $6,080,000 in revenue bonds for St. Gertrude's Health Center. Mark McNeill, City Administrator, approached the podium and reported on the above bonds for St. Gertrude's Health Center. On July 18, the, City Council asked there be a public hearing on August 15, 2000 regarding the refinancing of St. Gertrude's Health Center bonds. Now that St. Gertrude's Health Center is operated by the Benedictine Health Systems a non -profit agency, these bonds if refinanced can receive a significantly lower interest rate. These would be tax - exempt Health Care Facility Revenue Bonds. St. Gertrude's has requested that the City of Shakopee act as a conduit in refinancing these bonds; the IRS does allow this conduit. It is being requested that the City issue a 30 -year bond not to exceed $6,080,000. $4.4 million would be used to call the current for profit bonds and pay off the short-term construction loan and set up a reserve account and address the cost of issuance. The City has no costs or liability. St. Gertrude's has agreed to reimburse the City for all costs; this will not show as debt to the City regarding bond issuance_ Mayor Brekke asked for public input on the refinancing St. Gertrude's Health Care bonds. There was no response. Mayor Brekke declared the public hearing to be closed. Sweeney /Amundson offered Resolution No. 5396, a Resolution Of The City Council Of The City Of Shakopee, Minnesota Authorizing The Issuance, Sale, And Deliver Of Its Health Care Facilities Refunding Revenue Bonds (St Gertrude's Health Care Center, Inc. Project) Series 2000, Payable Solely From Revenues Pledged Pursuant To The Indenture, Approving The Form Of And Authorizing The Execution And Delivery Of The Bonds And The Related Documents; And Providing For The Security, Rights, and Remedies With Respect To The Bonds, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the annexation of Weidt Farm located between 10` Avenue and CR 69. Mark McNeill approached the podium and stated that earlier this year the City Council directed staff to initiate annexation proceedings for a four -acre parcel of land owned by the Weidt family and located in Jackson Township. This four -acre parcel of land is surrounded by the City of Shakopee and is currently owned by John Weidt as the general partner and Christina Weidt as a limited partner. The owners petitioned the City that this 4 -acre parcel be annexed by the City of Shakopee. Notice has been given to the affected parties and the result of that notice is this public hearing. If the Council approves this annexation issue tonight, notice will be sent to the Minnesota State Planning Agency, Secretary of State, and to Jackson Township_ Upon annexation the zoning of this property will potentially be agriculture and in the future the owner or the City could petition or request that this four -acre parcel be rezoned. It is highly likely that Official Proceedings of the Shakopee City Council August 15, 2000 Page 3 this will be rezoned to multi family (R -3) or highway commercial (B 1). The normal rezoning process will have to be followed for this rezoning to occur. Cncl. Morke inquired what the zoning in Comprehensive Plan was in this area. Tim Thomson, City Attorney, stated that according to the State Planning Board once this parcel is annexed into the City, then it is subject to the zoning and Comprehensive Plan. Christine Weidt, limited partner of the four acres of Weidt property asking for annexation, and Jackson Township Board members were in attendance for comments if requested. Norbert Theis approached the podium and said the Jackson Town Board had no problem with this annexation. Mayor Brekke asked if there were comments from the audience. There was no response. Mayor Brekke declared the public hearing to be closed. Amundson/Sweeney offered Ordinance No. 576, Fourth Series, an Ordinance Relating to the Annexation of Certain Property, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to direct staff to take appropriate action to apply to modify the Comprehensive Plan to include the Weidt property in an appropriate zoning classification to come before the Planning Commission, and City Council and then to be submitted for approval to the Metropolitan Council. Motion carried unanimously. Cncl. Amundson reported on the school board meeting she attended. It was a consensus that the school board members and the City Council should have a joint meeting to discuss issues of growth that are affecting each of them. Mark McQuillan, Director of Natural Resources, approached the podium and discussed the Hiawatha Park Project change order # 1. He explained that the fact that there were no footings was simply an oversight on the architect's part. When the digging was started this was noticed and it was brought to the architect's attention. The architect is recommending that the existing slab be removed and replaced with a new slab with frost footings. A more substantial structure than what had been there previously is being erected now. Morke/Link moved to approve the $3,200 for Change Order # 1 of the Hiawatha Park Shelter Project with the funding to be allocated from the Park Reserve Fund. Motion carried unanimously. Cncl. Link stated that he is abstaining from the issue regarding policy guidelines for Park funding. Mark McQuillan approached the podium and reported on the recommendation from the Park and Recreation Advisory Board for Policy Guidelines for Park Funding. The use of park dedication Official Proceedings of the August 15, 2000 Shakopee City Council Page 4 funds for the use of park improvement projects has been scrutinized often. Therefore, the Park and Recreation Advisory Board have developed some policy guidelines to help staff address the park improvement funding. The Park and Recreation Advisory Board has developed two statements to help deal with the park dedication fund. The first policy statement deals with the use of park dedication fund and the second statement deals with projects of existing facilities and parks that are not using park dedication funds for the facility. The statements still allow some flexibility in decision - making. Mayor Brekke clarified the difference between the two statements. One statement was regarding park dedication funds being used for new parks only and this park dedication language was absent from the second statement_ Mayor Brekke felt park dedication fees could be used for expanding a current park, also. Cncl. Sweeney felt park dedication was covered by state statute. Kathy Gerlach approached the podium and said part of the work of the Park and Recreation Advisory Board was to inventory what was in current parks and what is proposed to be in the current parks in the future. The PARB would like to go by the policy. Amundson/Brekke moved to adopt the policy statements for the use of park dedication funds 1 and 2 as recommended by the Park and Recreation Advisory Board. Mayor Brekke agreed with the intent of the policy statements but felt it should include expansion of parks; flexibility is needed. Cncl. Amundson said she supported the two policy statements from the PRAB. Policy always guides us and there is the ability to amend this policy as we go along. Motion failed 3 —1. Cncl. Amundson voted in the affirmative, with Cncls_ Brekke, Morke and Sweeney dissenting. Cncl. Link abstained_ R. Michael Leek, Community Development Director, approached the podium and reported on the GUAR for proposed Valley Green Corporate Center. First he would give a brief overview with comments and second he would give a brief overview of the document. In the report this evening were the comments that were received prior to the comment deadline for the revised final AUAR. No comment was received to the revised final AUAR from the reviewing agencies, but comment had been received by the City from the public even after the deadline. According to Mr. Leek, the alternative actions that are before the Council this evening are the approval of the final revised AUAR as it was presented to Council at the meeting where it was authorized by the Council to distribute the AUAR for the 10 day review period or approval of the final revised AUAR with specific revisions that may be directed to the document this evening with staff's analysis of the comments received as to whether or not these revisions recommended by the public are appropriate. Official Proceedings of the August 15, 2000 Shakopee City Council Page 5 The chair recognized Mr. Ron Retzel of Bolton and Menk, who did the AUAR for the proposed Valley Green Corporate Center. Mr. Retzel went through the document so the Council was familiar with the format of the document. He stated that a group of citizens petitioned for the AUAR back in December of 1999 and at that time an AUAR was ordered. There was a draft of the AUAR by March and official comments and citizen comments were allowed until May P, 2000. At that time, these comments were reviewed and this AUAR was completed. On July 5th, 2000 the Council authorized the AUAR to go out for final comments. Tonight you are reviewing the final AUAR along with the final comments received in the last ten days. The document itself is in two volumes. The first volume is an introduction and summary to the comments received to date. The second section of the first document is the text itself along with the third section containing the comments received and the responses developed to the comments, and section four is the mitigation plan. The second volume is all of the appendices that were referred to in the core document. In the summary of section one some of the core issues that were discussed in the AUAR, as it developed from the draft state to the final GUAR, were the graphics/boundaries, phasing, jurisdiction, transportation, and storm water management. The scope of this AUAR is from the grading permit to the individual building parcels, looking at the environmental issues that will occur with the final building parcels as well as the environmental issues that have already occurred with the grading permit. The mitigation plan is specific and general and it is geared to specific goals and recommended strategy. The goals this mitigation plan is trying to meet are 1) to fulfill the goals and expectations within the City itself, 2) to perpetuate the wetland habitat and the wildlife area around Dean's Lake, 3) promote passive recreational use of Dean's Lake and access to the Lake, 4) preserve the water quality of Dean's Lake both in the surface water and ground water 5) stabilize the water levels of Dean's Lake 6) limit the visual impacts from development to Dean's lake, 7) limit the traffic generated by the site and project area, 8) limit noise impacts and 9) check air quality impacts. Mayor Brekke asked to see a map of the proposed parkland dedication in the Dean Lake area. He requested there be a staff discussion of this parkland dedication. According to Mr_ Retzel, some comments had been received to the quality of this land. This is a wetland area. The Mayor did not want the Council held responsible to accept this areas for park dedication when the preliminary plat came in, if this parkland was deemed unacceptable, because of the AUAR_ The City Attorney said this delineation of a conceptual parkland in the AUAR is not binding. Cncl. Morke asked to what degree would the Council be held accountable to this document_ There are items in the document that are not correct. Mr. Thomsen explained that the AUAR is an environmental informational document. Development plans that come to the Council need to be considered in light of the AUAR. This is a tool to be used. It is not a statutory document. Sweeney /Amundson offered Resolution No. 5397, A Resolution of the City of Shakopee, Minnesota Adopting the Revised/Final Alternative Urban Areawide Review For Proposed Valley Green Corporate Center, and moved its adoption. Official Proceedings of the August 15, 2000 Shakopee City Council Page 6 Jon Albinson, Valley Green Business Park, approached the podium and said he had no comment but thought it best that the public speak to their issues. The developer agreed to three extensions on this AUAR so all issues could be addressed. This area will be developed in an environmentally sensitive way. Mr. Albinson did have a few comments on the parkland that was proposed to be dedicated. Dick Peterson, of Best and Flannigan a Minneapolis law firm working with Mr. Albinson, approached the podium to address two issues, the boundaries of the park dedication and the process. This process of the AUAR needed to end. The boundaries of the park dedication have to deal with lakefront and the high watermark. The developer does not intend to make an issue out of this question. Dave Czaja, 5262 Eagle Creek Boulevard, approached the podium with a letter he had written on behalf of the Shakopee Environmental Protection Agency to be submitted to the Council after it was read. This letter opposed the AUAR. There is hope that a mutual understanding can be reached. He also addressed the land issue. One source of the opposition to the AUAR is this land issue. He did not feel many of his concerns were addressed in the AUAR. It was brought to Mr. Czaja's attention that when this AUAR was ordered, Mr. gaza said this would be the end, even if he did not agree with the end result. Mr. Leek spoke to the AUAR. Many of the issues Mr. Czaja raised were indeed discussed in the AUAR. Some areas will need to be monitored. He highlighted some responses in the document that could be modified to make it clear that these analysis' that Mr. Czaja was looking for were indeed analyzed. The high water line (HWL) was discussed. There was an aerial survey to determine the high water line (HWL), there was a GPS done to determine the HWL, and the HWL was also determined by surveyors. Kathy Gerlach, approached the podium and discussed the revisions that she felt were critical to get into the GUAR; road issues, how the Shoreland was interpreted, use of the Shoreland Ordinance and the lake level. She felt the impact to the City's infrastructure needed to be addressed. There were items that she really wanted clarified and revised. The Shoreland issue really needed to be addressed along with the issue of ground water mitigation. Dave Cjaza approached the podium to speak. He questioned the 747 high water mark that the DNR established. Mr. Michael Leek said the realignment of County Road 16 and County Road 83 would have a clear impact on the AUAR site. These roads are not addressed in the AUAR because these roads are not within the AUAR study area and the county has jurisdiction of these roads. The mitigation plan is an integral part of the final revised AUAR so what the Council approves this evening with or without modifications in the AUAR mitigation plan will be part of the approved AUAR. Official Proceedings of the August 15, 2000 Shakopee City Council Page 7 Mayor Brekke agreed this final revised AUAR needed to be acted upon. When the grading occurred on the Valley Green Corporate Center it was for removal of oak wilt trees, storm damaged trees and just for grading purposes. Sweeney/Morke moved to amend the motion to include the revisions that R. Michael Leek has proposed. Motion carried unanimously. Motion carried unanimously on the amended main motion. Mayor Brekke thanked everyone involved in the AUAR for Valley Green Business Park for going above and beyond his or her duty and for the countless time involved. Mayor Brekke introduced the appeal regarding the decision on the Conditional Use Permit for SA Auto Sales by the Board of Adjustments and Appeals. This is not a public hearing. Mr. Leek gave a staff report. Mr. Steven Anderson did request from the City, a Conditional Use Permit approval for the operation of a new auto sales facility. Initially the BOAA opened this public hearing on July 6, 2000, but tabled the item to obtain further information from the applicant, and to allow the applicant time to hold a neighborhood meeting with the residents involved to discuss several concerns of the surrounding property owners; [this neighborhood meeting was required by the BOAA]. This item was brought back before the BOAA on July 20, 2000. The BOAA approved this conditional use permit at that time with added conditions. Mr. Craig Ballard submitted a letter with reasons as to why he and the Neighborhood Coalition opposed the approval of this CUP. Mr. Ballard, 705 First Avenue East, approached the podium to speak to why he was appealing this CUP. He felt the Planning Commission overlooked some safety and livability issues for the residents. He really wanted a fence around the auto sales site for safety issues. He felt the use itself affects property values therefore Criteria No 1 was not met. He also believed that criteria No.2 was not met. He would also like more landscaping and the site should be curbed_ Mayor Brekke said the issue tonight is to decide if the correct decision was made by the BOAA. It is not the City Council's job tonight to add conditions. The Mayor asked Mr. Ballard if he had evidence that property values would be affected. Mr. Roach, an attorney representing the applicant, approached the podium to address the concerns raised at the neighborhood meeting. He stated that initially a body shop was requested. The neighbors were most concerned about this. Mr. Anderson, the applicant, removed the body shop request from the original CUP and will only do minor repairs_ No variance to the setback will be requested. The largest issue Mr. Roach came across was runoff. The applicant agreed with the owner of Canterbury Car Wash that he would be included in all discussions /decisions including the grading plans. The lighting will reflect only down on the parking lot. The landscaping plan will be followed as approved by the City. The applicant will modify the landscaping plan if the City feels it needs modification. The Planning Commission was not in favor of a fence. This CUP is not for an additional auto sales; this is a relocation of a current auto Official Proceedings of the August 15, 2000 Shakopee City Council Page 8 sales. However, we have decided to terminate the CUP in the present location when the "new" auto sales lot is open. Tim Lynch's Appraisal Service said, according to Mr. Roach, that the auto sales would have no negative impact on the property values in the area. Tim Lynch signed a letter reflecting this information. It was submitted to the City Council. Gregg Voxland entered the meeting at 8:57 p.. and Dan Hughes entered the meeting at 9:00 p.m. Sweeney/Morke moved to deny the appeal, upholding the decision made by the Board of Adjustments and Appeals and allowing Mr. Steven Anderson to operate an auto sales facility, and directed staff to prepare the appropriate resolution. Cncl. Morke said the Comprehensive Plan guides this area for industrial and that is what is being proposed here. This is a permitted use. Cncl. Link was concerned with all of the car lots on First Avenue. Motion carried 4 — 1 with Cncl. Link dissenting. Mayor Brekke asked if there was a motion to direct staff to initiate B -1 zoning changes that would not allow used car sales in the B -1 district or to see what should be allowed in the B -1 zone. Mr. Leek said he would take this as direction and prepare a report of allowable uses for the B -1 zone. This will be placed on the agenda for a future meeting_ Link/Sweeney offered Ordinance No. 575, An Ordinance Of The City of Shakopee, Minnesota, Approving The Renaming Of That Portion Of The Street Known As Park Place As It Runs East And West From Valley Park Drive, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No, 5400, A Resolution Setting The Public Hearing Date To Consider The Vacation Of A Portion of Right -Of -Way For Research Boulevard In The Valley Park I' Addition, and moved its adoption. (Motion carried under the Consent Agenda) There was a recess at a 9:13 p.m. The meeting reconvened at 9:23 p.m. Morke/Link offered Resolution No. 5398, A Resolution Accepting Bids On County State Aid Highway 17 Landscaping Project No. 2000 -9, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 15, 2000 Shakopee City Council Page 9 Amundson/Sweeney moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the Highway 17 Landscaping Project, No. 2000 -9. Motion carried unanimously. Sweeney /Amundson moved to authorize the appropriate City Officials to execute an extension agreement with WSB & Associates, Inc. for construction engineering services on the Highway 17 Landscaping Project, No. 2000 -9. Motion carried unanimously. Mr. Loney approached the podium and said quotes had been received for the fence portion of the CSAH 17 landscaping Project No. 2000 -9. He recommended awarding the fencing quote to Fence Co, Inc. They came in with a bid of $17,412.50. The previous bid was in the $25,000 range. Sweeney /Amundson moved to award the Fencing quote to Fence Co., Inc for the CSAH 17 Landscaping Project No. 2000 -9 with a quote of $17,412.50. Motion carried unanimously. Mr. Loney gave a staff report on the application for a grading permit for Valley Park 12` addition. A grading permit application for Lot 3, Block 2, Valley Park 12"' addition has been received from Valley Green Business Park. At this time, the site is lower than the street and the applicant wishes to grade this parcel so he is able to sell it. There are many trees on this parcel of land and they would all need to be destroyed if this grading permit is permitted. Because the grading of trees has become an issue, this is brought before the Council this evening for review and for any conditions that they may want to attach to the grading permit. As of this date, we do not have a tree preservation ordinance. An ordinance of this type is being worked on and will be available soon. Usually, what happens is the building permit is applied for and then grading begins, in this case the owner of the parcel wants to grade first and then he would be able to sell this site as buildable lots. Valley Park 12 Addition has received preliminary and final plat approval. The issue for the Council is whether or not to restrict the grading on this site because of the trees. Mayor Brekke asked Mark McQuillan when the tree preservation ordinance is expected to come back to the Council. Mr. McQuillan felt the ordinance might be before the City Council in September. Mayor Brekke also asked Mr. Jim Thomson, City Attorney, if the Council had the option to defer this issue until after the tree preservation ordinance is considered_ Mr. Thomson thought that the Council would be able to defer the decision on this grading permit until a later date when perhaps the tree ordinance had been adopted. Mr. McQuillan asked Kunde Company to do a tree inventory on this property to determine a dollar figure on the trees. Kunde Company did this inventory and came up with a figure that it would cost anywhere between $35,000 to $40,000 to replace the trees as is, that would be removed. Jon Albinson, Valley Green Business Park, approached the podium to give some background as to what was happening on this parcel. He stated he was unable to sell this parcel as is, therefore, he is requesting that Valley Green Business Park be issued a grading permit so he can bring this Official Proceedings of the August 15, 2000 Shakopee City Council Page 10 parcel up to street elevation, making it marketable. Valley Green Business Park needs to add five feet of soil to this parcel and will be unable to save any of the trees. According to the City Ordinance, the site needs to be at an elevation of at least 741. Mayor Brekke asked Mr. Albinson why he wasn't waiting for the tree ordinance before he did the grading. The purpose of the ordinance was to save trees for the City. Mr. Albinson had two comments. There is a time sensitivity issue dealing with brining in the soil and the second issue is the cost of the tree replacement. The engineers say there is no way to save the trees if the grading is done now or when the site plans come in because the parcel needs to be raised so high to meet the elevation required by code. There was some discussion on the tree preservation ordinance. Mr. Thomsen said according to the proposed tree ordinance a developer has the option of replacing a tree if he can, if he can't then he pays a fee in lieu of replacing the tree. This fund is used for reforestation in other areas. Mr. Loney said in most commercial and industrial areas significant areas of land are needed to be graded, and it is very difficult to save most, if any, of the trees. Mayor Brekke felt the tree ordinance needed to be in place before this grading permit was acted upon. Mr_ Peterson, Attorney for Valley Green Business Center, approached the podium. Mr. Peterson said the grading Valley Green is proposing is permitted because, there is no ordinance at this time. This property will have considerable cost to bring it to the City's standards, if we are not allowed to go ahead at this time_ Morke /Amundson moved to continue discussion on the application for a grading permit for Valley Green Business Park to the September 19, 2000 City Council meeting. Mr. Thomson recommended to staff that they have the time limit extended on the Valley Green grading permit application. Motion carried unanimously. Link/Sweeney moved to install "No Parking" signs on one side of Park Place, from 12 Avenue to Valley Park Drive in order for semi- trailers to use the street in a safe way. (Motion carried under the Consent Agenda.) Sweeney/Link moved to adopt Resolution No 5395, a Resolution Amending Resolution No. 5293, Amending Fees For Administration And Regulation Of The Public Right -Of -Way For The City of Shakopee, and moved its adoption. Motion carried unanimously. Official Proceedings of the August 15, 2000 Shakopee City Council Page 11 Sweeney/Morke moved to determine that the summary Ordinance No. 570, clearly informs the public of the intent and effect of the ordinance, and approves and directs that only the title of Ordinance No. 570 and a summary of it be published. Motion carried unanimously. Link/Sweeney moved to authorize the purchase of a 10' V -plow and tailgate sander from Crysteel Truck Equipment for $8,125.00 and accept the low quote for the box and hoist from Midland Equipment Co., and authorize the purchase for $14,105.00. (Motion carried under the Consent Agenda.) Link/Sweeney moved to approve the appointment of Mark Noble to the position of Planner I effective from two to four weeks of August 15, 2000, at Step 1 of Pay Grade G with an increase to Step 2 to be granted upon successful completion of the 6 -month probationary period and to Step 3 one -year after his employment start date. This appointment is contingent upon the successful completion of a pre - employment physical. (Motion carried under the Consent Agenda.) Link/Sweeney moved to acknowledge the satisfactory completion of probation and authorize the retention of Cody Horner as a Police Officer effective August 30, 2000. (Motion carried under the Consent Agenda.) Link/Sweeney moved to direct that the modifications to the Chief of Police's Terms of Employment be incorporated into that document dated February 3, 1998 as outlined in the August 10, 2000 memo for the City Administrator (CC DOC 9295). (Motion carried under the Consent Agenda.) Sweeney/Morke removed the conveyance of land adjacent to Pablo's Mexican Restaurant, 230 South Lewis Street, from the table. Motion carried unanimously. Mark McNeill, City Administrator, reported on the Council's authorization to convey land adjacent to Pablo's Mexican Restaurant. This is a request from Paul Schwaesdall, owner of Pablo's Mexican Restaurant, for the City to convey land for the purpose of accommodating outdoor dining at Pablo's Mexican Restaurant. This was tabled at the July 18` 2000 meeting so a price per square foot could be negotiated by Mr. Schwaedall and Mr. McNeill for the property adjacent to Pablo's Mexican Restaurant. The land discussed in 1993 along with some land to the west end of the building is being discussed for sale for Pablo's Mexican Restaurant outdoor dining. The conditional use permit for a Class II Restaurant will be considered by the Planning Commission on August 17, 2000 at their meeting. Mr. McNeill and Mr. Schwaesdall came up with a figure of $2.50 per square foot for a negotiated price for the land. Mr. McNeill recommended that the sale of this land to Mr_ Schwaesdall be conditioned upon the approval of the CUP. If the Council only wanted this to be used for outdoor dining as apposed to being enclosed later as a building addition, then they could put that condition on the deed or it could be conditioned in the CUP. Official Proceedings of the August 15, 2000 Shakopee City Council Page 12 Morke/Link moved to authorize the appropriate parties to execute a quit claim deed, being conditioned on approval of the CUP and this portion of land only to be used for outdoor dining, with Pablo's Mexican Restaurant, Inc., at 230 South Lewis, at a price of $2.50 per square foot. Cncl. Sweeney was opposed to the motion because he did not think the outdoor dining created by selling a portion of the parking lot was a good use of City land. Motion carried 4 — 1 with Cncl. Sweeney dissenting. Regarding Mr. Schwaesdall's request to amend his liquor license, Ms. Judith Cox stated that the police recommended fencing in the area where outdoor drinking would be allowed and accessibility to the outdoor dining and outdoor drinking areas would be from the interior only. If drinking is not allowed in the outdoor dining area then that area need not be fenced. If there is drinking and dining after daylight then additional lighting is also recommended by the police department. Link/Amundson moved to amend the on -sale intoxicating liquor license of Pablo's Mexican Restaurant, Inc. to allow outdoor drinking with the conditions that: 1) access be from the interior of the restaurant with screening and lighting as required by the Chief of Police, and 2) receipt of a conditional use permit for a Class H Restaurant. Motion carried 4 —1 with Cncl_ Sweeney dissenting. Link/Sweeney moved to approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Apple American Limited Partnership of Minnesota, DBA Applebee's Neighborhood Grill & Bar, and 1568 Vierling Drive East, conditioned upon a Certificate of Occupancy issued by the Building Department. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5402, A Resolution Authorizing Issuance and Sale of $2,560,000 General Obligation Improvement Bonds, Series 2000 A, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to approve the application and grant a tobacco license to A Fresh Approach, Inc., DBA Berens Market, and 123 West 2nd Avenue, effective August 16, 2000 through December 31, 2000, upon the surrender of the current license issued to Berens Market. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5396, A Resolution Appointing Judges of the Election and Establishing Compensation, and move its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to set an agenda item to consider the implementation of a franchise fee for Shakopee for Tuesday, September 5, 2000, at 7:00 p.m. (Motion carried under the Consent Agenda.) Official Proceedings of the August 15, 2000 Shakopee City Council Page 13 Mark McNeill approached the podium and reported on the acquisition of Lot 4, Block 3, Dominion Hills Second as a site for the water tower and wells for SPUC. The directors of SPUC were directed at the SPUC meeting on August 14, 2000 to begin condemnation proceeding for the acquisition of Lot 4, Block 3, Dominion Hills Second addition. The purpose of this eminent domain acquisition is so SPUC can construct an elevated water storage tank at this location. The City Attorney is recommending that the City get involved in this acquisition to see that this condemnation is done in a reasonable amount of time. City staff has been contacted by the developer, Aarbour Homes Inc., that they are contesting this site as a location. According to the City Attorney, SPUC now has the authority to acquire land for electrical purposes in their own name and probably for water purposes. However, SPUC did request that the City get involved in the land acquisition. The SPUC Commissioners wanted the Council to concur in the Eminent Domain proceedings, and they wanted the Council to authorize SPUC to acquire this land using the City's Eminent Domain authority. Mr. Morke did not feel Dominion Hills should be used for this purpose. Cncl. Sweeney explained why Dominion Hills was chosen as the site. Dominion Hills is in the first high elevation and SPUC should be allowed the approval of the DNR. Mayor Brekke said SPUC is charged with the operation, planning and construction of the water supply in the City of Shakopee and he was not sure the Council should get involved. Cncl. Amundson felt awkward, also, about the City being involved in the eminent domain process of obtaining the Dominion Hills site, when SPUC is the one charged with providing water to the City. It was up to us to follow through with what SPUC decided. Cncl. Link did not feel the Council should get involved in this issue. Jim Thomson said this was not before the Council mandating a vote, it was here before them to issue the beginning of the Eminent Domain proceedings for a water tank. Sweeney /Amundson offered Resolution 5401, A Resolution Concurring With The Shakopee Public Utilities Commission Decision to Condemn Real Property And Authorizing The Acquisition of Such Property By Eminent Domain, and moved its adoption. Jeff Miller, 2308 Promise Avenue in Dominion Hills, approached the podium and said he would be affected by this decision. He felt the notification in the newspaper was not satisfactory notification. He wondered if proper consideration had been given to the impact on the neighborhood in Dominion Hills. He would like SPUC to take another look at the other alternative sites for the water tower placement. This is an area that will be developed with high - end homes. He felt this was an incompatible use. Tom Feehan, Aarbor Homes, Inc., Developer of parcels in this area, stated that this does affect the value of the land according to him. Aarbor homes will be impacted. Official Proceedings of the Shakopee City Council August 15, 2000 Page 14 Dave Dehn, Dominion Hills resident, approached the podium. He felt the value of his home would be impacted. Mr. Lou Van Hout, Utilities Manager of Shakopee Public Utilities Commission, approached the podium with some comments. The Commission decided to move forward to acquire the site by eminent domain proceedings when no willing seller could be found. Many factors were evaluated with each site. The Commission wanted this to move forward with no delays so they wanted the Council involved. This site selection process did go on for several months. The Dominion Hills site is needed for the good of the water system and for the public good. Mayor Brekke asked Mr. Van Hout about an underground water tank. Mr. Van Hout answered that SPUC is going to utilize this method on another site but the underground water tank is not appropriate for this site. Cncl. Sweeney called the question. Motion carried 4 —1 with Cncl. Morke dissenting. Bruce Loney approached the podium and reported on the constructing of a pond in the industrial area in Valley Park 6` addition. A grading plan to construct this pond has been developed. If this plan is approved, then we can go out for quotes. It was hoped that the dirt removed could be sold to developers /interested parties_ This would bring the cost of the grading down considerably. We do not need this pond immediately, but we have had some inquires on the dirt. Sweeney /Amundson moved to authorize the appropriate City officials to advertise for quote, for the excavation of a pond in Outlot A, Valley Park 6 Addition with the funding to come from the Storm Drainage Fund. Motion carried unanimously. Mr. McNeill reported on the City's facilities and locations. Several weeks ago, City staff was directed to bring back options for the City buildings that were looked at as part of the CIP and architectural study of the City Hall, Public Works, Police and Library buildings. The cost is approximately $12 million to cover the needs of the City and right now we have approximately $4.2 million in the bank_ Mr. McNeill addressed the location of the facilities. It was determined to keep the facilities in the downtown area as much as possible. It has been recommended to keep the library downtown if at all possible. An architect has done an assessment on doing an addition to City Hall on the east side, but at best this is a temporary fix. The direction to staff was to look for a permanent location for City Hall. There is an option to keep the City Hall downtown. One suggestion was to look at Block 32. For the Library to be built to work on the current site in the downtown area, it would need to be built two stories high. There is some opposition to a two story building in the community. Plus even for the two -story building some land would need to be acquired. The police building is overcrowded along with the public works building being overcrowded. It does make sense to keep the location of the public works building. Public Works location is of sufficient size so that they can expand on site. It was recommended in the architectural study to acquire the current SPUC site, which is 4.1 acres, for a police station, but the current building on the SPUC site would not be adequate for the police building. An Official Proceedings of the August 15, 2000 Shakopee City Council Page 15 alternative to this is to look at the 4.39 acres across the street in the improved Gorman Street area which now has sewer and water. The cost to acquire sites for the downtown locations would be approximately $2 million (Block 32 and the 4.39 acres). Option two was the use of the community site. This was not a favorable option. Option three a compromise between old Shakopee and the developing Shakopee is a 24 -acre site located where US 169 is on the South, County Road 15 is on the west. Vierling drive will go through and connect to County Road 15 next year. The new fire station will be located near by, along with Lion's Park and Tahpah Park being close by. This land is proposed to be zoned neighborhood commercial. The best guess at the cost of this land at this point is $2.8 million for land acquisition and the assessments. The last option is locating outside of MUSA in the area of CR 83 and 17 Avenue extended. The land and the cost to bring the utilities to this area is probably somewhere in the vicinity of 1.5 million for this option. Mayor Brekke suggested a plan of action regarding the City's facilities. He felt it was very important for the City Hall to remain downtown (the Block 32 option). The Library Committee should look at the Community Center site as an alternative. The highest priority for the City is the library replacement at this time. This affects most people and should be financed within the context of the City's general levy. We have saved some money for this purpose. The second highest priority is the police station and public works. We should acquire land for the new police station and begin construction on this facility. He felt the City should acquire the land by Gorman Street immediately because this land will some how fit into the City facilities picture_ The Public Works building should be remodeled and expanded on its current site. It has been directed that $100,000 be place in the budget to cover immediate remodeling. If the new City Hall cannot be replaced in the next two years, then we should look at leasing space for the engineering department in a building in the downtown area. Long term, Block 32 would be an ideal location for the new City Hall. He recommended purchasing the 4.3 acres on the east side of Gorman Street right now, and move to purchase the vacant portions of Block 32, recommend to the library study committee that they look at the Community Center property site and to investigate options for leasing space in buildings in the downtown area for the Engineering Department activities. He would like all of these activities funded within the general levy. Cncl. Link felt a referendum was needed for the library. Mark McNeill stated the City anticipated $1.5 million to come in each year. The fire stations should probably be referendum items. If we can wait until 2002 -03 to do these, in theory the City can do these facilities without a referendum. Cncl. Morke had a different set of priorities than Mayor Brekke: highest priority is public service people, put library on a referendum, likes downtown for city hall, Block 32 is a good idea for city hall. Mr. Snook suggested that perhaps the City would like to look at a land bank purchase of the land in Block 32 like the County has for the land on Fourth Avenue. Official Proceedings of the August 15, 2000 Shakopee City Council Page 16 Cncls. Amundson and Sweeney felt the library should go out on referendum. If the referendum failed then the library should not be built at this time. Cncl. Sweeny felt Mayor Brekke's plan should be backed up with a financial back up plan. He didn't disagree with the Mayor's priorities. He felt that Council could come up with more than one way to fund the various facilities. Some of the action items to consider at future meetings is purchasing property, specifically the vacant portions of Block 32 and the east side of Gorman Street. The County needs the language by September 19 for a November 7` referendum for the library. Link/Sweeney moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of $214,974 and not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5399, A Resolution Adopting Small Cities Development Program Policies and Procedures, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. Link deferred his council concerns to a future meeting. Sweeney /Amundson moved to adjourn to Thursday August 17, 2000 at 4:30 p.m. The motion carried unanimously. The meeting adjourned at 11:55 p.m. i� - 3�� J ith S . Co Cox i Clerk Carole Hedlund Recording Secretary OFFICIAL I 1 THE 1 ADJ. REGULAR SESSION SHAKOPEE, M1NNESOTA 11i Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Bob Sweeney and Gary Morke present (at 4:45 p.m.). Those absent: Cletus Link, Gary Morke. Also present were Mark McNeill, City Administrator; Gregg Voxland, Finance Director, R Michael Leek, Community Development Director Mark McQuillan, Natural Resource Director, Jason Bullard, Assistant Finance Director, Judith Cox, City Clerk; Tracy Coenen, Management Assistant; Dan Hughes, Chief of Police, and Kathy Gerlach (at 5:56 p.m.). Also present were Michael Willard, Planning Commission, Jeff Kaley, Parks and Recreation Advisory Board. The Pledge of Allegiance was recited. Mayor Brekke added the Valley Green Grading Permit to the agenda. Sweeney /Amundson moved to approve the agenda as modified. Motion carried unanimously. Mark McNeill stated this would be the first meeting of three regarding the budget. He also stated that the City was trying to schedule a meeting with the townships but it was running into a scheduling problem. Gregg Voxland gave an overview of the year 2001 budget. He indicated that market values were increased by about 27% and tax capacity increased by about 24 %. Gregg Voxland reviewed the 2001 General Fund Budget. He distributed examples of estimated market values and the differences between 2000 and 2001 for five parcels. Mr. Voxland stated the same tax capacity rate was used. He indicated that the requested expenses did not exceed the revenues at this point in time. Regarding the Natural Resources budget, Mark McQuillan recommended being more proactive in the design of the Pheasant Run and Marschall Road parks. He noted that funding was included for the tree preservation plan to ensure compliance with the ordinance. Mr. McQuillan did not believe that a full- time forester was necessary at this point but rather should be hired out when services were needed. He also indicated a need to inventory trees in the City so that it could be determined which trees need to be trimmed, removed, etc. He recommended hiring a forester for that determination and then stag could update the inventory as necessary. Gary Morke entered the meeting at 4:45 p.m. Bob Sweeney questioned why it would be necessary to hire someone to inventory the trees. Mark McQuillan stated that a computer program is used for identification of trees. He stated that he investigated the possibility of hiring an intern to perform the inventory but it would be more cost effective in the long run to hire a professional. Official Proceedings of the August 17, 2000 Shakopee City Council Page 2 Mayor Brekke indicated that the Upper Valley drainage way and trail under Marschall Road collects garbage and needs a modest landscaping plan. Mark McNeill indicated that more engineering would be involved in a landscaping plan as the City needs to follow the 100 -year flood plan. Gary Morke questioned whether the current computers could handle the software for the tree inventory. Michael Leek replied that the computers were all Y2K compliant and should have adequate capacity. Jon Albinson, Valley Green Business Park, approached the podium. Mr. Albinson noted that the park in Southbridge did not see any changes in 2000. He noted that the funding was decreased in 2001. He requested that the original funding be used to move forward with the park. Mark McQuillan indicated that a master plan was in the process. He also noted that some monies were pushed back in order to purchase property. Jeff Kaley noted that there was one significant portion of land that could become a key park. Bob Sweeney stated that the City reallocated and traded off during the year and did not have the luxury of extra incoming funds. Mr. Albinson stated that funds stay in the Park Reserve Fund and are not transferred to other funds. Michael Leek presented the Community Development budget. Mr. Leek indicated that 75% of expenses in the Planning Department tend to be for current services. He also stated that the Planning Department works on transit matters. Mr. Leek stated that he is working on developing the ability to train a senior planner to take over some of the meetings Mr. Leek must attend. Mark McNeill noted that the City was fortunate to hire a Planner I who already had s ignificant experience_ Gary Morke questioned whether the MIS expenses should go under Administrative rather than Community Development. Mr. McNeill stated that MIS was included in the Community Development budget because Mr. Leek had experience with MIS. Mr. Morke questioned whether it would skew the bottom line and Mr. McNeill replied that it would be virtually impossible to differentiate. Mr. Leek indicated that part of the proposed budget included funding for a full -time MIS coordinator and that individual could take over those duties. Bob Sweeney questioned why a visitor /convention passthrough was included in Community Development. Gregg Voxland stated it was due to promotion of the community. Mr. Sweeney recommended reviewing its inclusion in the Community Development budget. It was the consensus of Council to move visitor /convention funds to the Finance budget. Mr. Sweeney suggested breaking out the figures to detail transfers, refunds, etc. Mr. Voxland indicated that would be difficult to do. Mayor Brekke requested that Mr. Voxland look into that matter. Mr. Leek indicated that there were significant operating supplies included in MIS and there would be an additional need for environmental funds. Mr. Sweeney suggested adding $30,000 to professional services. Deb Amundson questioned whether there was a way to tell what was requested from what was allowed. Michael Leek reviewed the Inspection Budget. He indicated that the City was spending significant dollars for electrical inspections and questioned whether it should look at having its own inspector. Bob Sweeney stated he was concerned about the adequacy of the inspections and suggested auditing sample inspections three months after the inspector has signed off Mayor Brekke indicated his concern that this would convey a lack of trust. Mr. Leek suggested that he could relay concerns that Official Proceedings of the August 17, 2000 Shakopee City Council Page 3 the workload was significantly increased and the City was trying to ensure proper inspections. Mayor Brekke indicated that it takes a significant amount of time to obtain a building permit. Mr. Leek indicated that the department is aware of the problem and trying to deal with a two to three day turnaround. It was the consensus of the Council to increase professional services by $20,000. Michael Leek reviewed the Transit budget. He stated there was no choice but to expand service. He indicated that he has received numerous calls for route and express rides and this needs to be addressed. Mr. Leek indicated that the Council may want to review the levy and levy the maximum. Gary Morke stated that with the growth in the City, the City needed to take a hard look at increasing the services. Mr. Leek indicated that future meetings had been scheduled to deal with the problem. He indicated that he was trying to obtain funding from the Met Council for a small hub. Mayor Brekke stated that if the City was going to provide pre - school children with transportation, it should hire a person to ride with those children. Mark McNeill noted that there was an issue of who should be providing the ride- along. He noted that there are three buses which would take four to six hours per day. Mayor Brekke stated the risk is too large at this time. Mr. Leek noted the additional conflict of other people not being able to get a ride due to the room taken up by pre - school children. Mayor Brekke indicated his wish for a decision to either discontinue pre - school rides or provide a ride -along by January 1, 2001. Bob Sweeney stated that January I would be a difficult date due to weather problems. Mr. Leek stated he would address the item as high priority. Michael Willard suggested doing background checks on the drivers to show the City's good faith_ Mayor Brekke replied that this was already being done. Mr_ Willard then suggested going further than a routine background check. Mr. Sweeney suggested that a check could be done by the Police Department_ Chief Dan Hughes stated that a background check for police purposes consumes 40 hours. He also indicated he was unsure if the Police Department could perform a background check if it was not for reemployment with the police department. Chief Hughes stated he would check into the matter and report at the next workshop_ Mr. Morke suggested requiring Laidlaw to perform the background checks and accept the increased cost. Kathy Gerlach entered the meeting at 5:56 p.m.. Police Chief Dan Hughes reviewed the Police Department budget. He requested five additional officers, a one -half time records technician and promotion of an existing officer to sergeant. He also indicated the need to address additional uniform and fuel costs, an additional civil defense siren and dictation equipment. Chief Hughes noted that funding options were available for the dictation equipment. He noted the COPS in school grants were still in the review process. Chief Hughes indicated that reports need to be done correctly and timely which was the reason for the additional support position. Gary Morke indicated that with the City's growth, there is a need for supervisors to be on duty at all times. Mayor Brekke agreed. Deb Amundson questioned whether it was possible for Chief Hughes to put together a five -year plan and Chief Hughes stated he could do this. Mr. Morke cited a recent example of three major incidents happening and only two officers were on duty. Bob Sweeney noted that Highway 169 is the State Patrol area and the City does not get any recovery of ticket fines. Mayor Brekke stated it was the consensus of Council to have the Police Department obtain seven officers. Mark McNeill indicated the need for a backup plan if the grant was not received Official Proceedings of the August 17, 2000 Shakopee City Council Page 4 for five of those officers. Mr. Sweeney stated he would be interested in contracting with the school to split the cost 50 -50. Chief Hughes indicated that a K -9 unit was not included in the 2001 budget due to the current experience level of the officers. Mayor Brekke discussed the Valley Green Grading Permit. He proposed a compromise to resolve the matter. Sweeney /Amundson moved to reconsider the previous action on the application for a grading permit for Valley Green Business Park to continue discussion to September 19, 2000. Motion carried unanimously. Mayor Brekke stated that the requirements of the proposed tree ordinance would cost $35,000- $40,000 to the developer. He proposed to resolve the matter due to the urgency of the developer. He proposed $20,000 be charged to the developer and held in an account for reforestation on that site. Mayor Brekke discouraged the clear cutting of trees but stated he realized this would not be possible. He stated that if the funds could not be used at the Valley Green site, then they would have to be used on another City site. Mark McQuillan stated he was unsure if there would be enough room to reforest. He stated another option would be to pay the City cash and to hold it in a tree fund for City projects. Bob Sweeney questioned decreasing the amount the City could obtain by half of what it could obtain. He questioned the precedence the City would be setting by decreasing the amount. Mayor Brekke noted that no ordinance is in place at this time_ Gary Morke stated he was uncomfortable making any decision without the benefit of the city attorney. He also noted that Councilmember Link was not present to discuss the matter. Mayor Brekke noted that it was not his intent to discuss the matter without Councilmember Link present. Deb Amundson stated an ordinance was not in effect and the City was already receiving a test case. She questioned whether the request came from a non -profit group if it would make a difference. Jon Albinson approached the podium. He expressed his appreciation to address the Council. He indicated the City would be exposing itself to a risk because no ordinance was in effect. He indicated that time was of the essence to him as a developer. Kathy Gerlach approached the podium. Ms. Gerlach stated she agreed with Mr. Morke. She believed the matter was thoughtfully deliberated by the Council. She stated the line needed to be drawn somewhere and the intent of the ordinance is not to extort dollars from developers. She suggested forgetting about the $20,000 proposal and either approve or deny the permit. Mayor Brekke indicated the property is on the bypass, has been platted and needs to be filled five to six feet to be buildable. Jon Albinson asked for a compromise decision today. He noted that the trees will be coming down Sweeney /Amundson moved to grant the Valley Green Business Park grading permit. Official Proceedings of the August 17, 2000 Shakopee City Council Page 5 Bob Sweeney stated that Ms. Gerlach's comments made sense. He again expressed his concern about setting a precedent. Deb Amundson stated that the City would be imposing sanctions on an unknown. She stated there needs to be a thoughtful process. Gary Morke stated that bringing the matter at this meeting was inappropriate and out of order. e noted Cletus Link's absence and no benefit of having the city attorney present. Mark McNeill stated that Mr. Link was advised the matter was being brought up at today's meeting. He also stated that the city attorney was consulted regarding the reconsideration. Bob Sweeney suggested that the matter did not need to be continued to September 19 but that it could be tabled to September 5 Jon Albinson stated he would replant $20,000 worth of trees if the City would approve the permit. Morke /Amundson moved to table the matter to August 24, 2000. Motion carried unanimously. Judith Cox presented the City Clerk's budget. Bob Sweeney stated that he was comfortable with Ms. Cox's previous budgets as well as the 2001 budget. Ms. Cox noted the budget included $50,000 for an electronic imaging system. Mr. Sweeney stated the expense should be in the Equipment Fund rather than the City Clerk's budget. Gary Morke suggested leasing with a service contract. Mr. Sweeney prefers leasing the equipment and if we can't lease it then modify our requirements for what we buy out of the Equipment Budget so we include these large pieces of equipment. Sweeney/Morke moved to adjourn the meeting to August 24, 2000 at 4 :30 p.m. Motion carried unanimously_ Meeting adjourned at 6:47 p.m. Respectfully submitted, t S. Cox Clerk Janet Vogel Freeman Recording Secretary CITY OF S=OPEE U Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: October 12, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 10/12/2000. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $39.90. Also included in the checklist are various refunds, returns, pass through, etc. totaling $154,319.11. The actual net expense amount is $633,394.83. Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence /travel reimbursement for an employee. The employee(s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt /odometer readings and therefore needs to be paid through payroll as taxable income. Erin Lundy $18.00 Kim Hartman $18.00 Action Requested Move to approve the bills in the amount of $787,713.94. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/12/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 10,295 62,925 79 12 CITY ADMINISTRATOR 249,600 13,760 221,150 13 CITY CLERK 219,290 6,683 137,040 89 62 15 FINANCE 429,990 9,368 335,128 78 16 LEGAL COUNSEL 298,500 54,617 296,993 99 17 COMMUNITY DEVELOPMENT 574,780 12,790 459,052 80 18 GENERAL GOVERNMENT BUILDINGS 253,840 8,271 174,508 31 POLICE 2,173,740 79,139 1,553,715 69 71 32 FIRE 705,840 40,799 534,280 76 33 INSPECTION - BLDG - PLMBG -HTG 428,070 16,323 369,273 41 ENGINEERING 541,650 116,648 548,778 86 101 42 STREET MAINTENANCE 904,850 22,491 553,708 61 44 SHOP 156,240 8,576 111,861 72 46 PARK MAINTENANCE 535,430 37,598 426,252 80 91 UNALLOCATED 557,010 -1,716 617,663 111 TOTAL GENERAL FUND 8,108,960 435,639 6,402,325 79 17 COMMUNITY DEVELOPMENT 509,990 33,210 301,480 59 TOTAL TRANSIT 509,990 33,210 301,480 59 19 EDA 247,380 2,206 115,550 47 TOTAL EDA 247,380 2,206 115,550 47 H I a � I � 1 a al _ � I �la a s as a as a s aaaaaaaaaaaaaa a x xxxxxx M 1 H H H H H H H H H H H H H H H H H H H H H H H H H 0 000000 N I O H I w. ° 0M o a�1 o pD N z I I U 0 I 0 zl 0 0 N WI o 0 0 0 o 00 000000000000 O H U I 0 0 0 0 ° 0 0 0 0 0 0 0° 0 0 0 0 0 0 H 1 lfl o - N I- co O M M O N 000 00000000000 01 O 0 0 0 0 0 0 0 H N H -{ N 0 0 N N N N N N N N N N N N N N N H N 0 0 0 0 0 0 co oo oD oo co co z H w lD Lo a k.0 U 0 r0i U a E E HE E EP P PP PPPP E-I O Ei NNNNNN H ' ° U W 0 i 0 W UUUUUUUUUUUUUU 0 U al al mm 0l l 0 0 co 00 0 mot` 0 ca 00 000000000000 0 0 000000 I Ei ' M co ° 'A -- I oo co (Y) O MMMMMMMMMMMMMID N H HHHHH H Z . 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LO d d' Ol M 1 O d� O H 00 Ln Ln O M L- M Ln 0) 1— M 1 d H 61 O Ln Ln 00 L10 0) O m O c-1 V)- N N M H M L O r- 00 N O N r-i r- vl- In O M � j O a0 m Ln M l� 00 M H V) - d' N N yr L� N N 00 VY L- i� V)- Q W z U � H H z O z z H H w x z z� X H H z z w X o o E w �> Q Q > w x 0x W w 3 rC rT, ix z �D z O P a a p > W z W �D x �D x x X X o O m H z m w (:l a E-' H W a Ln Q E Z H FC a> H H FC FC Z H H p U1 FC H \ H W W Q W O W W O x H t4 W a a a 0, rn rn o U H H U C7 Q H W a U m vi f)4 H W u1 W M O O O O H LI) O O H H H r-i N N M d' Ln H m Ln co co N d' o H H m d d r r co m 41- ## =N- #I- =t# Q Cl Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q z z z z z z z z z z z z z z z z z w w w w w w w w w w w w w w w w w W) Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Planned Unit Development (PUD) Amendment for Shakopee Valley Marketplace STING DATE: October 17, 2000 Discussion KTJ Limited Liability Partnership Fifty has made application for approval of an amendment to the Planned Unit Development (PUD) of Shakopee Valley Marketplace. The subject site is located north of 17 Avenue and east of County Road 17. The Planning Commission reviewed the application at its October 5 meeting. Please find attached, for the Council's reference, a copy of the October 5 memorandum to the Planning Commission. At this meeting, the Planning Commission recommended approval of the PUD amendment to the City Council subject to conditions. Alternatives 1. Approve Resolution No. 5418, a resolution approving the Planned Unit Development Amendment for Shakopee Valley Marketplace, subject to conditions as set forth below. 2. Approve Resolution No. 5418, a resolution approving the Planned Unit Development Amendment with revised conditions. I Do not approve Resolution No. 5418. 4. Table the request for additional information. Action Requested Approve Resolution No. 5418, a resolution approving the Planned Unit Development Amendment for Shakopee Valley Marketplace w G: \cc\2000 \cc 1017\PUDAM- SVM.DOc PUDAm -S VM.doc/PUS RESOLUTION O A RESOLUTION OF TUE CITY OF SHAKOPEE, MINNESOTA, APPROVING AN AMENDMENT T1 THE PLANNED UNIT DEVELOPMENT #17 F1' SHAKOPEE VALLEY MARKETPLACE WHEREAS, KTJ Limited Liability Partnership Fifty is the Applicant and Owner of said property; and WHEREAS, the applicant has requested an amendment to the PUD to allow wall signage along the rear of the structure on Lot 4; and WHEREAS, the property upon which the request is being made is legally described as follows: Lots 1, 2, 3, 4, 5, and 6, Shakopee Valley Marketplace, Scott County, Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review the Planned Unit Development Amendment for Shakopee Valley Marketplace on October 5, 2000, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Planned Unit Development Amendment were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Amendment to Planned Unit Development #17 Shakopee Valley Marketplace is hereby approved subject to the following conditions: 1. Wall signage shall be allowed on the rear of the building on Lot 4 only. 2. The size of wall signage shall be in conformance with the regulations outlined in Section 11.70, Subd. 10.A. 3. The site shall be required to comply with the conditions specified in Resolution Nos. 5340 and PC00 -068_ Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY. City of Shakopee 129 South Holmes Street Shakopee, MN 55379 PUDAm -S VM.doc/PUS 2 �y 13 151 Do 0 I 1 • . 1.1.,1 Site Inf ormat i on r r e• Liability Partnership Fifty Property Owner: KTJ Limited Liability Partnership Fifty • do n: Southeast comer of •• and County ''a,• 17; north of r Aven] Adjacent Zoning: North: Highway 169 South: Office Business (B2) Zone/PUD Overlay #6 (St. Francis Hospital) West: County Road 17 East: High Density Residential (M) 1995 Comp Plan: Commercial MUSA: The site is within the MUSA boundary. In May 1999, the subject site received approval of a Conditional Use Permit (CUP) to allow a retail center, gas station, and uses having a drive up or drive through window. In April 2000, the subject site received approval as Planned Unit Development (P ). Considerations This PUD amendment application requests approval of the placement of signage along the rear building wall of the structure on Lot 4. Lot 4 houses the "strip retail" building directly east of the entrance to the center off of 17" Avenue. Currently, City Code regulates wall signage located on the "front of the building" and "not on the front of the building". Specifically, Section 11.70, Subd. 10. A states: A. WaU Signs. If the Planning Commission wishes to recommend approval of the PUD amendment request, staff provides the following draft conditions of approval for the Commission's consideration. 1. Wall signage shall be allowed on the rear of the building on Lot 4 only. 2. The size of wall signage shall be in conformance with the regulations outlined in Section 11.70, Subd. 10.A g:\boaa-pc\2000\oct05\pudtrgt-doc Proposed PUD Amendmen N W+ E S 1 ' 11 September 7, 2000 Ms. Julie Klima _ City of Shakopee 129 Holmes Street South Shakopee, MN 55379 - RE: Planned Unit Development Amendment Shakopee Valley Marketplace Shakopee, MN Dear Julie: In conjunction with the attached PUD Amendment Application, this letter shall serve as a narrative -for the application and the site description. Previously, we have received approval for the entire site, consisting of approximately 30.5 acres, and we have conditional use permit for a full service sit down restaurant (Ruby Tuesday) and a variance for parking related to the sit down restaurant use. As discussed, this amendment is to allow only the occupants of the multi-tenant building on Lot 4 to place signs on the rear of the building. As we discussed, the occupants may only have signs if the elevation faces a public roadway or a public entrance. It was our belief that the entryway off of 17` Avenue constituted a public entrance and that the eastbound traffic would constitute the bulk of the traffic pattern into the center. It would be our intention that these signs would fall under the current city ordinance allowing 1 square foot of signage for each lineal foot of wall area to a maximum of 100 square feet. This request is only for Lot 4 and is a result of the positioning of the building and the traffic flow from the west. We feel that this PUD amendment and the proposed signage is consistent with the city requirements and zoning and are within the parameters of the overall development. They will not have any impact on any adjoining residential property and will allow for better viability of the occupants. As always, we are more than willing to discuss any item(s) that you made need more clarification one and look forward to working with the city staff and Commission on this project. Sincerely, Paul J. cci ATTACHMENTS: ® PUD Narrative ® Building Elevation and Site Plan ® Application & Fees 10 4l 0 0 0 H m 3 W 2 CL CL �Y+ cc a to CL AT m 0 IN C G d s r pf r• 0*1 IS.A.l. CITY OF SHAKOPEE Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police ;�� SUBJECT: 2000 -2001 D.A.R.E. Educational Services Agreement DATE: October 11, 2000 INTRODUCTION: The Police Department is seeking approval of the 2000 -2001 D.A.R.E. Educational Services Agreement between Independent School District #720 and the City of Shakopee. This Council item, 15.13.3, was tabled by Council action at the October 3, 2000, meeting. Staff was directed by Council to ascertain whether or not the School District would be willing to fund 100% of the expenses incurred by the City for the D.A.R.E. position. On Thursday October 5, 2000, Mark McNeill and I met with Mr. Jon McBroom, Superintendent of Independent School District #720. At this meeting Mr. McBroom committed 100% of the crime related cost levy to cover the expense of D.A.R.E. A copy of the Minnesota State Statute 126B.44 is attached. Mr. McBroom, based upon this levy, was unable or unwilling to make a commitment for 100% of the officer's salary. The last legislative session did change the funding formula for Crime Prevention costs and levying authority of school districts. City staff will review this with the school district for next year's contracts. We also broached the subject whether or not the school district would be interested in funding 50% for the COPS -IN- SCHOOLS Grant. He believed that the current contract that the City approved at the October 3 Council meeting, is appropriate for the school to fund. BUDGET IMPACT: The agreement identifies $30, 646.50 as the amount the school district determines is available to pay the City for D.A.R.E. services during the 2000 -2001 school year. Memorandum to Council 2000 -2001 D.A.R.E. Educational Services Agreement October 11, 2000 ACTION REQUESTED: If the Council wishes to discuss this item, they should remove this item from the table. If Council concurs, they should, pass a motion authorizing the appropriate city officials to enter into the D.A.R.E. Educational Services agreement between Independent School District #720 and the City of Shakopee for 2000 -2001 school year. DH:pm Attachments: 1. D.A.R.E Memorandum dated September 28, 2000 2. D.A.R.E. Educational Services Agreement 2000 -2001 3. Minnesota State Statutes 1999, 126C.44 Memorandum to Council 2 2000 -2001 D.A.R.E. Educational Services Agreement October 11, 2000 CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: September 28, 2000 Subject: 2000 -2001 D.A_R_E. Educational Services Agreement Introduction: The Police Department is seeking approval of the 2000 -2001 D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee. t.. � State Statute allows school districts to levy a one dollar and fifty cents ($1.50) tax for every resident of the school district for the purposes of funding drug education programs within the district. This levy is commonly referred to as the D.A.R.E. tax. Independent School District 720 elected to levy the D.A.R.E. tax a number of years ago. For the past four school years the District and Department have used the funds to subsidize many of the programs the Department conducts in the schools. D.A.R.E.(Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education And Training), Officer Friendly, Halloween Safety, and bike safety are examples of programs we plan to provide in the schools during the 2000 -2001 school year. These programs coupled with numerous hours of liaison activity should have a direct positive impact on our youth and their relationship with the police. Council approved a similar agreement for the 1999 -2000 school year. In past years this agreement was presented for Council approval prior to the start of the school year. Staff chose to wait on the execution of the agreement pending the outcome of the School Resource Officer grant application process. The agreement language has been modified to remove redundant services provided by the DARE Officer and the School Resource Officer positions. OE M= The agreement identifies $30,640 as the amount the School District determined as available to pay the City for services during the 2000 -2001 school year. It is anticipated this amount will grow proportionately as the City and District population increase. The District is not requesting additional services from the Police Department for the term of this agreement. Action Requested: If Council concurs, they should, pass a motion authorizing the appropriate City officials to enter into the D.A.R.E. Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 2000 -2001 school year_ k u Chief of Police D.A.R.E and Educational Services Agreement Independent School District 720 and the City of Shakopee This Agreement is made and entered into the day and year set forth below, by and between Independent School District No. 720 (hereinafter "School District: ") and the City of Shakopee (hereinafter "City "). The parties enter into this Agreement pursuant to Minnesota Statute 126C.44. For purposes of this agreement, the School District's participating elementary schools are, Pearson, Sweeney and Sunpath. For purposes of this agreement, the School District's participating secondary schools are the Shakopee Junior High and the Shakopee Senior High. The parties hereto agree as follows: 1. The City agrees to provide a state certified police officer, certified as a D.A.R.E. instructor, to instruct the D.A.R.E. (Drug Abuse Resistance Education) program in the School District's elementary schools. 2. The City agrees to provide a state certified police officer in each of the School District's elementary schools for the purposes of educational programming (i.e.: Officer Friendly, Halloween safety, bicycle safety). 3. The City agrees to have an officer available to the District's elementary schools on an "on call" basis for police liaison services. These police liaison services shall include, but not be limited to, prevention of delinquency, protection of life and property, and law enforcement. 4. The parties agree that the police officers assigned to provide educational and police liaison services in the schools are employees of the City and its Police Department. The officers shall operate under the administration and supervision of the police department, but will work in cooperation with school administrators to achieve mutually agreed goals for the police department, school and students. 5. The School District shall pay the City the amount of $30,646.50 for the services included in this Agreement. The payment shall be made upon receipt of an invoice from the City. 6. This Agreement is effective for the 2000 -2001 school year. This Agreement dated this day of 2000. Board Chair, Anne Tuttle Mayor, Jon Brekke Superintendent, Jon McBroom City Administrator, Mark McNeill Police Chief, Dan Hughes City Clerk, Judy Cox NEmesota Statutes 1999, 126C.44 Minnesota Statutes 1999, Table of Chapters Table of contents for Chapter 126C 126C.44 Crime- related costs levy. Each district may make a levy on all taxable property located within the district for the purposes specified in this subdivision. The maximum amount which may be levied for all costs under this subdivision shall be equal to $1.50 multiplied by the population of the school district. For purposes of this subdivision, "population" of the school district means the same as contained in section 275.14 The proceeds of the levy must be used for directly funding the following purposes or for reimbursing the cities and counties who contract with the district for the.following purposes: (1) to pay the costs incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison services in the district's middle and secondary schools; (2) to pay the costs for a drug abuse prevention program as defined in Minnesota Statutes 1991 Supplement, section 609.101 subdivision 3, paragraph (f), in the elementary schools; (3) to pay the costs for a gang resistance education training curriculum in the middle schools; or (4) to pay the costs for other crime prevention and drug abuse and violence prevention measures taken by the school district. The district must initially attempt to contract for services to be provided by peace officers or sheriffs with the police department of each city or the sheriff's department of the county within the district containing the school receiving the services. If a local police department or a county sheriff's department does not wish to provide the necessary services, the district may contract for these services with any other police or sheriff's department located entirely or partially within the school district's boundaries. The levy authorized under this subdivision is not included in determining the school district's levy limitations. HIST: 1975 c 4-32 s 75; 1976 c 271 s 81; 1917 c 447 art 6 s .8; 1978 c 764 s 105; 1982 c 548 art 6 s 21; 1983 c 314 art 6 s 24; 1984 c 463 art 6 s 6; 1986 c 444; 1987 c 398 art 1 s 21; art 6 s 12; 1988 c 486 s 85; 1988 c 718 art 6 s 20,21; 1988 c 719 art 5 s 84; 1989 c 329 art 6 s 48; art 13 s 9- 11,20; 1Spl989 c 1 art 2 s 11; 1990 c 426 art 2 s 1; 1990 c 562 art 6 s 33; art 7 s 10; art 10 s 9 -11; 1990 c 596 s 3; 1991 c 130 s 29; 1991 c 265 art 5 s 12; 1991 c 291 art 4 s 1; 1992 c 499 art 6 s 29; art 7 s 11,26; art 12 s 29; 1992 c 511 art 2 s 21; art 5 s 9; 1992 c 603 s 11; 1993 c 224 art 7 s 13; art 8 s 3,4; 1994 c 647 art 8 s 9; 1Spl995 c 3 art 1 s 17; art 16 s 13; 1996 c 412 art 4 s 10; art 13 s 18; 1997 c 66 s 79; 1Spl997 c 4 art 1 s 26 -28; art 2 s 31; 1998 c 397 art 7 s 111- 114,164; 1999 c 241 art 2 s 48 Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota. Page 1 of 1 http://www.revisor.leg.state.mn.us/stats/126C/44.html 10/9/00 )s. is. 1, 1 1� To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: MnDot Parcel 75 Date: October 10, 2000 Council is asked to provide direction to staff as to how the MnDot Parcel 75 is to be preserved as parkland. At a recent meeting with officials from the Minnesota Department of Transportation (MnDot), they indicated they would be willing to convey to the City of Shakopee the entire 50 acres of parcel 75 at no charge if the land is used for park or road purposes. Any portion of the land not used for the stated purpose, such as a fire station, electrical sub - station or housing, the City would have to re -pay MnDot $14,431.00 per acre. Council has expressed a desire to someday locate a fire station on parcel 75 and possibly construct a roadway from Southbridge Parkway to the Ryland Development. The City would sell -off 12 acres along the roadway to cover road assessments. The Parks and Recreation Advisory Board has gone on record supporting the acquisition of the MnDot land for park purposes and possibly for a fire station. However, they are opposed to any roadway that would be detrimental to the woodlands on that parcel. ALTERNATIVES Staff has prepared three possible scenarios for the City Council to consider. Council did indicate at a recent budget workshop the assessments for Southbridge Parkway would be paid through the tax levy over 10 years. The Finance Director indicated there is $136,250.00 in past due assessments on the property. He suggests the City pay the past due assessments now and to spread the balance of $368,441.17 over the remaining eight years of the bond. The City Council should decide which fund it wishes to use to pay the $136,250.00 in past due assessments (General Fund, CIF or Park Reserve Fund). Scenario 1 Use the entire 50 acres as park. Facilities would include large picnic shelter, restrooms, playground equipment, parking lot and trails. Scenario 2 Use 47 acres as park and 3 acres for a fire station. Scenario 3 Use 35 acres as park, 3 acres for a fire station and remaining 12 acres for housing. BUDGETIMPACT Scenario 1 Land costs. $ 0 Southbridge Parkway assessments: $450,000. (tax levy over 10 years) Scenario 2 Land costs (Fire Station): $ 43,293 Southbridge Parkway assessments: $450,000. (tax levy over 10 years) Scenario 3 Land costs (Fire Station): $ 43,293 Southbridge Parkway assessments: $450,000. (tax levy over 10 years) Estimated income from Land Sale 12 acres x $60, 000 = $720,000 Cost of land to be sold for housing = $ 173,172 Total Return = $546,828 Funding for assessments are typically paid for through the General Fund. However, as the assessments on this portion of Parcel 75 are a cost of acquiring the land, it could also logically come from the Park Reserve Fund. In addition, if a portion of the land is sold for development, a proportionate amount that was taken from either the General Fund or the Park Reserve Fund could be reimbursed from the proceeds of the land sale. Unless Council has other thoughts, we recommend that the Park Reserve Fund be utilized at this time. CO NATION At its September 19, 2000 City Council Meeting, Council directed staff to prepare and disseminate RFQs for a Parks Master Plan for the Southbridge/Dean Lake area. This would include the MnDot parcel. Therefore, staff needs direction as to how much of the MnDot parcel will be included in the study (25 acres, 40 acres or all 50 acres). The Parks and Recreation Advisory Board recommended Scenario 2. ACTION REQUESTED Determine the amount of acreage within the MnDot Parcel 75 you wish to remain as parkland. Move to allocate from the Park Reserve Fund (currently estimated at) $136,250.00 to pay past due assessments on parcel 27- 9110040. Mark J. McQuillan C CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Parcels DATE: October 12, 2000 City staff has recently met with the right -of -way acquisition staff of MnDOT regarding parcel 75 (Southbridge), as well as 37/43 (west of Shakopee Town Square). The City Council has been advised earlier that MnDOT is looking for a 17 acre parcel, upon which to have a maintenance facility constructed. While at one time they were considering parcel 75, they now indicate that that site is no longer of interest to them. As such, they will work with the City to get that 50.24 acre parcel transferred to the City. The earlier offer of transferring 25 acres at no cost, as long as it is used for public purpose (defined as park or road right -of -way) still stands. They would sell the balance to the City at $14,431 per acre. However, they prefer not to have a cash sale. Instead, they would like that the exchange be made in the way of the City constructing the maintenance facility (estimated cost at approximately $1 million) in exchange for a comparable value of land. They would prefer it at the parcel 37/43 site, and they are currently in the process of reviewing what portion of the old Davies Addition might be used for that purpose. It would then reduce the amount of land that would need to be taken from the 26 acre 37/43 that could otherwise be sold for development purposes. I did explain to the MnDOT personnel that the City was currently undergoing its own facility construction funding issues, and to come up with funding for a MnDOT project will be difficult. Staff will be reviewing options for that. One other possibility which was discussed was the potential for a shared facility for MnDOT, as well as City and possibly County maintenance facilities. MnDOT did see that as being of interest to them, although it is still very preliminary in the discussion. The above information should be considered while discussing the MnDOT Parcel 75 disposition memo from Mark McQuillan. Staff also yoke with MnDOT about the questions that were raised by Council at its October 3' meeting; specifically, is an interchange contemplated at C.R . 69/169, or T.H. 41/U.S. 169? The response from MnDOT was that neither of these intersections are scheduled for grade - separated interchanges within the next 20 years. However, they said that U.S. 169 was being studied from I -494 southwest to Belle Plaine. They also said that some cities accelerated the schedule for grade separated interchanges by contributing portions of the cost for that purpose. At this time, we do not know what the MnDOT construction costs might be. f JL Mark McNeill City Administrator MM:th Sharon Pfeifer -Shako ee Oak Savanna.wpd Page 1 `' Summary of the ecological significance of the Shakopee Oak Savanna, located in the southeast quarter of Section 11, T115N, R22W This site contains dry oak savanna (barrens subtype), a native plant community mapped by the Minnesota County Biological Survey (MOBS) as a significant occurrence. Oak savanna is extremely rare on today's landscape, with less than 1 /10th of I% of the original presettlement extent in Minnesota remaining today. In addition, three rare species typical of barrens oak savanna were recently documented on this site, including the plains pocket mouse (Perognathus flavescens), the gopher snake (Pituphois catenifer), and rhombic - petaled evening primrose (Oenothera rhombipetela). These three species are all ranked as state special concern in Minnesota because of the extreme rarity of the specific open sand prairie and savanna habitat they require. In the metropolitan area of the Minnesota River valley, these species and their habitat are becoming even more scarce as development eliminates most of their habitat. The oak savanna on this site occupies about 50 acres. It has been disturbed by past grazing and by the field roads that dissect the site, and more recently by construction activities, the planting of grass on the south edge of the site, and invasion of the exotic plant leafy spurge (Euphorbia esula) on the east edge of the site. It was ranked C in quality (on a continuous scale where A is a pristine site and D is a highly disturbed site) by MOBS. It was previously part of a larger oak savanna; the remainder has been recently destroyed and converted to housing developments. Despite these disturbances, however, the site is one of the few intact oak savannas in the area, and does possess a relatively large number of native oak savanna plant species. It could be restored with appropriate management, ideally including brush cutting, controlled burning, and the careful introduction of insects to exert biological control of leafy spurge. By Hannah Dunevitz, Regional Plant Ecologist, Minnesota DNR Information from Minnesota County Biological Survey field notes and personal site visit on July 28, 2000. 1, � � L. � CITY OF SHAKOPEE A1fPmnr17"d -ij w TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: MnDOT Parcel 75 Criteria DATE: October 17, 2000 . 1 The Council is asked to discuss and give approval to the following conditions for transfer of MnDOT Parcel 75 (Southbridge) to the City. 1 1 The following assumes that the Council is OK with transferring the entire 50.24 acres to the City for "public purpose" (defined as park or road right -of -way). 1. The City would take title to the property with the understanding that it will be used for either park purposes, or existing or future road right -of -way. Said transfer shall be at no cost to the City. 2. In the future, should the City choose to use any portion of the property for other than park or road right -of -way purposes (fire station or other City facility, or sell a portion for private development), the City shall reimburse MnDOT the appraised value of $14,431 for any portion of the property for which the use is changed. 3. Payment for any transfer in item 3 (above) shall be made in cash payment, or in such manner as shall be mutually agreeable to MnDOT and the City. 4. The City assumes responsibility for all assessments on said property. If this is acceptable to the current City Council, it should with the understanding that the property is not being deeded specifically for park purpose. The City Council, or any future City Council may choose to change said usage at any time. F.Mayne IN '! e 1 If the Council concurs with the above, it should direct that staff offer these assumptions to MnDOT, to be memorialized in a deed or other transfer document, so that the 50.24 acres of MnDOT Parcel 75 can be transferred to the ownership of the City. Mark McNeill City Administrator MMAh CC: Mark McQuillan CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Pheasant Run 6`" Addition E G DATE: October 17, 2000 Introduction: Pheasant Run of Shakopee, L.L.C. has made application for final plat approval of Pheasant Run 6"' Addition. The preliminary plat was reviewed by the Planning Commission at its meeting of August 17, 2000, and approved by the City Council on September 5, 2000. Considerations: The final plat is generally consistent with the approved preliminary plat. The City Attorney and City Clerk have commented that the dedication language must be revised to include "drives," and a condition regarding this has been included in the draft resolution of approval. Planning staff has noted that Wildwood Drive is to be renamed, and Williams Drive is to be renamed Williams Street. A condition regarding this has been included in the draft resolution of approval as well. Alternatives: 1. Approve the attached resolution approving the final plat subject to the proposed conditions; 2. Approve the resolution approving the final plat subject to revised conditions; 3. Do not approve the proposed final plat of Pheasant Run 6 Addition. 4. Table a decision in order to allow time for the applicant and /or staff to provide additional information. Action Requested: Offer the attached resolution approving the final plat of Pheasant Run 6"' Addition subject to the conditions as presented. R. Michael Leek ' Community Development Director is \commdev \cc\2000 \10 Mpppheasmt6th.doc FINAL A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING T1 1 10 :E ADDITION WHEREAS, Pheasant Run of Shakopee, L.L_C., applicant and property owners have made application for final plat approval of Pheasant Run 6th Addition; and WHEREAS, the subject properties are legally described as follows; The West Half of the North Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 115, Range 22 West, Scott County, Minnesota. The West Half of the South Half of the Southwest Ouarter of the Northeast Ouarter of Section 17, Township 115, Range 22 West, Scott County, Minnesota. moo The West Half of the West Half of the Southeast Quarter of the Northeast Quarter of Section 17, Township 115, Range 22 West, Scott County, Minnesota. Subject to the right of way of Valley View Road. WHEREAS, the Shakopee Planning Commission held a public hearing on the preliminary plat on August 17, 2000, and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Conmission has recommended approval subject to the conditions listed below; and WHEREAS, the City Council reviewed the final plat request at its meeting of October 17, 2000. THEREFORE, BE 1 BY THE 1 THE CITY OF SHAKOPEE, NMNESOTA, That the final plat of PHEASANT RUN 6TH ADDITION is approved subject to the following conditions; I. The following procedural actions must be completed prior to the recording of the Final Plat: A. The dedication language shall be revised to include the word "drives_" B. Williams Drive shall be renamed Williams Street. C. Wildwood Drive shall be renamed. D. Approval of title by the City Attorney. E. Execution of a Developers Agreement which shall include provisions for security for the future improvements to Valley View Road, the public improvements within the final plat, as well as payment of engineering review fees, trunk storm water charges, trunk sanitary sewer charges, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. Park Dedication fees shall not apply to this plat, as dedication is being met with land dedication of 6 acres in the northerly portion of the plat for a community park. 6. Hydrants shall be placed in accordance with the Minnesota Uniform Fire Code, the policies of the Shakopee Public Utilities Commission (SPUC), and shall be approved by the Shakopee Fire Inspector. F. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. H. Following approval and recording of the final plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. The developer will provide temporary street signs as approved by the Building Official and Fire Inspector. C. Outlot B shall be deeded to the adjacent property owner to the east, and a copy of the recorded deed provided to the City Clerk's Office. THEREFORE, BE IT FURTHER RESOLVED, that approval of the final plat of PHEASANT RUN 6TH ADDITION does not constitute a representation or guarantee by the City of Shakopee as to the amount, sufficiency or level of water service that will be available to lots within the plat as they are developed. THEREFORE, 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. 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I N � k n� u� e ro 7 Q' �a F x RM� A Er ¢ M Qi 9 C 0 M o �!�lyyyyyy N ^ O A C V] y Qg. Er- � g$ r � $ r INN Q 3 � 0 ^ A x o t a6 O ro . n r� 0 N W A a o • � o n � 9 � C w o C � o W N o ° ow u 1� IW— 1,I 1 MA y n �-f R o � A d E o � 6 g O o n y O N O y C, 0 O C C 2 O O N O Qi � y r n N ° a H M n J O� � y N Q a b C n Q �S N N • 0 d c N � Er l� 4 y y o o n. O c N X �i p F r O O p� O .7 CV/ d cr F• 5 n b a Q E r 0 0 Iq R O 3 a e W n H n 0 ro Ck A ro 2 CA r a 0 N H w t7 ss x a� rr •v� n G. �•o ro U 6 �9 Q � Q e S A �. u @ �j ro aP ro �t O C C ° o a c fl- Fr � r " yy r1 n 5 � f7 � r N (� 0 1 1 N � 2 1 O ro N O m V V I� � C T ®f CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Members FROM: Mark Noble, Planner I Ir SUBJECT: Waiver of Minor Subdivision Criteria DATE: October 17, 2000 Leslie and Lu Ann Dengerud own the townhouse on the property at 1601 -1603 W. 6th Avenue in Shakopee (see attached plot plan). They would like to sell one half of the structure and are asking that they be granted a waiver of the minor subdivision criteria to allow a minor subdivision that would create lots having a zero foot side yard setback. • 1 1 In 1985, the Board of Adjustment and Appeals approved a 10 foot front yard variance to allow for the construction of this townhouse. The variance allowed for a twenty (20) foot setback from the Harrison Street property line. In 1999, the property owners were approved for a building permit to construct an addition to the rear of the structure (1601 W. e Avenue only). Presently, the property is zoned R -1C Old Shakopee Residential Zone. The required side yard setback is five (5) feet, or one (1) side at three (3) feet and the other side at seven (7) feet. A formal survey has not been completed at this time. If the property owners are granted their request, they will then proceed to have the property surveyed and submit a new legal description, survey and application for a minor subdivision for the City to review. 1) Approve the requested, waiver of minor subdivision criteria. 2) Do not approve the requested waiver of minor subdivision criteria. 3) Table the matter for additional information_ s 1 1 1 Review the property owner's request to be granted a waiver of the criteria and approve a zero foot side yard setback for this property. Pass a motion consistent with Council's wishes. attachments Parce B ound a ries Z oning Bound 1 0110/00 N W E S HAKOaE co�msmmxrxmes¢�ce� c 0 ' d i sc` Z a �� E � z:KZi R- ICSetbacks GI °µ «" Front = ay.- or 30 fr., Rear = 30 ft. � Side =5 ft-,,Heigbt =35 ft. Streetside 10 ft- Al -S7 - p si - — /a f. 4. i i !�5 .c,3 Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Jackson Township Annexation ME ETING DATE: October 17, 2000 On October 13, 1998 a joint session of the City Council and Township Board were held to begin discussions intended to lead to an orderly annexation agreement between the City of Shakopee and Jackson Township Board. The last joint meeting held on the question of annexation occurred on February 8, 2000. Subsequently, informal discussions have occurred about the idea of including in an orderly annexation a condition that by a certain date or year (perhaps in 20 years) any properties remaining in Jackson Township would be annexed into the City. This would occur whether or not the areas could be served by municipal services at that time. The Jackson Township Board is, or will be soon be, holding a special meeting to collect input on the idea described above. The Council is asked to discuss, and determine its level of support for, the idea. Council is also asked to provide direction to staff on how it wishes to proceed with Jackson Township on the question of future annexation. ALTERNATIVES: 1. By consensus, or by motion, support the idea of a "date certain" for annexation into the City of Shakopee of remaining properties within Jackson Township, and direct staff to schedule follow -up discussions between the Council and township Board. 2. Do not support the idea of a "date certain" for annexation into the City of Shakopee of remaining properties within Jackson Township, but direct staff to schedule follow -up discussions on an orderly annexation agreement between the City and the Township. 3. Do not proceed with discussions on orderly annexation of Jackson Township. 4. Table action on the item and request additional information from staff and /or the applicant. F.-TOMIXIM 19 o 1 Offer a motion consistent with the wishes of the City Council, and move its adoption. R. 'chael Leek Community Development Director CITY OF SHAKOPEE Memorandum TO : Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director Appeal by Cletus Link of Denial by the Board of Adjustments and Appeals of Variance Request MEETING DATE: October 17, 2000 1 Cletus Link has appealed a decision of the Board of Adjustment and Appeals denying requested variances for lots in South Parkview -) Addition. The Board of Adjustment and Appeals held a public hearing to consider Mr. Link's request on Thursday, October 5, 2000. The Board denied the requested variances on a vote of 6 -1, Commissioner Houser voting in the negative. Attached for the Council's information is the report that was included in the Commission packet. Also attached is a copy of a supplemental memorandum that corrected and clarified the requested variances. ALTERNAT S: 1. Grant the appeal, and direct staff to prepare a resolution approving the requested variances for Council consideration at its November 7, 2000 meeting. 2_ Deny the appeal, thereby upholding the decision made by the Board of Adjustment and Appeals, and direct staff to prepare a resolution denying the appeal for consideration at its November 7, 2000 meeting. 3 _ Table action on the item and request additional information from staff and /or the applicant. Offer a motion consistent with the wishes of the City Council, and move its adoption. 9 R. Michael Leek Community Development Director - Acc\2000 \cc 1017\linkappeal.doe MEMORANDUM FOR THE TABLE CITY OF SHAKOPEE Memorandum TO: City of Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Cletus Link Request for Variance; Variances Granted with the Final Plat of South Parkview 3r Addition MEETING DATE: October 5, 2000 Earlier today, staff was asked to have information available regarding the variances that were granted with the final plat. Following is a table the previously granted variances related to Lots 15 and 16, and the current requests. Lot 15: 8' front yard variance /27' front yard setback 18' lot width variance /52' lot width Lot 16: 2.5' front yard variance /32.5' front yard setback 18' lot width variance /52' lot width 6" to F side yard variance /9'- 9.5' setback. 2' rear yard variance /28' stbk. 6' front yard variance /29' front yard setback (or an additional 3.5' over the variance granted with the plat; not F as stated in the variance. This memo is for information purposes, and specific action related to it is not requested of the Commission. L 1 ' i 'P a : SUBJEC R . • . • • • • • . i • • • • - . RIF Request of • and Side Yard setbacks for • and r Sout Parkview 3 A dditio n 1 •. 11!' A Cletus J. Link L,o cation: North of verling Drive and East of CSAH 15 Densit Current Zoning: M ec h um • - •. Ad Zo n n_. Old Shak Res Urba Residenti South: Urban Residential (R-1: Zo Ur ban . i. : Zo Ur ban aside •. : Zo Comp. : I.1►Y Y 1 1 1 • ..., �,•.• •• ••� • • •' 1 S outh • A 2' variance to allow a rear yard setback of 28' on Lot 15, South Parkview 3r Addition; • 3 Additio • A 6' variance to allow a side yard setback of 4' on Lot 15, • A l' variance t a llow • f • s on • • South P arkview 3r Addition. •• �• • • • be • accommodate a structure on Lots 15 and cnsistent • ,, • r • constructed South ' Add , su hardship ti • • 1,'' i 1 • • h ' •, • Y 1 1 1 • • nfigurafion o the C PI P / •..1 •' • • • • 1 contains 1 ,•. 7 • • il:' !J 11.1 1 : • ; J • 1 �',. •',.. Criteri 1 . str il. the ord prov wou 1 cause undue hardship because o cimu mstances 1' the i nd i v i dua l propert under I I 1: i I I U ndue hardsh I I '1 t he f o l low i ng : 1.E. The problems extend beyond economic considerations. Economic considerations do not constitute an undue hardship if reasonable use for the p under the terms of e ordinance. Criterion 2 It has been demonstrated 1: var r equested be I k eeping w the sp and intent o f this C Criteri Crit erion Con ditions to be imposed b th . Board of Ad : and Appeal w i nsure 1 11 1 ;: I 1 protect the adjacent properties. Criterion 5 Variances in th flood plain overlay zone also shaff meet the following criteria: ...... ALTERNATIVE 1. Direct staff to prepare a resoltiton, approving the variance with findings as Proposed bY the Board 2. I)irect i • prepare a resolution sac m• the variance f findings as proposed 'tiy Board 3. C ont i nue the Public Hearing for additional • .err; 4. Table the decision for additional information. �i •� i :.• �• r ay a, - Board determinati �r • ♦•• art ��ri •x Proposed Setback Variances 1• 1/' ffimffift�� Ad W E S 00b0AUMYr=aSN=nm S v ^ lz ' ` _ \ � ` ' -_-_---_-- ... _.~ Michael Leek From: Julie Klima Sent: Friday, October 06, 2000 10:54 AM To: Michael Leek Subject: Clete Link Variance Criteria No. 1.A - property can be put to a reasonable use (negative finding) Motion passed 6 -1 Houser in the negative Criteria No. 1.6 - circumstances not unique to the property (negative finding) Motion passed unanimously Criteria No. 1.0 - circumstances were created by the landowner (negative finding) Motion passed 6 -1 Houser in the negative Criteria No. 1.D - would not alter the charachter of the locality (positive finding) Motion passed unanimously Criteria No. 1.E - is for economic reasons (negative finding) Motion passed unanimously Criteria No. 2 - positive finding. Motion passed 4 -3 Criteria No. 3 - not a use variance Criteria No. 4 - no conditions imposed Criteria No. 5 - Not in floodplain Specific variances requested: 1 foot side yard variance on Lot 15 2 foot rear yard variance on Lot 15 Additional 3.5 foot variance over the variance granted with the plat on Lot 16 Let me know if you have any other questions. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for CSAH 17, from T.H. 169 to St. Francis Avenue, Project No. 1999 -7 DATE: October 17, 2000 a 1 - [I7►A Attached is Resolution No. 5428, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for CSAH 17, from T.H. 169 to St. Francis Avenue, Project No. 1999 -7. On April 18, 2000, the City Council approved Resolution No. 5342, awarding the contract to S.M. Hentges & Sons, Inc. of Shakopee, Minnesota for $1,365,607.27 for CSAH 17 and Vierling Drive improvements. The low bid for the CSAH 17 portion of the project was $1,063,198.41. The improvements have been essentially completed and final cost projection for CSAH 17 improvements of the total construction costs for this project at $1,042,079.30. Costs associated with administration and engineering for the project totaled $205,919.49. The total project cost is $1,247,998.79. The attached resolution shows how these costs are being paid and the total cost to be assessed. This project was a joint venture between the City, Scott County and commercial properties developing along CSAH 17. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $1,094,491.00. With this project, staff did receive petitions from the commercial properties along CSAH 17 and north of 17 Avenue. Betaseed, Inc. also did sign a petition to be assessed for the right turn lane into their business. The only property that did not sign a petition is St. Francis Regional Medical Center. Previously, the City and County did enter into a Cooperative Agreement for this project and costs have been determined based on this agreement. From the feasibility report to the bid award and the final project completion, the cost breakdown for the City, County and assessments is as follows: City Coun Assessments Total Feasibility Report $153,075.00 $164,322.00 $777,094.00 $1,094,491.00 Bid Award $220,542.00 $211,972.00 $896,484.00 $1,328,998.00 Project Completion $204,550.42 $214,359.65 $829,088.72 $1,247,998.79 The City's portion of the project is to be paid with State Aid Funds or Capital Improvement Funds. Previously, the agreement with the County was for advanced funding in which the City would be reimbursed at least five years from now. The County did move the funding for this project for this year, thus the City will be reimbursed sooner. 1. Adopt Resolution No. 5428. 2. Deny Resolution No. 5428. 3. Table for additional information from staff. �. Staff recommends Alternative No. 1. ' voil Offer Resolution No. 5428, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue, Project No. 1999 -7 and move its adoption. ruce Loney Public Works Director BL /pmp MEM5428 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For County State Aid Highway 17, From Trunk Highway 169 To St. Francis Avenue Project No. 1999 -7 WHEREAS, a contract has been let for the improvement of County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue by street, storm sewer, concrete curb and gutter and all other appurtenant work and the contract price for such improvements was $1,063,198.41 and the final contract price for such improvement is $1,042,079.30, and the expenses incurred or to be incurred in the making of such improvements amounts to $205,919.49, so that the total cost of the improvements will be $1,247,998.79. Of this cost the City of Shakopee will pay $204,550.42 as its share of the cost and Scott County will pay $214,359.65 as its share of the cost. THEREFORE, 'E CITY OF SHAKOPEE, MEiNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $829,088.72. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof W 1. That a hearing shall be held on the 21st day of November, 2000, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 7 2000. ATTEST: Mayor of the City of Shakopee City Clerk CSAH 171 VIERLING D' REVISED 101131 CSAH 17 Construction Cost: $ 1,042,079.30 Indirect Cost: Professional Services $ 180,896.75 Additional Prof. Services Construction Costs $ 1,042,079.30 Construction Cost: WSg $ 5,000.00 City $ 1,000.00 Supplies $ - Telephone $ 325.00 Printing /Publishing $ 675.78 Interest 3,000.00 Supplies thur 9/30/00 $ 18,021.96 10/1 - 11/30/00 $ - Total Indirect Costs: $ 205,919.49 V ierling Drive City Cost (1) County Cost (2) Assessable Cost Construction Costs $ 1,042,079.30 Construction Cost: $ 294,940.26 Indirect Cost: $ 63,754.46 $ 5,365.60 Professional Services $ 39,387.97 Additional Prof. Services $ 829,088.72 $ - WSg $ 22,000.00 City $ 3,000.00 Supplies $ 15.96 Telephone $ - Printing /Publishing $ 546.38 Interest (1) - City Costs Include: 50% of Overlay Cost, thur 9/30/00 $ 9,755.34 10/1 - 11/30/00 $ - Total Indirect Costs: $ 74,705.65 CSAH 17 Total Cost City Cost (1) County Cost (2) Assessable Cost Construction Costs $ 1,042,079.30 $ 140,795.96 $ 208,994.05 $ 692,289.29 Indirect Costs $ 205,919.49 $ 63,754.46 $ 5,365.60 $ 136,799.43 Total Costs $1,247,998.79 $ 204,550.42 $ 214,359.65 $ 829,088.72 (1) - City Costs Include: 100% Path, 50% Signal, 50% Storm Sewer, Cities % of Indirect Cost and County % of Indirect Cost less 8% of Signal Cost for Design. (2) - County Costs Include: 50% Signal, 50% Curb & Gutter (non - median), 50% Storm Sewer, 100% Wear Course, 8% for Signal Design Costs. Total Cost City Cost (1) County Cost Assessable Cost Construction Costs $ 294,940.26 $ 32,251.09 $ - $ 262,689.17 Gas Main Lowering $ 100,000.00 $ 35,000.00 $ - $ 65,000.00 Indirect Costs $ 74,705.65 $ 81168. $ - $ 66,536.75 Total Costs $ 469,645.91 $ 75,419.99 $ - $ 394,225.92 (1) - City Costs Include: 50% of Overlay Cost, 100% of Revised Signal System, Cities % of Indirect Cost . . CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from CSAH 17 to Miller Street, Project No. 1999 -5 DATE: October 17, 2000 Attached is Resolution No. 5429, declaring the cost to be assessed, ordering the preparation of proposed assessments and setting a public hearing date for Vierling Drive, from CSAH 17 to Miller Street, Project No. 1999 -5. The City Council ordered the preparation of plans and specifications by Resolution No. 5320 on February 29, 2000 for the above referenced project. On April 18, 2000, the City Council approved Resolution No. 5342, awarding the contract to S.M. Hentges & Sons, Inc. of Shakopee, Minnesota for $1,365,607.27. The low bid amount for the Vierling Drive Proi ect was $302,408.86. The improvements have been essentially completed and final cost projection with the total construction costs for this project is at $294,940.26. Costs associated with administration, engineering and gas main relocation for the project totaled $174,705.65. The attached resolution shows how these costs are being paid and the total cost to be assessed. The total project cost including gas main relocation is $469,645.91. The feasibility report estimate for this project, including 10% contingency, and 25% indirect costs was estimated at $237,912.00. Previously, a memo from WSB & Associates, Inc. explained the higher cost for the project being and an under estimate of project quantities, additional items encountered during design and higher bid prices. From the feasibility report to the bid award and the the project completion, the cost breakdown is as follows: City Assessments Total Feasibility Report $20,932.00 $216,980.00 $237,912.00 Bid Award $23,170.00 $384,841.00 $408,011.00 Project Completion $75,419.99 $394,225.92 $469,645.91 The City cost and assessments have increased from the bid award to final project completion due to the following: 1. Gas main relocation cost of $100,00.00 from an estimate of $30,000.00 2. Revised signal system cost at Marschall Road due to alignment change. With this project, in order to construct the additional left and right turn lane on the south side of Vierling Drive, two major transmission gasmains needed to be relocated. Initially the cost was estimated at $30,000.00, however, the cost projection at this time is approximately $100,000.00. The City had agreed to pay up to $35,000.00 of gas main relocation costs with the remainder to be included as a project cost. On the second item, staff is recommending that the City pay for the revised signal system, as one signal pole needed to be relocated due to an alignment change of Vierling Drive. The relocation of the pole was not included in the feasibility report and was required in order to avoid right -of -way acquisition from residential properties. The cost of the revised signal system is approximately $30,000.00. The City will use State Aid Funds or Capital Improvement Funds to pay for the City costs associated with this project. 1. Adopt Resolution No. 5429. 2. Deny Resolution No. 5429. 3. Table for additional information from staff. 07--ra N In Staff recommends Alternative No. 1. I Offer Resolution No. 5429, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999 -5 and move its adoption. ruce Loney Public Wor 'irector BL /pmp MEM5429 WHEREAS, a contract has been let for the improvement of Vierling Drive, from County State Aid Highway 17 to Miller Street by street, storm sewer, concrete curb and gutter and all other appurtenant work and the contract price for such improvements was $302,408.86 and the final contract price for such improvement is $294,940.26, and the expenses incurred or to be incurred in the making of such improvements amounts to $174,705.65, so that the total cost of the improvements will be $469,645.91. Of this cost the City of Shakopee will pay $75,419.99 as its share of the cost. THEREFORE, 1 BY TIRE CITY COUNCIL OF THE CITY OF SHAKOPEE, MENNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $394,225.92. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof . 1 1. That a hearing shall be held on the 21st day of November, 2000, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee City Clerk COST BREAKDOWN TEVISED 00 CSAH 17 Construction Cost: $ 1,042,079.30 Indirect Cost: Professional Services $ 180,896.75 Additional Prof. Services Construction Costs $ 1,042,079.30 Construction Cost: WSB $ 5,000.00 City $ 1,000.00 Supplies $ - Telephone $ 325.00 Printing /Publishing $ 675.78 Interest 3,000.00 Supplies thur 9/30/00 $ 18,021.96 10/1 - 11/30/00 $ - Total Indirect Costs: $ 205,919.49 Vierling Drive City Cost (1) County Cost (2) Assessable Cost Construction Costs $ 1,042,079.30 Construction Cost: $ 294,940.26 Indirect Cost: $ 63,754.46 $ 5,365.60 Professional Services $ 39,387.97 Additional Prof. Services $ 829,088.72 $ 35,000.00 WSB $ 22,000.00 City $ 3,000.00 Supplies $ 15.96 Telephone $ - Printing /Publishing $ 546.38 Interest 394,225.92 thur 9/30100 $ 9,755.34 10/1 - 11/30/00 $ - Total Indirect Costs: $ 74,705.65 IM-1 W Total Cost City Cost (1) County Cost (2) Assessable Cost Construction Costs $ 1,042,079.30 $ 140,795.96 $ 208,994.05 $ 692,289.29 Indirect Costs $ 205,919.49 $ 63,754.46 $ 5,365.60 $ 136,799.43 Total Costs $1,247,998.79 $ 204,550.42 $ 214,359.65 $ 829,088.72 (1) - City Costs Include: 100% Path, 50% Signal, 50% Storm Sewer, Cities % of Indirect Cost and County % of Indirect Cost less 8% of Signal Cost for Design. (2) - County Costs Include: 50% Signal, 50% Curb & Gutter (non- median), 50% Storm Sewer, 100% Wear Course, 8% for Signal Design Costs. Vierling Drive (1) - City Costs Include: 50% of Overlay Cost, 100% of Revised Signal System, Cities % of Indirect Cost Total Cost City Cost (1) County Cost Assessable Cost Construction Costs $ 294,940.26 $ 32,251.09 $ - $ 262,689.17 Gas Main Lowering $ 100,000.00 $ 35,000.00 $ - $ 65,000.00 Indirect Costs $ 74,705.65 $ 8,168.90 $ - $ 66,536.75 Total Costs $ 469,645.91 $ 75,419.99 $ - $ 394,225.92 (1) - City Costs Include: 50% of Overlay Cost, 100% of Revised Signal System, Cities % of Indirect Cost CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Request of State Mechanical, Inc. Regarding Hourly Restrictions on Construction Activities — ADC Telecommunications DATE: October 17, 2000 aafl . �� By letter dated October 9, 2000, State Mechanical, Inc., the contractor for ADC Telecommunications, has requested that City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, be suspended for Saturday and Sunday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. State Mechanical, Inc. is requesting a suspension on the hours as follows: Saturdays & Sundays 7:00 A.M. to 7:00 P.M. until winter freeze up. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and Sunday in order to meet the completion schedule of ADC Telecommunications. In review of this request, the contractor would not be impacting any residential neighborhoods. Typically staff would allow an earlier start for Saturday but not on both weekend days. Staff believes there is sufficient working time available Monday through Saturday and that an earlier start time is not necessary for Sunday. Staff is recommending a suspension be granted on the hours as follows: Saturdays 7:00 A.M. to 7:00 P.M. until winter freeze up. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If residential complaints are received by the City, the suspension can be revoked at the discretion of the City Engineer. 3. Blasting activities, if any, must be done from 5:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice to meet the City Code requirements and notice such as a news release would be placed in the Shakopee Valley News. Staff believes by allowing this suspension of work hours, the projects can be done sooner than the length of construction description and inconvenience is minimized. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Saturdays only as requested by State Mechanical, Inc., as per their letter dated October 9, 2000, and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. 1 Staff recommends Alternative No. 1. Offer a motion approving a suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for Saturdays only as requested by State Mechanical, Inc., as per their letter dated October 9, 2000 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. BL /pmp RESTRICT HT -H -H (LION) H:N STATE ME MICAL fNC ry .. 5050 W. 220th St. e Farmington, MN 55024 -9625 PHON (651) 463-132 ctober 9, 2000 FAX (651 ) 463- ity of Shakopee ?9 Holmes Street South hakopee, MN 55379 ttn: Bruce Loney Director of Public Works Dear Sir: We are asking that you would bring our letter of request to the Shakopee City Council, so that they may consider our request to extend our site utility installation hours at the ADC Telecommunications job site located on Broad- band Avenue. We are requesting that our approved working time will include Saturday and Sunday from 7:00 AM. to 7:00 P.M. The change in working hours is necessary due to the amount of installation that is necessary prior to winter freeze up. Thank you for your consideration in this matter. Yours truly: Mary W. Heintz MWH� PLUMBING HEATING COOLING SITE UTILITIES Emerging Small eueiness Contractor Equal Opportunity Contractor CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Layne Otteson, Engineering Tech. III SUBJECT: Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West Project No. 1998 -3 DATE: October 17, 2000 ffiff 1 ; ! Council action is required for a resolution accepting work and making final payment on Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West, Project No. 1998- 3. All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of $257,528.44 and the actual final costs of $267,917.00 for this project. U DO N N 1 Offer Resolution No. 5430, A Resolution Accepting Work on Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West, Project No. 1998 -3 and move its adoption. Layn Otteson Engineering Tech. III LO /pmp MEM5430 A Resolution Accepting Work On Vierling Drive, oi Fuller Street To The West Plat Boundary Line Of Orchard Park West Project No. 99 WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 19, 1999, S.M. Hentges & Sons, Inc. has satisfactorily completed Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West, in accordance with such contract. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of 513,395.85, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of Mayor of the City of Shakopee I ISM , 2000. City Clerk CONTRACT NO.: CERTIFICATE OF COMPLETION 1998 -3 DATE: October 12, 2000 PROJECT DESCRIPTION: Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West CONTRACTOR: S.M. Hentges & sons, Inc. P.O. Box 69 Jordan, NN 55352 ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . $ 257,528.44 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ 8,788.56 CHANGE ORDER NO. 1 THRU NO. 2 AMOUNT . . . $ 1,600-00 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 267,917.00 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 254,521.15 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 13,395.85 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Wineer O J o a C1fY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Layne Otteson, Engineering Tech. III SUBJECT: Sarazin Street, from St. Francis Avenue to 800 Feet South Project No. 1999 -3 DATE: October 17, 2000 E ) Council action is required for a resolution accepting work and making final payment on Sarazin Street, from St. Francis Avenue to 800 Feet South, Project No. 1999 -3. All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of $125,480.04 and the actual final costs of $120,921.64 for this project. N OLIN V 01 Offer Resolution No. 5431, A Resolution Accepting Work on Sarazin Street, from St. Francis Avenue to 800 Feet South, Project No. 1999 -3 apd m e its adoption. Layne Otteson Engineering Tech. III LO /pmp MEM5431 A Resolution Accepting Work On Sarazin Street, From St. Francis Avenue To 800 Feet South Project No. 1999 -3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 19, 1999, S.M. Hentges & Sons, Inc. has satisfactorily completed Sarazin Street, from St. Francis Avenue to 800 feet south, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $6,046.90, taking the contractor's receipt in full. Adopted in Shakopee, Minnesota, held this day of session of the City Council of the City of 2000. Mayor of the City of Shakopee ATTEST: City Clerk 1999 -3 DATE: October 12, 2000 PROJECT DESCRIPTION: Sarazin Street, from St. Francis Avenue to 800 Feet South CONTRACTOR: S.M..Hentges & Sons, Inc. P.O. Box 69 Jordan, MN 55352 ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . $ 125,480.04 QUANTITY CHANGE AMOUNT . . . . . . . . . . . . . $ ( 8,550.40) CHANGE ORDER NO, 1 THRU NO. 2 AMOUNT . . . $ 3,992.00 FINAL CONTRACT AMOUNT . . . . . . . . . . . . . . $ 120,921.64 LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . $ 11 4,874.74 FINAL PAYMENT . . . . . . . . . . . . . . . . . . $ 6,046.90 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the some has been fully completed in all respects according to the contract, together with any modifications approved by City Council. I, therefore, recommend above specified final payment be made to the above named Contractor. Professional En eer CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 10 Avenue & Marschall Road Traffic Analysis DATE: October 17, 2000 . ,t M �> A concern from Councilor Morke was expressed on the traffic at the intersection of 10 Avenue and Marschall Road and a request to discuss this item at a Council meeting. Previously a letter was sent to Brad Larson, Scott County Highway Engineer, for consideration of a split phase traffic control signal timing in order to provide safer left turn movement on Marschall Road at the intersections of 10 Avenue, Gorman Street and 4 Avenue. The County is reviewing this request and is having one of their consultants review the traffic counts in this area and make a recommendation on whether or not split phase signal timing will work. Per Brian Sorenson, Scott County Traffic Engineer, this work is under way by SEH, Inc., and the evaluation analysis of the traffic control signal and split phase timing will be reviewed and a report issued at a later date. A split phase signal will operate in a way to allow green time separately for northbound CSAH 17 traffic and southbound CSAH 17 traffic. 10 Avenue traffic would still have green time for the eastbound and westbound legs of 10 Avenue at the same time. Discuss and provide staff direction as desired. Bruce Loney Public Works Director BL /pmp TRAFFIC IsD -� CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Bids for Trunk Watermain Extension from Southbridge Parkway to Stagecoach Road, Project Number 2000 -5 DATE: October 17, 2000 The bids for Project 2000 -5 were opened on October 17, 2000. The purpose of this item is to consider awarding the contract for the project to the apparent low bidder. Attached is Resolution No. 5432 for City Council consideration. The bids for these projects were opened on October 17, 2000. The following is a summary of the bids received: Richard Knutson, Inc. Latour Construction, Inc. S.M. Hentges & Sons, Inc. Ryan Contracting, Inc. Barbarossa & Sons, Inc. Municipal Contracting, Inc. Heselton Construction, Inc. $328,471.05 $357,363.40 $359,081.83 $362,914.50 $372,883.00 $424,632.70 $468,804.25 After checking the references for the low bidder, Richard Knutson, Inc., staff is recommending awarding the contract for this project to them. Staff is also requesting authorization to execute a consultant contract with WSB & Associates, to provide construction surveying services with this project. Staff is requesting Council to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. The purpose for this contingency is in case there is more rock excavation required for the project. The City did perform soil borings, and these soil borings did not identify any rock along the project alignment. However, based on other projects in the vicinity of the project, some rock excavation is expected. Because the existence and extent of the rock is so unpredictable, it is possible more rock excavation will be required than expected. The feasibility report and engineer's estimate was $400,000.00, so even with the 10% contingency, the total construction cost will be lower than the original estimates for the proj ect. ALTERNATIVES: 1. Adopt Resolution No. 5432. 2. Deny Resolution No. 5432. 3. Table this item. �. f Staff recommends Alternative No. 1. 1 Offer Resolution No. 5432, A Resolution Accepting Bids for the Trunk Watermain Extension, from Southbridge Parkway to Stagecoach Road, Project Number 2000 -5, and move its adoption. 2. Move to authorize the appropriate City officials to execute an extension agreement with WSB & Associates to provide construction surveying services for the City of Shakopee. 3. Move to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. X 1--1 Rutherford Assistant City Engineer I U' t ' Richard Knutson, Inc. $328,471.05 Latour Construction, Inc. $357,363.40 S.M. Hentges & Sons, Inc. $359,081.83 Ryan Contracting, Inc. $362,914.50 Barbarossa & Sons, Inc. $372,883.00 Municipal Contracting, Inc. $424,632.70 Heselton Construction, Inc. $468,804.25 AND AS, it appears that Richard Knutson, Inc., 12585 Rhode Island Avenue S., Savage, MN 55378 is the lowest responsible bidder. THEREFORE, 1. HE CITY COUNCIL THE CITY OF SHAKOPEE, NUNNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Richard Knutson, Inc. in the name of the City of Shakopee for the Trunk Watermain Extension, from Southbridge Parkway to Stagecoach Road, Project No. 2000 -5, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1111 Mayor of the City of Shakopee I City Clerk CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Acceptance of Resignation - Officer Ronald C. Carlson DATE: October 10, 2000 .f1 Council is asked to accept the resignation of Police Officer Ronald C. Carlson, effective October 22, 2000, and authorize the Police Department to fill the vacant position created by the resignation. Attached is a letter of resignation from Officer Ronald C. Carlson. Officer Carlson began his employment with the City of Shakopee on February 2, 1977. Officer Carlson has diligently served the City and its residents very well during his close to 24 years of service. As Officer Carlson is unable to attend the October 17 Council meeting, the opportunity to formally recognize him for his years of service will be brought to Council in November. 1. Staff recommends that Officer Carlson's resignation be accepted with regret. 1► :; 1 1 `11111 If Council concurs, it should by motion, accept the resignation of Ronald C. Carlson, effective October 22, 2000, and authorize staff to fill the vacant police officer position created by the resignation. October 9, 2000 Chief Dan Hughes, Giving the required 14 -day notice, effective October 22" d I will be leaving the Shakopee Police Department. I would like to extend my sincere appreciation for the years I have been employed in Shakopee. Sincerely, (IC� Ron Carlson CITE' OF SHAKOPE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Off Sale Intoxicating Liquor License Twin Cities Stores, Inc. DATE: October 12, 2000 INTRO DUCTION: ® F. City Council is asked to consider an application of Twin Cities Stores for an off sale intoxicating liquor license. BACKGROUND: Twin Cities Stores, Inc., dba Oasis Market, currently has an off sale non - intoxicating malt liquor license at 1147 Canterbury Road. They are proposing to convert the existing convenience store /gas station into an exclusive off sale liquor store. Originally, they had hoped to make the conversion from a convenience store /gas station to an off sale liquor store this Fall. They have now pushed that out to the Spring of 2001. They have been advised that building permits may be required for the conversion and that the liquor license will be approved contingent upon all conditions of a permit being met. The application and evidence of insurance are in order. The Police Department has conducted the background investigation. The investigation has produced nothing that would preclude the license from being granted. RECOMMENDED A CTION: Approve the application and grant an off sale intoxicating liquor license to Twin Cities Stores, Inc., 1147 Canterbury Road, contingent upon all conditions of a building permit being met. �i r L) JSC /jms I: Jeanette/Liquor /twincities / 57- F CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Applications for Off Sale Non - Intoxicating Malt Liquor License and Tobacco License — Holiday Stationstores, Inc. DATE: October 11, 2000 IN TRODUCTION: C City Council is asked to consider applications for an off sale non - intoxicating malt liquor license and a tobacco license from Holiday Stationstores, Inc. BACKGROUND: Holiday Stationstores, Inc. has submitted an application for an off sale non - intoxicating malt liquor license and a tobacco license for their new store at 1381 Greenwood Court. The customary background investigation has been conducted. It provided nothing in the applicant's background to preclude the licenses from being granted. The applications and insurance requirements are in order. The required inspection of the premises will be conducted by the Building Department. The licenses will not be released until the Certificate of Occupancy is issued. • 1 I .' M Approve the application and grant an off sale non - intoxicating malt liquor license to Holiday Stationstores, Inc. dba Holiday Stationstore #250, 1381 Greenwood Court, conditioned upon the issuance of a Certificate of Occupancy from the Building Department. 2. Approve the application and grant a tobacco license to Holiday Stationstores, Inc., dba Holiday Stationstore #250, 1381 Greenwood Court, conditioned upon the issuance of a Certificate of Occupancy from the Building Department. JSC /j s Niquor /memobeer CITY OF SHAKOPEE Momnrnndum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: St. Gertrude's Health Center Bonds DATE: October 11, 2000 CONSENT The Council is asked to authorize the issuance and sale of approximately, depending on market factors $6.19 million in Health Care Facility Refunding Revenue Bonds for the benefit of St. Gertrude's Health Center. I., _ — ' 1 In July, the City Council responded to a request from Benedictine Health that the City act as a conduit for the refunding of the existing for -profit bonds that had financed the original construction of St. Gertrude's Health Center. By issuing these bonds, St. Gertrude's will be able to improve its cash flow by reducing its overall costs (based on the reduced amount of interest reflected in non - profit bonds), and also take care of the interim financing costs of an addition, which was completed recently. A public hearing was held by the City Council on August 15"', following which the Council authorized the issuance up to $6.5 million in these bonds. Since then, the principal amount of the bonds has been reduced to $6.19 million. Activity to place the bonds has subsequently taken place. The City should now approve the sale. The documents for this are available for review in the City Clerk's office; because of their volume, individual copies were not made. HIT There is no cost to the City. The owner of St. Gertrude's is responsible for all costs. I recommend that the Council ratify the authorization of the issuance, sale, and delivery of Health Care Facilities Refunding Bonds for St. Gertrude's. F,'TQvC1WNff1 1� If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO 5427 A RESOLUTION OF THE CITY COUNCIL OF THE CITY SHAKOPEE, MINNESOTA RATIFYING THE AUTHORIZATION FOR THE ISSUANCE, SALE, AND DELIVERY OF IT S HEALTH CARE FACILITIES REFUNDING REVENUE BONDS (ST. GERTRUDE'S HEALTH CENTER PROJECT), SERIES 2000, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO THE INDENTURE; APPROVING THE FORM OF AN AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND THE RELATED DOCUMENTS; AND PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS Mark McNeill City Administrator MM:th 1 Resolution No. 5396 have been amended in certain material respects, and additional documents have been proposed to be executed and delivered to secure the payment of the principal of and interest on the Bonds; and WHEREAS, in light of the changes to the Bonds and the related financing transaction, it is appropriate that the City Council of the City ratify the previous actions taken with respect to the Bonds, approve the Bond Documents and other documents in their current amended form, and authorize the execution and delivery of the Bonds and the Bond is substantially` in the forms on file with the City as of the date of consideration of this resolution by the City Co THEREFORE, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds and the other actions of the City under the Indenture, the Loan Agreement, and this resolution constitute a public purpose and are in the best interests of the City. 2. There is hereby authorized the issuance, sale and delivery of the Bonds in the principal amount of $6,190,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall b subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in the form now on file with the City, with the amendments referenced herein. All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and additions as do not materially change the substance thereof, or as the Mayor and the 2 8. All covenants, stipulations, obligations and agre=ents of the City contained in this resolution and the aforementioned documents s hall be deemed to be the covenants, stipulations, obligations El Adopted in adjourned regular session of the City Council of the City of Shakopee, Mimesota, held this 17th day of October, 2000. Mayor of the City of Shakopee City Clerk sx155- 091(JU) 187249v.2 RESOLUTION NO. 5425 COUNCIL MEETING DATE Y CONSENT WHEREAS, the Shakopee City code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS, the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the November 7, 2000 regularly scheduled City Council meeting be changed to November 6, 2000, at 7:00 PM. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of -2000. Mayor of the City of Shakopee ATTEST: City Clerk N I W.M., R. 0 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Appraisal/Offer — Gorman Street Properly DATE: October 11, 2000 The Council is asked to review the appraisal amount, and direct staff to make an offer to purchase on a 4.39 acre parcel of land located across Gorman Street from the Police Department/Public Works building. As part of the discussion on City facilities, staff was directed to take the steps necessary to purchase parcels of land for future City buildings. One of these was the Wampach property, for which an offer was authorized at the October 3 rd City Council meeting. The second property is a 4.39 acre (191,228 sq. ft.) piece of property located east of Gorman Street, across from the Public Works/Police building. It is anticipated that this would be a future Police building location; it would be likely that Public Works would expand into the existing Police portion of the current building. The land is currently vacant, and is zoned B -1, Highway Business zone. It is actually two parcels, which are separately owned by Philip Bifulk and Century Plaza Partnership. As is standard practice when the City seeks to acquire land, an appraisal is performed to determine a market value, and will serve as the basis of an offer. An appraisal was performed. As shown on the attached pages, the appraiser has determined a value of $420,000. The land is currently listed for sale through a realtor, with an asking price of $489,000. In addition, there are $123,831.36 in estimated assessments which will be pending as a result of the Gorman Street project. 11 a x A The land and assessments are recommended to be paid for through the Building Fund. I recommend that the Council accept the appraisal report, and direct staff to submit an offer to purchase based on the appraised value. If the Council concurs, it should, by motion, direct staff to submit an offer to purchase the above listed properly in the amount of $420,000. Mark McNeill City Administrator MM:th Patchin Messner Appraisals, Inc. Valuation Consu ltants (952) 895 -1205 FAX (952) 895 -1521 September 29, 2000 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ATTN: Mr. Mark McNeill RE: Limited Appraisal, Summary Report Vacant Land Gorman Street, 330 Feet South of 4th Avenue Shakopee, Minnesota Dear Mr. McNeill: At your request, we have made a limited appraisal of the above captioned property for the purpose of estimating its fee simple market value. The function of this appraisal is to provide valuation guidance for possible acquisition of the subject property. This limited appraisal has been set forth in a summary reporting format. This report is limited in both the scope of data researched and the depth of analysis. An analysis of far greater depth would have to be performed before a complete appraisal could be rendered on this property. As a summary report the data, analysis and conclusions will be only briefly summarized. In this report, we have invoked the Departure Rule of Uniform Standards of Professional Appraisal Practice (USPAP). In broad terms, we have departed as follows: ® The scope of research and depth of analysis are not sufficient to be considered a complete appraisal of this property. Based upon the inspection of the property and consideration of the many factors influencing market value, it is our opinion that the subject's most probable market value, as of September 26, 2000 is $420,000. FOUR HUNDRED TWENTY THOUSAND DOLLARS TWIN CITIES OFFICE: ROCHESTER OFFICE: Skyline Square Building, Suite 220 (507) 252 -1615 12940 Harriet Avenue South P.O. Box 7343 Burnsville, MN 55337 Rochester. MN 55903 The above value estimate assumes that unpaid special assessments (levied and /or pending) are paid in full by the seller. It should be noted that this letter does not .qualify as an appraisal, and that the reader is directed to the following report for the data, analysis and conclusions that support this value estimate. This summary report has been made in conformity with accepted professional, ethical and performance standards of real estate appraisal practice. The "Contingent and Limiting Conditions" section of this report should be thoroughly read and understood before relying on any information or analysis presented herein. If you have any questions or comments after reading the appraisal, please contact the firm. The undersigned appraiser certifies that he has investigated information believed to be pertinent to the valuation of the property and to the best of his knowledge and belief, the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. Certified to this 29th day of September, 2000 PATCHIN MESSNER APPRAISALS, INC. Ja on L. Messner, MAI Minnesota Certified General License #4000836 Patchin Messner Appraisals, Inc. 20064 SUMMARY OF SALIENT FACTS AND CONCLUSIONS Fee Owner: Location: Date of Appraisal: Date of Inspection: Property Appraised: Property Rights Appraised Zoning: Site Area: Highest & Best Use Value Conclusion: PID #27- 090002 -0: Philip Bifulk PID #27- 906032 -0: Century Plaza Partnership Gorman Street 330 Feet South of 4th Avenue Shakopee, Minnesota September 26, 2000 September 26, 2000 Vacant Land Fee Simple Market Value B -1, Highway Business Zone 4.39 Acres, or 191,228 SF (Based on data provided by client.) High Density Residential Development consistent with the Comprehensive Guide Plan. $420,000 iv Patchin Messner Appraisals, Inc. Valuation Consultants V111 I SUBJECT ZONING MAP 1 20064 SITE DESCRIPTION Size: 4.39 Acres, or 191,228 SF Shape: Rectangular on the north and east; the southwesterly side curves with the alignment of Gorman Street. Terrain: Generally street grade and level; mostly open except for a small stand of trees in the center of the property. Soil Conditions: Appears to be stable, this area of Shakopee is known to have shallow bedrock. Reportedly, bedrock is near the surface to 3 feet below grade. Utilities: Public sewer and water available. Easements: No information on easements were provided, we recommend that a full examination of title issues be conducted. Frontage: The site has approximately 915.59 LF of frontage along Gorman Street; thereby providing multiple access points for development of the subject. Remarks: Due to bedrock conditions in the area, development of the site will require fill of any building footprint or blasting of the bedrock for placement of footings/ foundations and utilities. III Patchin Messner Appraisals, Inc. Valuation Consultants TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Collection of Delinquent Refuse Charges DATE: October 11, 2000 I 11 1 The Council is asked to consider an ordinance that would allow the City to assess delinquent costs for refuse and recycling services. 1 1 Since 1998, billing for garbage /recycling services has been done by WMI. Prior to the renewal of the last contract, fees for garbage services were billed by SPUC, along with water and electric rates. Since WMI has taken over, there have been a number of people who are delinquent in their accounts with some customers being up to $500 in arrears. Waste Management has provided staff with a list of delinquent accounts, of which there are approximately 250. Of that, they would like to concentrate on those who owe more than $100, of which we estimate there are 150 at this time. The contract with Waste Management specifies that the City will not be involved in the collection of bad debt. As such, Waste Management is technically on its own. They have built in $1.18 per account per month to accommodate this bad debt. Their process at this time has been to send warning letters, and then turn it over to a collection agency. The ultimate tool that they have — that of denying service to accounts that are delinquent — is something that the City does not want to see used, as it is contrary to State law, when all residences must have at least recycling pickup. (From a practical standpoint, it maybe what several of these accounts want (not having Waste Management as a hauler), and encourages the possible illegal disposal of waste.) 1 1 Therefore, there is a benefit to the City by making certain that Waste Management, or any garbage hauler who should serve the City, have the ability to make certain that accounts are current. It was not a problem with SPUC, who treated it as another utility, and could shut off services. Garbage haulers do not have that same weapon. In talking with the City Attorney, if the City adopts an ordinance based on MSA 443.015, the City can assess the delinquent costs for refuse and recycling collection. In order to cover the City costs, a 10% penalty can be added. In the case of this particular contract, as Waste Management has built in an amount which all customers are paying as a share of the bad debt, there should be some additional benefit to the City for being a participant. Therefore, we would negotiate with WMI that 25% of whatever collected will be remitted to the City, as an offset for additional staff time involved with this. (We anticipate that there will be many calls from customers pleading special circumstances as to why they have not paid). This will be a benefit to the future City contract hauler, in that bidders responding to the current RFP will not have to build in an amount for bad debt, which should benefit all customers covered under the City's organized system. Note that this would be applicable only to the designated City hauler; it is not intended to be utilized by haulers serving the open area of the City (rural service area). I' 1 1 1 • ;1 I recommend that the City adopt the attached ordinance, allowing the City to assess the delinquent costs for refuse and recycling collection based on the details listed above. 1 1 1 If the Council concurs, it should, by motion, pass the following ordinance: AN ORDINANCE AMENDING SECTION 3.15, SUBDIVISION 7 OF THE CITY CODE AND OBLIGATING PROPERTY OWNERS TO PAY CHARGES AND COSTS FOR THE COLLECTION AND DISPOSAL OF REFUSE AND RECYCLABLE MATERIALS Mark McNeill City Administrator u13VAM •' 1 • a g!am! ' AN ORDINANCE ! D t NG SECTION 3.15 SUBDIVISION OF C CITY C ODE AND OBLIGATING PROP OWNERS TO PAY CHAR • • COSTS FOR THE COLLECTION DISPO RECYCLABLE MATERIALS Section 1 — Section 3.15, Subdivision 7 of the City Code is amended to read as follows: Subd 7 Collection of Costs and Charges. F o r s; ^ ^I° f ami4y dwelliRgs "PIPVP� 1 p��s in —the, e 4GGyG1iRg S � a p a-e � �t } i City sh -1 � �r � lude a =etiee p ef— � t P j R per-sea, � e sa �� JJr 1Y1.]pRef a t ege h vgt the The owners of all property within the Refuse/Recycling Service Area must pay their proportionate cos and charges for the collection and disposal of refuse and recyclable materials. If a property own defaults in the payment of these costs and charges, the City Council may annually levy an assessm equal to such unpaid costs and charges as of September I" of each year against each lot or parcel of land for which such charges and costs remain unpaid. Such assessment may incl a penalty not to exceed 10% of the amount due and must bear interest at such amount as the Council determines, not to exceed 6% per annum The assessment shall be certified to the County Auditor and shall be collected and remitted to the City in the same manner as ass essments for local improvements. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held the day of 9 2000. Mayor of the City of Shakopee YN JJT- 187492v1 SH155 -23 7, City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Library Timeframe MEETING DATE: October 17, 2000 Introduction The City Council is asked to consider the recommended timeframe for a new library as presented by the Library Committee. Recommendation 1) Monday October 30, 2000 - City staff will present a RFP to hire an architect to the library committee for their review, suggestions and "acceptance." 2) November 6, 2000 - The RFP to hire an architect will be presented to City Council. 3) November 2000 - Will be used to discuss and evualate the criteria of an architect selection. 4) December 2000 - After narrowing the submitted RFD's, 3 -5 architects will be interviewed. 5) January 2, 2001 - The library committee will submit a recommendation to hire an architect to City Council. 6) January/February 2001 - Will be used to start the design phase with the architect. 7) February/March 2001 — Public meeting for the community to give feedback on the "type" of library needed/wanted for the City of Shakopee. 8) Fall 2001 - RFP for the construction and demoliation of the library. 9) Fall 2001- Move library into interim location —TBD. 10) Fall 2001 — Demoliation of current library. 11) Fall 2001- Begin construction of new library. 12) December 2002 — Open new library. Please note that until an architect is hired, construction and moving dates of the library are more difficult to determine due to 1) architect preference 2) construction season 3) budget constraints. Action Required Council is asked to review the timeframe of the library committee. Tr oe nen Management Assistant 1 1' YEI TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing — Archeological Study DATE: October 13, 2000 The Council is asked to authorize the City Administrator to negotiate a contract for an archeological review of the proposed OHEC site on Murphy's Landing. l i • 1 1 In July, Council authorized the City to enter into an agreement with GME Consultants for the review of the east end of the Murphy's Landing site, which contains a possible location for a building being proposed by the Outdoor Heritage Education Center. The GME review was for environmental issues, and a draft report has now been returned. The report indicates issues which are typical for the previous use in the area, and potentially some issues on the south side of CR 101. However, there is no environmental issue that would appear to preclude a structure being built on the site, assuming that normal safeguards are followed. One issue which was not addressed by GME, and should be before the site can be disturbed, would be a review of the location for Indian burial mounds. While the site in question has been graded for a parking lot, a review should be done of the area to be certain that no burial mounds will be disturbed. It does not appear that soil borings are needed at this time, at least for environmental reasons, as anticipated in the attached June 1" memo. rff w - IIRAN"1! � I am in the process of getting quotes, and anticipate a cost in the vicinity of $3000 to $5000. A budget amendment for several items in 2000 is being prepared for consideration at a future Council meeting, and payment for this would be part of that amendment. I recommend that Council authorize staff to negotiate a contract for an archeological review for the OHEC site at Murphy's Landing, for a cost not to exceed $5,000. If the Council concurs, it should, by motion, authorize staff to negotiate a contract for an archeological review of a specified location in the Murphy's Landing site, at a cost not to exceed $5,000, at a possible construction site for a building for OHEC. Vt, -- L� Mark McNeill City Administrator uli�M TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing/OHEC Costs DATE: June 1, 2000 1 Zt 11 o The Council is asked to authorize a Phase I environmental survey for the site being considered for construction of the Outdoor Heritage Education Center, on property leased from the City by Murphy's Landing. At a joint workshop held May 15"' between representatives of Murphy's Landing and the City Council, direction was given to staff to obtain prices for doing environmental and archeological investigations of a potential site for the construction of the Outdoor Heritage Education Center building at the east end of Murphy's Landing. Following that meeting, Mark LaBarbera of OHEC, Murphy's Landing Executive Director Dennis Kelly, and City staff met on the site to determine a potential location. Mr. LaBarbera is interested in a site of from 3 to 5 acres in size, with access to the Minnesota River. The preferred site would be the Murphy's Landing parking lot, plus a connection north to the Minnesota River. Indian burial mounds are common along the Minnesota River in the vicinity of Murphy's Landing. Also comments have been made that a town dump might have been located in the general vicinity many years ago. Because of this, a testing company has suggested that a "Phase I" environmental study be undertaken, in which an environmental geologist would review historic aerial photos of the area, and walk the site to determine if there is any apparent evidence of landfilled material existing in the preferred construction location. The cost to do the Phase I study would be $2,000 to $3,000. If the Phase I environmental study determines that it is unlikely that the site has contamination, other costs that would be incurred in order to determine the availability of the site for construction would include: 1. Boundary Survey - $2,800 to $3,800. This would also determine topographic elevations, so as not to construct in the Minnesota River Floodplain. 2. Archeological Review (Indian Burial Mounds) - $3,000 to $5,000 3. Soil Borings - $2,000 to $3,000 In other words, the second phase of this study could involve costs of approximately $10,000. u v - r - j4 TW 4 The costs are at this time proposed to come from City funds (which would come from the Mayor and Council line item for Professional Services). Murphy's Landing does not have this in their budget, and OHEC to my knowledge does not have monies collected as yet to go towards this project— more firm commitments need to be made before pledges are expected. I I I ;1 1 If the Council wishes to continue with the investigation of a site for OHEC, I recommend that it authorize a Phase I environmental study to be undertaken, at a cost of $2,000 to $3,000. If the Phase I environmental study determines no probable concern, Council would then be asked to authorize the other expenditures listed above at a future meeting. 1 1 I1 1 If the Council concurs, it should, by motion, authorize that a Phase I environmental study be done of the Murphy's Landing east end for a potential construction site for the Outdoor Heritage Education Center. Mark McNeill City Administrator MM:tw CC: Dennis Kelly Mark LaBarbera # I'' CITY OF SHAKOPEE TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Works Union Request DATE: October 11, 2000 Following the regular portion of the City Council meeting on October 17th there will be a need to go into closed session to discuss labor negations with the Public Works bargaining unit. Mark McNeill City Administrator MM:th