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HomeMy WebLinkAbout09/07/1999 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 7, 1999 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7.00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business-(All items noted by an* r emberse patofed to City rCutin. to After a discussion by the Mayor, there will be an opportunity ove items from the consent agenda for individual discussion. Those oitemsn he cconcern agenda willnconsidered in their normal sequence on the agenda. Those items remaining 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 r uge h the Cityum for the Clerk. As this meeting is cablecast, speakers must approach the microphone a of viewers and other attendees.) *7] Approval of Minutes of May 12,May 18, June 1 and August 19, 1999 *8] Approve Bills in the Amount of$326,463.49 9] Communications: 10] 7:00 P.M.Public Hearing on proposed improvements to CSAH 17 from S fr 169 to St . FAvee cis Avenue; 17th Avenue from CSAH 17 to Sarazin Street and Sarazin Street Avenue to the north plat line of Brittany Village,Project No. 1999-7 - Res.No. 5217 11] Liaison Reports from Councilmembers 12] Recess for an Economic Development Authority Meeting 13] Re-convene 14] Recommendations from Boards and Commissions: west of Aiysheba Road and south *A] Final Plat of Condominiums of Shenandoah Place 2,lying of Eastway Avenue-Res.No. 5215 *B] Southbridge Cove 2nd Addition, lying south and east of Southbridge Parkway-Res. 5216 TENTATIVE AGENDA September 7, 1999 Page -2- 14] Recommendations from Boards and Commissions continued: C] Rezoning Request of Jeffrey Boldt from AG to RR for property located west of CR 17, south of Blue Heron Trail and east of O'Dowd Lake 15] General Business A] Parks and Recreation 1. Calling for a Park Bond Referendum-Res. No. 5213 B] Community Development 1. Future Moratorium Workshop Dates *2. Implementation of PIMS Building Permit Tracking Software *3. Amendment to Comprehensive Plan and Addition of MUSA-Res. No. 5224 4. Pheasant Run Plat Condition Regarding Connection to Valley View Road 5. Confinement of Easement for Shakopee Valley Marketplace-memo on table C] Public Works and Engineering 1. Transportation Equity Act (TEA-21) Application for Pedestrian Bridges, Railroad Crossings, and Improvements on CR 83 and CR 16 D] Police and Fire *1. Award Bid for Thermal Imaging System *2. Community Oriented Policing(COPS) Overtime Grant *3. Hiring of Firefighters *4. Emergency Vehicle Preemption System 5. Fire Code Inspector Position-Res. No. 5226 E] General Administration *1] Applications for Intoxicating Liquor Licenses *2] Multiple Sclerosis Premises Permit Renewal-Res. No. 5214 *3] Apportionment of Special Assessments for Southbridge 4th Addition-Res. No. 5219 *4] LOGIS Supplemental Assessment *5] Revised Investment Policy-Res. No. 5220 *6] City Hall Roof Repair *7] Changing the November 2, 1999,Meeting Date-Res. No. 5225 *8] City Credit Card *9] Equal Employment Opportunity Policy-Res. No. 5227 *10] City Administrator Evaluation/Salary Adjustment 11] Resolutions Relating to Small Cities Development Program,Nos.5228, 5229 and 5230 *12] Brian Freeman Resignation from Cable Commission and Access Corporation 16] Other Business 17] Adjourn to Thursday, September 9, 1999, at 4:30 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting September 7, 1999 1. Roll Call at7:©0p.m. 2. Approval of the Agenda 3. Approval of Consent Business (All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the liDA to remove items from the consent agenda for individual discussion.Those items removed will be considereedin their normal sequence on the agenda.Those items remaining on the consent agenda will otherwise not be individually discussed sad will be enacted in one motion.) 4. 4 Approval of Minutes: 5. Financial 9 A.)Approval of Bills B.)2000 Tax Levy and Budget Adoption Resolution 6. Economic Development Advisory Committee 7. Other Business: S. Adjourn to September 21, 1999 ..-sf s/4 CITY OF SHAKOPEE CONSENT Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 2, 1999 Introduction Attached is a listing of bills for the EDA and Seagate fund for the period 08/13/99 to 09/02/99 . Action Requested Move to approve bills in the amount of $342 .48 for the EDA General Fund and $0 . 00 for Seagate. H u 0 0 0 0 0 0 II H II o 0 0 0 0 0 II n II • • • 11 a II 0 O 0 0 0 O II U II CO O CO CD W CO Il H cr 0 d. d' W d' II HN N d' di N 11 W W M m M m c II AM 11 El ii lZ al II En to II HO 01 al 01 En . cn w a � H a al 0 a Z 0 O H El Ci) am \w w w rxo H (X as H Z cn °1 al W H 0 x O o H H a \ a go Ci 1r1IX O H U x off CV CO H 0 W hH0 E0i H Ca Z cn U HH al 5 4 000 Z W M at 41 d( 01 (N d( I 1 1 I H N 0 I CI co W I N N U Z I 0 a 01 01 01 01 01 01 H H W Om M H \\ gt 01 CO O o 0 4 IK 4k ri In 01 01 H # H H H 0 .K Z CIOH 0 41 0 r-1 M CD Cl) CL H ' 0 > a 0 wEO HHa H 1:4 Pi 0 0 0 0 > 0 0 0 0 El H at rn C O E9.H H H z `n toH El El it HG' H H H H 5 . B. SHAKOPEE EDA Memorandum TO: EDA Chairman and Commissioners Mark McNeill, EDA Director FROM: Gregg Voxland, Finance Director RE: 2000 Tax Levy And Budget Adoption Resolution DATE: August 31, 1998 Introduction Attached is Resolution Number 99-1 which requests the Shakopee City Council to consent to the tax levy for the EDA, levy a tax for the EDA and adopts the 2000 budget . Background There are two statutes under which a tax for the purposes of the EDA may be levied. The major differences as far as the levy is concerned are: BRA EDA 469.033 469.107 Levied by EDA City City consent yes yes Under City levy limit no yes 2000 EDA levy limit $151, 000 $190, 000 MSA 469. 107 has broader purposes allowed than 469 . 003 but the distinction is not clearly defined. Basically, the HRA levy is for redevelopment. The EDA levy is for redevelopment and new development and is included under the city' s levy limit. Resolution No. 99-1 has been prepared with a levytof reduction under the HRA levy MSA 469 . 033 and $ for HACA) under the EDA levy MSA 469 . 107 . Last year the levies were $33, 570 under the HRA levy MSA 469 . 033 and $75, 000 (after reduction for HACA) under the EDA levy MSA 469 . 107 . The proposed budget is attached with appropriations in the amount of $ Included are the tax payments to ADC from the City and the County. Other costs not included but borne by the General Fund of the City are utility costs, administrative overhead such as accounting and bill processing/payroll, publishing, postage, and other employees time on related issues . Some allowance ($3, 280) has been made in the wages amount for charge-ins from Community Development. The EDA needs to adopt a proposed maximum levy and budget amount by September 15 for certification to the County Auditor. That levy will be used for the tax notice mailed to property owners . Action Offer Resolution Number 99-1, A Resolution Setting The Tax Levy For 1999/00 By The Economic Development Authority For The City of Shakopee And Adopting The 2000 Budget, and move its adoption. Gregg Voxland Finance Director n:\budget\budres00 RESOLUTION NO. 99-1 A RESOLUTION SETTING THE TAX LEVY FOR 1999/00 BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 2000 BUDGET WHEREAS, the Economic Development Authority (EDA) in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469 . 051 et seq. , as amended, and WHEREAS, Section 469 . 107 states that for economic development purposes, the governing body of the municipality may levy a tax at the request of the EDA, and Section 469 . 033 states that for redevelopment purposes, the EDA may levy a tax with the consent of the governing municipality, and WHEREAS, the By-Laws of the EDA for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the EDA hereby requests the City Council of the City of Shakopee to levy a special tax of $ pursuant to MSA 469 . 107 (after reduction for $5, 932 in HACA aid) to be collected in 2000 for the EDA by the City of Shakopee . BE IT FURTHER RESOLVED, that the EDA levies a special tax of $ pursuant to MSA 469 . 033 to be collected 2000 by the EDA and hereby requests the City Council of the City of Shakopee to consent to such levy. BE IT FURTHER RESOLVED, that the attached 2000 General Fund Budget be approved with total appropriations in the amount of Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of September, 1999 . Chairman ATTEST: Executive Director Oil S 8 Aj .sec1 RESOLUTION NO. 99-1 A RESOLUTION SETTING THE TAX LEVY FOR 1999/00 BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 2000 BUDGET WHEREAS, the Economic Development Authority (EDA) in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469. 051 et seq. , as amended, and WHEREAS, Section 469. 107 states that for economic development purposes, the governing body of the municipality may levy a tax at the request of the EDA, and Section 469. 033 states that for redevelopment purposes, the EDA may levy a tax with the consent of the governing municipality, and WHEREAS, the By-Laws of the EDA for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the EDA hereby ty of requests theCity 1$y0- Council pursuant the to MSA 14 9. 107 Shakopee special taxbecollected in 2000 for the EDA by the City of Shakopee. BE IT FURTHER RESOLVED, that the EDA levies a special tax of $-0- pursuant MSA 469 . 033 to Councilof the City of Shakopee be collected by and to hereby requests the City consent to such levy. BE IT FURTHER RESOLVED, that the attached 2000 General Fund Budget be approved with total appropriations in the amount of $247, 380 . Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of September, 1999. Chairman ATTEST: Executive Director 440 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinator SUBJECT: Creation of Economic Development Advisory Committee MTG DATE: September 7, 1999 Introduction: The EDA is asked to provide further direction regarding the development of an economic development advisory committee. Background: At its August 17, 1999 meeting the EDA discussed the need for more time to be devoted to economic development issue identification and strategy development through input from an economic development advisory body to the EDA. The EDA directed staff to arrive at options for an advisory committee that would provide recommendations to the EDA regarding economic development issues and programming. Discussion: Establishing some sort of an"economic development advisory board/committee"would provide more concentrated and dedicated work in the areas of economic development issue identification, strategy development,and action implementation.An advisory committee would also be beneficial since the EDA/City Council is limited in the time it can spend in these areas. The advisory committee would not replace the EDA and would not have the legal powers of an EDA, but would simply offer recommendations only to the EDA and City Council regarding economic development issues. Economic Development Advisory Committee Composition Membership should be representative of key economic development stakeholder groups but small enough to reduce scheduling complications and to facilitate group process. Please refer to Exhibit A,excerpts from Guidelines for Establishing an Economic Development Organization(Deloitte&Touche,Fantus Consulting Worldwide); Exhibit B, excerpts from Strategic Planning for Economic Development(Deloitte &Touche), and Exhibit C, Economic Development for Small Communities(P.D.Phillips,Univ. of Illinois). The advisory committee members should come from the following key areas: • Representatives of the local utilities: electric, gas,telephone • Presidents/officers of local banks advbrdmo.doc 1 • Representatives of larger,key employers • Retailers/merchants from the downtown and other commercial districts • City and/or County planners • City Administrator • County Administrator • County Commissioners • Representatives of local school districts and post-secondary educational institutions • Director of the Chamber of Commerce • Director of the Convention&Visitors Bureau • Commercial/Industrial realtors and/or developers Economic Development Advisory Committee Responsibilities The basic responsibilities of an advisory committee, in its work with the EDA,would encompass the following: 1. Creating a sound economic development policy in the following areas: • Business Retention&Expansion • Business Attraction/Marketing • Prospect Response • New Business Development • Data Collection/Research 2. Developing an effective strategic plan for putting the economic development policy into action. 3. Ensuring that the economic development program has adequate funding. Name of the Committee For clarity, I would highly recommend naming the group"Economic Development Advisory Committee"rather than the formerly used"Community Development Commission". I believe it is the EDA's/Council's intention that this group will be working on economic development issues,making recommendations to the EDA,not dealing with community development/planning related issues,hence the words"Economic Development"in the recommended name. I would also recommend that the words"Advisory Committee"be used since the group will be functioning solely in an advisory capacity to the EDA and not as a "commission" (which has more authority). Recommendation: • Officially designate the name "Economic Development Advisory Committee" for a group to be formed by the EDA that will be providing recommendations to the EDA regarding economic development issues and programming. advbrdmo.doc 2 • Direct staff to draft a job description for members of the Economic Development Advisory Committee. • Direct staff to contact representatives from the key economic development stakeholder groups listed above to determine their willingness and desire to potentially serve on the Economic Development Advisory Committee, with the goal of having a total of five members. • Appoint one EDA member to work with the EDA Executive Director and Economic Development Coordinator to conduct interviews of the representatives from the key economic development stakeholder groups. Action Requested: 1. Offer and pass a motion to designate the name "Economic Development Advisory Committee" for a group to be formed by the EDA that will be providing recommendations to the EDA regarding economic development issues and programming. 2. Offer and pass a motion to direct staff to draft a job description for members of the Economic Development Advisory Committee, to be brought back to the EDA for approval. 3. Offer and pass a motion to direct staff to contact representatives from the key economic development stakeholder groups listed above to determine their willingness and desire to serve on the Economic Development Advisory Committee. 4. Offer and pass a motion to appoint one EDA member to work with the EDA Executive Director and Economic Development Coordinator to conduct interviews of the representatives from the key economic development stakeholder groups. advbrdmo.doc 3 a ,,ic,,t Fr b4 Responsibilities of Board af3� ; ,k .e{ ;ate v ' 7 ,f s f Structureof Board of Directors r'� - , .z: ' Financing ' ' ' 0 and Budgeting - � r< P ; cv Effective Committees M ,. .-., 'L9; .',..:.....-:,,,4,',..,,,,.. yb 4 3 . Business Expansion ,„° , 1C ,, d ty3 3 ,...,...-,..',.,' i,A„,'',,,,..:.,,.1,,,,';,,^,,.,.,.,'...,.;,ii1:-,,_i47.i.,,l-t,,,,,',:",:x..... 'i7.„,,f..,.,i,,,.i-.,,0,.4A.,.h.,17.',',„i,.,;.', :, ,'f:.",... ,b,r; Business Retention and Expansion dY .:: ::.‘'.' .''''''''?'-''''''';':'::"1,:7--1- f I .e e1opmen !1.-1'-:;:''''-' - . ..:,..,-1_,.1;- ,rv! Prospect Response �,�y g fA ! `a q �' � fia ,:',.-',',.,4.14,4,r:-,! ';',"---';,''' . �' R '.. +�` ,. .,rye r Data Collection ,F i 5 Y�` x rs "y�?riit;;;„"F':i,.fid Published By y y � i American Economic Data Research - � Development Council Author: Deloitte & douche 1 F Fantus Consulting Marketing/Advertisingy$ Worldwide Guidelines Establishing An Economic Table of Contents AUTHOR INFORMATION iv PUBLICATION INFORMATION v INTRODUCTION 1 CHAPTER 1: STARTING AN ECONOMIC DEVELOPMENT ORGANIZATION 2 Elements of Organizational Effectiveness Steps to Ensure Organizational Soundness STEP 1: Establish a Steering Committee STEP 2: Survey Existing Economic Development Organizations STEP 3: Draft a Mission Statement STEP 4: Determine the Funding Level STEP 5: Determine the Organizational Structure Private-Sector Model Government Agency Model Public/Private Partnership Model STEP 6: Draft Bylaws STEP 7: Incorporate as a Freestanding Non-Profit Organization or Become Part of an Existing Non-Profit STEP 8: Establish the New Organization CHAPTER 2:DEVELOPING BYLAWS 6 Bylaws Structure Updating Bylaws CHAPTER 3:FORMING A NON-PROFIT CORPORATION 8 Drafting the Articles of Incorporation Importance of Bylaws Submitting Incorporation Documents Applying for Tax-Exempt Status Section 501(c)(3) Section 501(c)(4) Section 501(c)(6) ii CHAPTER 4: RESPONSIBILITIES AND STRUCTURE OF THE BOARD OF DIRECTORS 10 CHAPTER 5:HIRING AN EXECUTIVE DIRECTOR 12 CHAPTER 6:FINANCING AND BUDGETING AN ORGANIZATION 15 CHAPTER 7:TYPES OF COMMITTEES AND THEIR EFFECTIVE USE 19 CHAPTER 8:PROGRAMS 20 Business Attraction Business Retention/Expansion Prospect Response Marketing/Advertising Data Collection/Research APPENDIX: 1997 SURVEY OF ECONOMIC DEVELOPMENT ORGANIZATIONS 23 Responsibilities and Structure , D. f th B d f Chapter 4 A successful economic development • Ensuring that the economic Ensuring Program Funding organization requires an effective development program has A critical task of the economic board of directors.The way in which adequate funding development board is to ensure that the board discharges its responsibili- • Overseeing the program's fiscal the organization has adequate finan- ties sets the tone for the entire management cial resources.This task may require organization.This chapter details the Policy Development the board to secure funding from key responsibilities of the board of The board's overall goal is to set private contributions,local busi- directors, as well as guidelines for the tone and direction of its commu- nesses, and government agencies. board size,composition,selection nity's economic development policy, (Chapter 6,"Financing and Budgeting procedures, and tenure. so it is critical that board members an Organization,"provides more detail reach a consensus about that policy on this important topic.) The Challenge of Board and its direction.The board must Fiscal Oversight Membership then communicate that policy to the The board of directors is also The board of directors of an organization's staff. responsible for ensuring that the economic development organization Plan Development organization follows sound business faces a demanding challenge.It will Once the overall policy direction is procedures.It should see to it that likely seek to strengthen the local agreed upon,the board must develop the organization's books are audited community through efforts to a strategic plan for putting that annually and that an attorney enhance the business climate, policy into action.This plan explains reviews all legal commitments. improve job opportunities, and how the organization will fulfill its expand the local tax base.Yet in mission over a defined period of time Board Size and Composition pursuing these goals,the board and defines specific implementation To determine the proper size for its actions and responsibilities. must recognize that the economic The plan should incorporate input board of directors, an organization development field has become must balance operational efficiency increasingly complex and competi- from staff as well as the board of with broad-based community repre- tive. Successful communities usually directors and should be based upon sentation. On the one hand, the an honest assessment of the possess board members who areboard of directors should be small community's strengths and liabilities well prepared to meet this challenge. enough to reach consensus quickly and its situation relative to nearby and decisively. On the other hand, Key Board Responsibilities communities. the board should be large enough to Hiring the Executive Director represent many different sectors of By focusing on several essential One of the most important the community.This will help ensure responsibilities,board members can responsibilities of the board of direc- that the organization's decisions help ensure the creation of a sound tors is hiring an effective executive enjoy widespread support. economic development organization. director.A strong candidate will have Deloitte &Touche Fantus has These responsibilities include: expertise in economic development found that economic development • Creating a sound economic techniques and possess substantial organizations frequently err by development policy first-hand experience in successful making the board of directors too • Developing an effective plan economic development. (Further large. Such boards find it difficult to for fulfilling that policy information on discharging this respon- involve all board members,which • Hiring a productive executive sibility is found in Chapter 5,"Hiring often creates a lack of focus.Most director an Executive Director") 10 communities can strike a balance Ex-Officio Board Members Board Member Tenure between organizational efficiency and broad-based representation Economic development organiza- Setting tenure can be a valuable tool with a board of between 15 to 20 tions frequently designate certain for blending experience and fresh board members as "ex-officio" perspectives on a board.When an members.When board membership members.This generally means that organization is electing its first exceeds 30, an organization's they can participate fully in board board,Deloitte &Touche Fantus consensus ability can be impaired. Deloitte &Touche Fantus recom- deliberations but cannot vote or recommends staggering terms so mends that a board of directors be hold elective office. that the entire board does not comprised of members from both It is a good idea to name the orga- change at once after the first term. In the public and private sectors. (See nization's executive director as an the first year,for example, one-third the discussion of public/private part- ex-officio board member,as this helps of the board serves for one year, nerships in Chapter 1.)Typically,the elevate the status of the position. one-third serves two years, and one- following individuals should be third serves for three years.After considered for board membership: Selection Procedures for each initial term expires,Deloitte & Members Touche Fantus recommends that Private Sector: directors serve uniform two-year • Bankers and others affiliated Economic development organiza terms.Two years is long enough to with financial institutions tions generally employ the following become experienced yet not so long • Utilities managers three methods, either singly or in g combination, to select board that the time commitment becomes • Industrialists overly burdensome. al and accountin members: • Le g g Most organizations do not restrict Election professionals board members from serving multi- This Real estate brokers is probably the most commonly ple consecutive terms.This allows and developers used procedure. p Specific Designation key community leaders to stay • Small business owners involved in economic development • Private college or universityWith this method, an organization g on a long-term basis.At the same or deans selects board members because of presidentstime,boards need to enlist new • Individuals affiliated with their standing in the community.For members to keep their organizations local media example, an organization might specify that the president of the from becoming stagnant. Public Sector chamber of commerce and the • Mayors mayor should serve on the board of • City council members directors.This assures the represen- • City managers tation of important individuals from • County board chairman the community. and members Direct Appointment • County executives With this method,an economic • Representatives of the planning development organization allows or zoning board certain individuals,such as the presi- • Public school presidents, deans, dent of the local chamber of directors or superintendents commerce or the mayor,to appoint one or more individuals to the board. 11 programs Chapter 8 According to the 1997 AEDC/Deloitte that are relevant to targeted nity, and if not,why. Such a survey &Touche Fantus Survey of Economic industries. Economic develop- also can help a community deter- Development Organizations,the vast ment organizations should also mine whether negative area issues majority of economic development implement initiatives to address are unique to certain companies organizations focus primarily on the significant weaknesses that or are consistent among many following activities: could deter target industries. kinds of firms. • Business attraction • Understand the decision-making Once problems are identified, • Business retention/expansion process of companies considering economic development organiza- • Marketing/advertising expansion or relocation. tions need to address them with • Prospect response Companies examine factors effective strategies.These strategies • Data collection/research such as costs,labor availability, may,in fact,form the basis of an This chapter focuses on how to and access to customers before organization's annual work plan. establish effective programs in all of making relocation decisions. In most cases,resolving problems these areas. Therefore, economic develop- requires cooperation with other ment organizations should learn organizations outside of the Business Attraction as much as possible about these economic development arena, so it is factors as they put together their vital to have good working relation- Attracting new business has become an incredibly competitive activity as attraction strategies. ships with other community groups. communities increasingly vie with • Create an effective prospect The best retention programs do response system. Successful more than react to problems; they regional,national, and international competitors for new projects. Some business attraction demands create a positive operating environ- general guidelines for establishing that one respond quickly to ment and establish competitive an effective business attraction prospect needs and inquiries. advantages for local companies.As a This helps ensure that prospects result, effective economic develop- program would include the following view their experience with a ment organizations view their strategies: community in a positive light. retention programs as ongoing • Develop an honest understanding efforts to reach out to—and be an of community strengths and weak- nosiness Retention/Expansion advocate for—local business. nesses.This analysis will provide Effective retention/expansion the foundation for future Unfortunately,many communities programs may also end up enhanc marketing campaigns, so only begin business retention/expan- ing business attraction efforts. it should include a critical sion programs after businesses have Businesses considering relocating to examination of a community's already left.Therefore,the best a community often interview local economic base, demographic retention programs target problem industry executives.If local business profile, competitors and areas awareness before companies leave or leaders are pleased with the commu of opportunity. consider leaving.Instead of respond- pity's economic development efforts, • Identify prospective industries and ing to bad news after the fact,many their satisfaction will encourage companies that offer the highest economic development groups visiting prospects to relocate there. potential for relocation to one's create proactive contact systems to community based on community learn about problems early on. Prospect Response strengths,weaknesses,and goals. One way to do this is to survey Marketing strategies should local companies to learn whether "Prospect response" refers to an focus on community strengths they plan to remain in the commu- ability to work effectively with 20 • potential investors, or prospects.The • Determine prospect's site • Site location magazines directed • quality of a community's prospect preferences at corporate real estate execu- response can be vital to its success in • Arrange and conduct site visit tives in charge of new company luring new investment. Proposal/Close Deal facilities One of the most difficult issues • Follow up with prospect • National business publications for economic development organiza- • Make best offer in a written • Specific trade publications rele- tions is determining whether a proposal vant to target industries, such as prospect is truly serious about locat- Ongoing Service plastics,high-tech, or automo- ing an operation in their community. • Commence retention program five industry journals Since it is often unclear whether a Relocating companies expect fast, Other traditional location market- particular company is serious during high-quality responses to their ing activities include prospecting its initial contacts, it is always impor- requests for information, and they trips,trade shows, and direct mail tant to be responsive and can be impatient with organizations campaigns.Making or maintaining professional with all inquiries. unable to meet those requests. contacts in the surrounding commu- Most organizations try to "qual- Organizations that respond ineffec- nity and with the local media can ify"a prospect by asking about its lively can undermine prospective also be helpful.Visible local support intentions.The more information relationships that might have and positive news articles about the that can be gained about a prospect, produced jobs and additional tax community can prove valuable in the easier it is to determine those revenue. swaying prospective clients. intentions. A web site is also an important Once a prospect is qualified, the Marketing marketing tool since it may constitute economic development firm is at the a prospect's first contact with an Economic development organiza- beginning of the "client engage- organization.To be most effective,a tions should develop marketingmerit"process.The followingsteps easy- plans that reflect their missions, web site should contain current, typically define a successful prospect their community strengths and to-access information that is useful to response and management process: a targeted business prospect. Initial Contact weaknesses, and the businesses • Contact from and response they wish to target.These plans p should take into consideration Data Gallectin/ es rch to a prospect overall marketing goals, available To be a successful marketer,an • Data collection pertaining to resources, advertising strategies, economic development organization needs • Sending out general community specific individual responsibilities, must be able to conduct solid,effective the schedule/timing of activities, research on both its own community information to the prospect Follow-Up and target business data. and on prospective businesses.This • Contact prospect Many economic development research serves two main purposes: • Respond to request for additional organizations struggle with their • It can generate information information on specific sites advertising campaigns,which are about the community that may • Add prospect to mailing list for designed to establish or maintain be useful to prospects. apresence in the site location/selec- • on/selec It can on generate important infor- gorng marketing materials tion marketplace.Ingeneral, matin about prospective Pre-Proposal p p p • Provide additional site-specific organizations should target their industries or companies that data as requested campaigns to the following media: will be useful in marketing campaigns. 21 111 i' I Businesses that contact economic Therefore,it is essential that an vies meet their operational needs. development organizations for infor- organization have quick, complete Establishing an economic develop- mation typically request data on the access to this data. ment organization is a challenging following subjects: Since prospects frequently ask but rewarding task that requires the • Demographics for detailed research on specific ongoing support and leadership of • Labor statistics topics relevant to their operations, the community it serves.And to be • Education economic developers must have the successful,an economic development • Business climate factors such as: ability to provide such research upon organization must create an organiza- * Regulatory issues request.The ability to perform qual- tional structure that focuses its resourcks * Permit issues ity research is also critical to effective and leadership on its primary objectives. II *Workers compensation and marketing.Reliable business infor- AEDC and Deloitte&Touche Fantus unemployment insurance mation is a key to targeting one's sincerely hope that these Guidelines * Operating costs marketing efforts to the most suit will help you establish the best possible • The local economic base able businesses and industries. Such economic development organization for • Infrastructure-related matters information also can enable one to your community. such as: better understand the underlying *Transportation factors that cause businesses to * Utilities relocate or expand. * Site availability Finally,the more thoroughly you *Telecommunications service research the business plans of • Quality of life prospect companies,the more effec- • Economic development services tively you can explain how your i,, • Incentives community will help those compa- L I Ii Y 22 Competitive Positioning ., ,x �� -1,-r,',241. ice .; Visioning 1F$ t„ � p/r'iriy y..4 ;'IA�t Formulating Goals and Objectives ih gzj r 47 , Identifying Local ED Issues . � ; tegic a'a t Identifying Strategic Actions x *art r z Evaluating Strategic Actions . - g; g r r v Assessment of Comparative Advantage '� _ �� Define the Problem . . .:-.., ';',, '::::!''. ': -..)!I ['f-f Li ' g„-..i:'''' ' y Take Specific Actions c �� m 4 Getting Leadership Involved Conducting the Economic Assessment ..,....2,4....-.}d fit. Accountability .. '' alished lc v _ conomic Organizing the Strategic Planning Process Council r; :� olz©w, Ph.D. Business Targeting : , -, �ne Consulting sv ra Strategic Planning For Economic Development Table of Contents • AUTHOR INFORMATION iii CHAPTER 9:FINALIZING AND IMPLEMENTING PUBLICATION INFORMATION iv THE STRATEGIC ACTION PLAN 26 INTRODUCTION 1 Exhibit 4:Action Plan Sequence The Importance of Organizational Responsibility CHAPTER 1:STRATEGIC PLANNING:ITS PURPOSE The Organization's Action Plan AND VALUE 2 Allocating Resources The Need for Planning Developing the Work Program Competitive Positioning Exhibit 5: Elements of a Workplan (Strategic Accountability Planning/Economic Development) CHAPTER 2: STRATEGIC PLANNING DEFINED 5 CHAPTER 10:EVALUATING THE PROCESS Exhibit 1:The Strategic Planning Process AND PERFORMANCE OF THE STRATEGIC PLAN. . .32 CHAPTER 3:INITIATING AND ORGANIZING THE Exhibit 6:The Process of Evaluation STRATEGIC PLANNING PROCESS 7 Monitoring Progress CHAPTER 4:ASSESSING AN AREA'S COMPETITIVE Exhibit 7:Project Analysis Worksheet POSITION 9 Exhibit 8: Sample Gantt Chart for an Economic Conducting the Economic Assessment Development Project From Assessment to Business Targeting Performance Review Exhibit 2:The Evolving Foundations Impact Analysis of Economic Development CONCLUSION 38 CHAPTER 5:VISIONING 13 APPENDIX A:ASSESSMENT Exhibit 3: Sample Vision Statement OF COMPARATIVE ADVANTAGE 39 CHAPTER 6:IDENTIFYING LOCAL Assessment of Comparative Advantage ECONOMIC DEVELOPMENT ISSUES 16 Table of Sources CHAPTER 7:FORMULATING GOALS APPENDIX B:ANALYSIS AND OBJECTIVES 19 OF COMMUNITY'S SITUATION 44 Analysis of Community's Situation CHAPTER 8:DEVELOPING STRATEGIC ACTIONS 21 APPENDIX C:TUCSON TOWN HALL 51 Strategic Thinking Mission of the Town Hall Identifying Strategic Actions Agenda: Economic Development for the Greater tlfying Tucson Area Getting Leadership Involved Effectively The Problem-Solving Approach to Identifying APPENDIX D:EVALUATION Strategic Actions OF ALTERNATE STRATEGIES 55 STEP 1: Define the Problem Evaluation of Alternate Strategies STEP 2: Seek Root Causes ENDNOTES 58 STEP 3: Identify Barriers BIBLIOGRAPHY 59 STEP 4:Take Specific Actions STEP 5: Evaluate Actions The Field-Force Analysis Approach to Identifying Strategic Actions Evaluating Strategic Actions ll Author Information David R. Kolzow, Ph.D. 216 Sugar Creek Road Greer, SC 29650 864/244-8711 (phone),864/244-2495 (fax),judeetalk@aol.com (e-mail) David R.Kolzow,Ph.D.,is a Principal at Lockwood Greene Consulting in Greer, South Carolina.He has more than 20 years of consulting experience in site selection, real estate development planning, and community economic development.His past and current clients include numerous communities, states, and some of the largest land developers in the nation. From 1995 to 1997,Dr.Kolzow served as Principal in charge of Economic Development for Fluor Daniel Consulting.From 1986 to 1995, he was President of Kolzow& Associates, a site selection and economic development consulting firm based in Tucson, Arizona.His prior positions include Vice President of the Greater Tucson Economic Council,Manager in Real Estate Advisory Services for Laventhol &Horwath,Vice President in charge of Development Advisory Services for PHH Fantus, and Assistant Vice President with Real Estate Research Corporation. In addition,he has held faculty appointments at DePaul University and Northeastern Illinois University, and recently served as Adjunct Lecturer in the Department of Geography and Regional Development at the University of Arizona. Dr.Kolzow received his B.S.degree from Concordia College in River Forest,Illinois; his M.S. in Geography from Northern Illinois University in DeKalb; and his Ph.D.in Geography from Southern Illinois University in Carbondale.He is a member of the American Economic Development Council,the National Council for Urban Economic Development, and the Southern Economic Development Council.He has served on the faculty of the Economic Development Institute since 1985, and teaches in Basic Economic Development Courses (EDCs) in Illinois,Mississippi,Arizona, and Alabama. 111 ,, Publication Information American Economic Development Council P.O.Box 877 Rosemont,Illinois 60018-0877 Telephone 847.692.9944 Facsimile 847.696.2990 Email aedc@interaccess.com Web site www.aedc.org The American Economic Development Council is a high-participation organization for people committed to economic development.The largest and oldest economic development society,AEDC serves close to 2,300 members and has been a home base for the profession since 1926.AEDC helps members create sustainable local economic development capabilities which are globally competitive;gives leadership in building knowledge,forming alliances,and managing key issues; and serves as a career anchor for economic developers who are—or wish to become—leaders in the profession. 1 Copyright©1998 by the American Economic Development Council.All rights reserved. ISBN 1-893491-00-5 iv Introduction As the world evolves into a global communities is less a function of immediate crises. Rather,it is about economy,it becomes increasingly resources and geography and more a finding longer-term solutions to clear that communities across the result of sound strategy and strong problems. Crisis management is a United States must rethink their leadership. different process. economic strategies.Economic Effective and satisfying change The focus of this publication development programs that were can occur by applying a systematic is the application of the strategic effective in the'70s and'80s are often process for asking and evaluating planning process to local economic not appropriate for the beginning three questions: "Where are we development.What can this process of the 21st Century. Competition for now?" "Where do we want to be?" contribute to stimulating healthier new jobs is now international in and "How do we get there?"Indeed, local economies? Recognizing that scope, and the nature of the work- it is possible to significantly influ- economic development means much place has changed dramatically. ence the economic destiny of a more than mere growth, the concern Even the most basic manufacturing community when well-directed of community leadership should processes require increasingly higher actions are implemented. be how to initiate and sustain the levels of technical skills. In business Strategic planning,long used in improvement of the economic location decisions,traditional cost the corporate world,is this kind of wellbeing of the citizenry. factors are giving ground to "qual- systematic process.It is a logical The role of a specific economic ity"factors: quality of the work force, planning approach for addressing development program is to influence quality of the local educational local economic problems that the local economy through positive system, quality of telecommunica- currently exist or are likely to arise in actions that lead to an improvement tions, quality of life, and so forth. the future.If appropriately and prop- in the business environment.A Improving an area's competitive erly used, strategic planning can favorable environment, one that position requires a substantial assist the leadership of the commu- facilitates the profitable operation of commitment of local resources.But nity, region or state to identify what business and industry, creates an states and communities now are faced needs to be done to foster economic expanding base of quality jobs and with major fiscal concerns as they try development and how to get it done. tax revenues. Carefully focused to balance new or increased taxes to Strategic planning can be beneficial strategies promote increased effi- maintain a high quality of govern- wherever a need exists to allocate ciency in the use of local resources. ment services with the need to keep limited resources and to establish This can lead to gains in "real" taxes low enough to stimulate local priorities of action.It can be a useful income and buying power as job economies.And environmental tool to improve the operation of a opportunities expand and capital groups,anti-growth groups,local governmental agency,organization or investment increases. referendums,and local resident educational system,or to deal with a dissatisfaction put additional pressure variety of significant problem areas on the local development process. within a community.Finally,commu- The communities that will be most nity self-esteem and pride can be effectively positioned to respond to greatly enhanced if a concerted effort this changing environment are those is made to reach the residents and that do not accept the status quo involve them in the construction of a and are willing to look at their panic- community's agenda for action. ular situations in innovative ways. It should be pointed out that The future economic vitality of strategic planning is not about 1 i Strategic Planning Its Purpose and Chapter 1 The Need for Planning Visionary community leaders and satisfy everyone's needs appreciate the value of planning for simultaneously. "The reason why everybody likes the future of their communities. Because every community has a planning is because nobody has to Their interest in building a better particular set of resources and vision do anything."- Edmund Brown,Jr. tomorrow leads them to pursue for its future,the plan for each "Plans are nothing;planning is every- courses of action that will allocate community will be unique.Each thing."-Dwight D. Eisenhower limited community resources more community has a distinct base of effectively.They recognize that the manufacturing firms,services,natural The process of economic develop- lack of planning or misdirected resources,governmental structure, ment implies planning. Growth in planning can be costly. local leadership, geographic location, new jobs or population can occur history,infrastructure,labor skills, without formal planning, as "boom and educational resources.Therefore, towns"related to energy resources While it is natural for the design of an economic develop- or certain "Sunbelt" communities people to resist change, ment plan should be one-of-a-kind testify.However,the development of economic wellbeingis and responsive to the local situation. a diversified and more stable economy, Today,rapid change affects all and the consequent improvement dependent upon constant communities.Maintaining the of the local standard of living, genes ada tation to changing economic status quo is not possible. ally occurs through a well-directed p Either positive change occurs to planning process. conditions. Planning,unfortunately,is not move a local economy forward, or universallyaccepted as a prioritynegative factors cause a community p Nowadays it is not unusual to to drift into economic backwaters. activity in many communities. see communities build speculative New jobs have to be created to Community leaders and residents buildings that sit vacant, or invest replace those lost each year and to may often feel that they have had in industrial parks that attract no provide opportunities for new their fill of"planning."Far too many facilities,or undertake expensive entrants into the labor force.New plans end up abandoned or merely advertising with no results, or lose sources of tax revenues must be found as dust-collecting additions to the a major employer because of the to maintain and improve levels of libraries of local government offices, lack of positive response by local government services and contribute seldom—if ever—used. government to some problem. to an improved quality of life. Clearly,planning is a necessary part Effective economic development While it is natural for people to of life.People plan for vacations,for planning is a process by which prior- resist change,economic wellbeing is their careers,and for retirement. ities are established for the use of dependent upon constant adaptation Government agencies and organiza- community resources.These priori- to changing conditions.The easiest tions develop budgets for the next year. ties emanate from the thinking of and least controversial course of In essence,planning is nothing community leaders as to what action is usually to do nothing,but more than the deliberate formulation constitutes a "better tomorrow" and ultimately that is a decision that leads of a course of action to avoid how it can be achieved.However, to a declining community.As has mistakes and to achieve desired it is critical to focus resources on been said,"not to decide is to decide." goals.The more complex the situa- those issues and goals deemed most Another reality of economic devel- tion, the more sophisticated the important for achieving that "better opment planning is that a community planning process needs to be in tomorrow"instead of trying hope- cannot possibly tackle everything at order to achieve the desired results. lessly to deal with every concern one time to improve its economic 2 situation.Limited resources require disadvantages are weighed in the decision-makers minor the values of careful choices.Priorities need to be decision.And these location-related community residents,people tend to established based on the most cost- advantages and disadvantages be satisfied.However,this is often not effective approaches for achieving constantly change with fluctuations the case.And even when it is the case, desired results. in international,national, regional, it may also be true that the priorities On the brighter side,new oppor- and local conditions. assigned by government leaders are tunities are emerging. "Healthy" not in tune with economic realities,a communities are those that take disconnect that can work against advantage of these opportunities, Strategic planning can achieving community objectives. and willingly take certain risks to provide the means to If a community is to allocate its achieve significant economic gains. facilitate resolution of resources more effectively in order to They make substantial investments in improve its competitive position, it carefully focused activities that are local economic problems must have a clear idea what that likely to lead to desirable economic within a consensus- position should be and what actions returns that can improve their abili buildin ramework. will help the community realize its ties to compete for private investment g f goals.Decisions must be prioritized from business and industry. and made in light of their future The ability of a community to consequences. Competitive Positioning improve its competitive position A community must establish a The corporate world is very aware of involves a more effective use of local process for evaluating what it really the need to compete.Using strategic resources. Clearly, every community is,what it realistically has to offer, planning,many companies evaluate has a limited resource base from and what it can feasibly accomplish. how they are positioned in relation which to work.The amount of This process must also help commu- to changing markets and changing money that can be raised and spent nity leaders sort through conflicting competitors.They then take carefully locally is limited; the skill levels and beliefs,values, and goals, and conceived steps to improve their posi- degrees of involvement of leaders develop a means to resolve as much tions by building on their strengths and citizens will vary; and infrastruc- conflict as possible through mutual and reducing their weaknesses. ture capacity can be extended only accommodation. In the private sector,although the so far.No community can fulfill all Strategic planning can provide the nature of strategic planning continues the dreams of its citizenry. means to facilitate resolution of local to change,it is likely that successful Therefore,the improvement of a economic problems within a consen- firms will continue to adopt a strate- community's competitive position sus-building framework.It is a major gic planning process in one form or must be based upon clearly defined mistake to assume that the improve- another. priorities.Unfortunately,in many ment of a community's competitive Communities must recognize that cases,the size of the existing budget position can occur without paying they,too,are in constant competition and current staff capabilities often attention to community's value system. with other communities for investment determine the priorities of local The desires and expectations of dollars.Each time a family decides to government and economic develop- community leaders and residents move in or out,or an employer decides ment organizations.Furthermore,the directly affect a community's future. to expand or relocate,or a vacationer values of public sector decision In this regard, the strategic planning decides where to spend a week, or makers frequently determine how process can help define local expec- a customer decides where to shop, budget and staff resources are allo- tations, as well as place these a community's advantages and Gated.When the values of such expectations in a more realistic 3 perspective.This process typically economic situation. Sooner or later, another.By assuming that such an begins by improving the under- the local economic development evaluation will take place,efforts can standing of the community's current organization will be asked to report be made to design an evaluation and future competitive position, or on the results of its efforts. process that is fair and focused. comparative advantages.Ideally,the Typically,the issues of evaluation Strategic planning,if done process involves an assessment of and accountability do not receive correctly,incorporates an evaluation community strengths and weak- much attention.Programs are often procedure that can help program nesses with respect to attracting enacted with the best of intentions, directors clearly demonstrate to additional investment,and an but community leaders may only community leaders or to boards of awareness of the impact of future have a limited understanding of directors just what is happening and economic and social trends. why these programs are in place why.An evaluation mechanism can and what they are accomplishing. also provide a means to determine Accountability Furthermore,the expectations of the expectations of the community A strategic plan provides more than community leaders are often not and its leadership. a means to chart a future course or "in sync"with those of the program Some suggested approaches to establish a more competitive posi- directors.Under these conditions, evaluation are discussed on pages tion. Of significant importance,it it is likely that local leaders will at 27 through 31. also can be an instrument to evalu- some time become dissatisfied with ate potential courses of action and the performance of the economic help address issues of accountability. development program or its director. Ultimately, members of the It should be assumed that an community will want to know what evaluation of program effectiveness is being done to improve the local will take place in one form or 4 IStrategic annin e lne Chapter 2 As Kierkegaard once observed, The third element is that strategic •Analyzing the community's "life is lived forward but under- planning is an ongoing process.As situation stood backward." quickly as the planning cycle is — Conducting the economic Strategic planning has been defined completed,it must be implemented assessment as "the process by which an organi and the process set in motion for — Identifying the local zation (or a community) envisions its the next cycle. Since we can never economic development future and develops the necessary be certain what is in store for a issues procedures and operations to community, economic development • Formulating the plan achieve that future."1 There are three organizations must simultaneously — Visioning key elements in this definition. implement existing plans, adjust — Defining goals and/or The first element is the idea that those plans as necessary, and make objectives the envisioning,or visioning,process new plans. — Developing strategic actions is very different from the concept of — Finalizing the overall long-range planning in which trends Envisioning involves a strategic plan are determined and forecasts are • Implementing the planning projected into the future. "Envisioning belief • that aspects of the process involves a belief that aspects of future can be influenced — Assigning organizational the future can be influenced and and changed bywhat responsibilities changed by what we do now."2 The g — Formulating the work plan importance of the visioning process we do now. — Allocating resources is that it can be used to shape the • Evaluating the process and future rather than simply prepare for The nature of the strategic plan- its results p Y p p nipprocess is clearlydefined it.For communities,this belief can g by — Monitoring lead to a measure of economic self- Peter Drucker,noted management — Performance review determination, freeing them from expert.He states that it is "the con- — Impact analysis the position of constantly trying to tinuous process of making present — Adjusting the plan respond to crises. entrepreneurial (risk-taking) deci- This is the strategic planning The second key element of this sions systematically and with the process basically defined.The rest of definition of strategic planning is greatest knowledge of their futurity; the monograph will discuss in more that it focuses on the process of organizing the efforts needed to carry detail each of these elements and planning rather than on the plan out these decisions; and measuring how they can be most easily and that is produced.Although docu- the results of these decisions against effectively used. ments detailing mission or vision the expectations through organized, statements, goals and/or objectives, systematic feedback."4 and strategies do result, "It is the These elements of the strategic process of self-examination,the planning process are illustrated in confrontation of difficult choices, the flow chart in Exhibit 1.These and the establishment of priorities elements include: that characterize successful strategic • Initiating and organizing the planning."3 process 5 Exhibit 1: The Strategic Planning Process INITIATION & ORGANIZATION ANALYSIS Conduct Economic Assessment Identify Local Issues FORMULATION Envision r Define Goals/Objectives - -� Develop Strategic Actions > Finalize Strategic Plan v IMPLEMENTATION Assign Organizational Responsibilities Allocate Resources ; v Formulate Organizational Develop Work Programs Strategic Action Plans v EVALUATION Monitor >- Review Performance H Analyze Impact 6 Initiatingand O Th1eStrategic annin roceSS Chapter 3 "Can two walk together,except organizational "turf"battles, and represent "authority,"but also those they be agreed."-Amos 3:3 other such problems trigger leader- leaders who exert "influence" and The most difficult part of any plan- ship interest in improving the local are often the real powerbrokers. Hing process is getting it underway. situation. After key leaders are identified,it The complexity of the typical is important to gain their commit- community makes the economic The importance of ment to the planning effort.This can development planning process all be accomplished in a number of the more difficult to initiate. Ideally, stakeholders cannot be ways.An effective means is to lead someone or some group with stature overemphasized. Their these individuals through a presenta- tion the communityhas to "champion" tion of the strategic planning process p absence is likely to doom so that it becomes clear just what the process and convert others to theyare beingasked to support.For anyformal economic pp the cause.Typically, it is upto an example,a half-day workshop to economic development professional, development program. explain the concept to such leaders the chamber of commerce executive, can head off misunderstandings.In the city manager, or someone in a Once a "champion"for the addition,the local strategic planning similar administrative position to process emerges, the next important "champion"may also need to meet get it going. step is to identify the local leader- with key leaders on a one-to-one Occasionally,a strong local leader ship, or "stakeholders,"who should basis to enlist their support. will emerge who believes strongly in be involved.The term stakeholder If it is determined that many of the process and is willing to do what- refers to an individual with a long- the key leaders do not support the ever is necessary to make it happen. term interest or stake in the proposed strategic planning process, The individual who serves in this economic future of the community. despite all efforts to educate and "champion"capacity should be famil- The importance of stakeholders persuade them otherwise,the process iar with how the strategic planning cannot be overemphasized.Their should be abandoned. Otherwise,a process works,and should be adept absence is likely to doom any formal lot of effort may be expended with at consensus building.A growing economic development program. little or no hope for the implementa- familiarity with the strategic planning The support of the community and tion of the recommended actions. process—particularly among individ- its leadership is critical in funding, As the strategic planning effort uals holding management positions— implementing,and evaluating the moves forward, a steering committee makes the process more readily various aspects of a strategic plan. or task force should be formed to accepted among community leaders However,it is not easy to identify manage the process.This group than it was 10 years ago. community leaders who will be should be large enough to be repre- The motivation to initiate the particularly crucial to the development sentative of key stakeholder groups strategic planning process locally process,and enlist their support. but small enough to reduce schedul- usually is derived from an interest Generally,it is less difficult in ing complications and to facilitate in establishing a more effective smaller communities to determine the group process.It is particularly economic development program. who provides strong leadership than important that the committee This can happen only when commu- it is in larger cities or metropolitan include individuals with an on-going nity leadership is convinced of the areas,where the leadership situation interest in and responsibility for local need for change. Concerns over inef- is often very complex.Moreover, it is economic development.Ideally, fective programs, deteriorating important to enlist the support not committee members should include: infrastructure, a declining job base, only of those elected officials who 7 i • Representatives of the electric devote time to this planning process • Updating and adjusting the plan and gas utilities and who are willing to promote it. after completion of the initial • Officers of local banks Furthermore,it is important to effort.5 • City or county planners develop a group that is enthusiastic, The most successful economic • City managers has unity of purpose,is committed development planning efforts incor- • County supervisors to action, and is willing to take risks. porate the desires,expectations,and • Union leaders Although functions and responsi- needs of both the public and private • Representatives of local school bilities of the steering committee will sectors from the inception of the districts and post-secondary vary extensively,they may include: planning process.In many cases,the educational institutions • Raising funds to support the strategic planning process can • Director of the chamber (or cost of the strategic planning provide an effective environment for chambers) of commerce process,if such funds are found developing meaningful public/private • Director of the convention and necessary. partnerships that often lead to visitors bureau • Developing or approving the greater unity in the community. • Commercial/industrial realtors design of the planning process. In the long run, economic and/or developers • Establishing policies and proce- development occurs as a result of • Director of the economic dures. private-sector investment responding development organization • Inviting and encouraging others to profitable opportunities.The public • Representatives of key to participate in various phases. sector can improve the local environ- employers • Assuring that an adequate ment for investment,but generally it cross-section of community cannot directly determine the nature In the long run, economic interests is represented. or level of private-sector activity. • Selecting leaders for various The balancing act between the two development occurs as a parts of the process, such as sectors involves the socioeconomic result of private-sector heading up task forces for welfare of the citizenry versus the specific areas of activity. profitability of individual firms. investment responding to • Developing a planning Therefore,it is important that both profitable opportunities. timetable,and monitoring sectors are integrally involved compliance. in determining and addressing the The composition of a strategic • Authorizing expenditures. community's economic development • Resolving conflicts and incon- needs,problems,constraints,and planning steering committee is criti- cal.Little will be accomplished if the sistencies during the course of opportunities. Clearly,the strategic interests of key decision-makers and the effort. planning process,properly instituted, powerbrokers within the community • Reviewing draft reports. can lead to better coordination of are not represented.The committee • Presenting the plan to the various community efforts. also needs people who are willing to public. 8 E, m /r C Economic Development for Small Communities and Rural Areas Phillip D. Phillips, Ph.D. Community Information and Education Service Programs Office of Continuing Education and Public Service University of Illinois at Urbana-Champaign i eE Establishing a Successful Economic Development Program 21 and radio and television as well should report news, not make it. If a story could cause a company to change its decision and thus cost the community an investment, the media should wait. It is better to carry a story about a facility locating in the community than causing the facility • to go elsewhere. Steps in Getting Started One of the most commonly asked questions in economic development in a smaller community or rural area is:How do we get started?Often no economic development organization exists yet, but only a small nucleus of people who believe that something needs to be done to help ensure the future prosperity—indeed the very survival—of their community. Very little can be accomplished without an organized effort, so the logical first step is for this nucleus of concerned citizens to begin to create a formal development organization. Define the Area to Be Served The first question that a group interested in economic development should ask is: What is our community?That is, what is the geographic scope of our development efforts?This may not be as easy to answer as it would seem at first. Will your organization serve a single community, the entire county, or some larger region?Many good arguments may be made for a regional effort, including the regional impact of new job creation and the greater financial and manpower resources that a regional group may have. On the other hand, elected city officials may be concerned primarily with improvement of their jurisdiction's tax base. They will be much less enthusiastic about promoting growth if it is not within the city's or village's corporate limits. There is no single correct answer; successful development programs exist for particular cities, for counties, and for larger multicounty regions. What is important is that there be consensus within the group as to the geographic scope of the area to be served. Encourage a Wide Range of Participants A second major question for a new (or continuing) development group is: Who should be members of the group?As suggested above, a broadly based group is much more likely to be successful and to endure. Thus another item high on the agenda of a new(or an established)development group is to include as many individuals and interests as possible. Who might be included? In no particular order, some likely members are representatives of the following groups: 22 Economic Development for Small Communities and Rural Areas • The local chamber of commerce and the business community • City, village, township, and county government • The school district • Banking • Real estate sales and development • Organized labor • Special governmental districts—drainage, parks, and so forth • Local two- and four-year colleges • Agriculture • Women • Minority groups • Downtown merchants • Outside development allies, including representatives of local utili- ties, the state department of commerce, and other groups having an interest in the growth of your area Some people will want to participate even though they do not fit into a readily defined group and will derive no special benefit from increased economic development. Recognize as well that some people, such as bankers and developers, will have some clear personal benefit. It is { important to avoid favoritism, or even the appearance of favoritism, toward particular individuals or businesses in community development efforts. Of course it is never possible to satisfy everyone. Madisonville, Kentucky, has a sign at the entrance to town that says, "Home of 10,000 happy people and a few soreheads." In economic development, the soreheads are people who are not wiling to devote any of their time and effort to the process and then complain that the results are not what they wanted, ask why they were not consulted, and complain that the group gave preference to someone else. Establish a Formal Organization Once you have defined what area you are working for and have brought in a wide range of participants, the time has come to develop a formal organization. Some members of the group may resist this, but my experience indicates that a stable, long-term organization must have a formal structure. This structure has several key components: • Elected officers who generally include at least a president, a vice president, a secretary, and a treasurer. Terms of the officers should Establishing a Successful Economic Development Program 23 probably be no less than two nor more than three years. This allows time for officers to get to know their jobs while ensuring that leadership will rotate in order to bring in new blood. • Formal bylaws definingthe purpose of the organization, officers, dues(if any),meeting times,qualifications for membership, quorum, and other basic aspects of organizational structure. • Standing committees to deal with topics of continuing interest, such as retention, marketing, and sites. Use of committees is an excellent way to involve a wide range of people and to develop future leadership. • A budget that includes both expenses and sources of revenue. Even if your organization does not have a paid staff, it will need a budget for supplies, travel, memberships, training, and marketing materials. There is no such thing as a free lunch or a free economic develop- ment program. Knowing how much money will be required, where it will go to—and come from—is important. You will of course want to keep expenses in line by using volunteers when possible and by getting in-kind contributions such as having a local copy shop print site brochures at cost or, better yet, for free as a public service. Additional aspects of developing a specific work program and budget are discussed in more detail in chapter 6. Sources of Information Additional information on procedures for getting organized is found in the American Economic Development Council and The Fantus Company, Guidelines for Establishing an Economic Development Organization; Howard D. Bessire, A Handbook for the Eighties;Matt Kane and Peggy Sand, Economic Development: What Works at the Local Level;and Ken- neth C. Wagner, Economic Development Manual. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE,MINNESOTA MAY 12, 1999 Mayor Brekke called the meeting to order at 5:01 p.m. with Councilmembers Link, Amundson, Sweeney and DuBois present. Also present were Jim Thomson, City Attorney;Mark McQuillan, Park and Recreation Director, and Judith S. Cox, City Clerk. Link/Sweeney moved to approve the agenda. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 5135, A Resolution Canvassing Returns of Special Election, and moved its adoption. Motion carried unanimously. Judy Cox stated that the Fire Department is requesting approval to serve alcohol at a retirement party at the new fire station on May 21st. City Council approval is required for consumption of alcohol on public property. Link/DuBois moved to approve the serving of alcohol at a retirement party at the new fire station on May 21, 1999. Discussion followed. Motion failed 3 to 2 with Councilmembers Amundson,DuBois and Sweeney opposed. Mark McQuillan stated that the Council's recent decision to close the municipal pool has created a stir in the community. He updated the Council on recent conversations he has had with Mr. Tom Schaffer, US Aquatics. Mr. Schaffer has agreed to conduct further tests to determine whether or not it is safe to swim in the pool. He said that no action is requested tonight and that Mr. Schaffer will be present on Tuesday to make a report. Funding options for the pool repairs will also be presented. Ron Stellmacher, Facilities Manager, approached the podium and stated that it is unfortunate that he was not at the meeting earlier when the status of the municipal was discussed. In his three and one-half years nothing has been brought to his attention that the pool needs to be closed. It is a safe environment. It is an old facility and needs to be upgraded and there is a plan to do so. He emphasized that it is still a safe environment. He has worked with Mr. Schaffer for over a year and there has never been mention that there was a problem and that the pool needed to be shut down. He said that Mr. Schaffer is willing to test the water quality, as he has never tested our water quality. Discussion ensued regarding the status of the pool, filtration, upgrading the chlorination and the recommendations of US Aquatics. Cncl. Link stated that if we get the necessary information on Tuesday, there could be a quick fix so that the pool could be used for the summer. Mr. Stellmacher stated that swimming lessons are set up to take place at the junior high pool. Official Proceedings of the May 12, 1999 Shakopee City Council Page -2- Sweeney/Amundson moved to adjourn to Tuesday,May 18, 1999, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 5:40 p.m. c) . aA/& ith S. Cox ity Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE ADJ.REG. SESSION SHAKOPEE,MINNESOTA MAY 18, 1999 Mayor Brekke called the meeting to order at 6:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney (at 6:45 p.m.) present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; and Judith S. Cox, City Clerk. Mark McNeill stated that there are two items to be talked about before the 7:00 p.m. meeting. One is a legislative update on transit and transportation and the other is a presentation by the Scott County Administrator. Tom Poul, Messerli & Kramer, approached the podium to give an update on Suburban Transit Association (STA) activity and a summary of the legislative session as it relates to transit. Overall, he reported that transit at the legislature fared better than transportation or roads and bridges. He attributed a large part of this to the light rail transit package. The bus system also received a $7 million increase per year. The Metropolitan Council asks for bonding money for capital every other year. This year they asked for $52 million and received $36 million. This time around there were no capital projects for Shakopee. Overall, this is enough to complete most of the projects while providing expanded services. The largest dollar project in the STA was the bus garage for the Eden Prairie area, which was approximately $5 million. A lot of it was buses, and park and rides. Having to ask for funding every year is frustrating and representative Dan ( Makaroy) has offered to look at a way of getting a permanent source of funding next year. When asked how opt-out communities fare compared to communities that opt-in and whether they are looked at differently by the legislature, Mr. Poul stated that it is part of the whole Metropolitan Transit System. He said that in the past there was some animosity between the opt- outs and the core city providers. However, over the last three years the relationship has improved. Michael Leek agreed that there is an improved relationship between the opt-out transit providers and Metro Transit, and said that both sides have decided that it is in their best interest to work together. Mr. Poul explained that it was a pivotal decision to decide to move forward with the light rail bonding. The total project cost is $446 million, of that $223 million will be paid by the federal government, leaving $123 million for local match which includes the airport, Hennepin County and the City of Minneapolis. He said the $60 million included in the bonding bill this session was the most debated issue but is well on the way now. He said if the government doesn't require the project to happen soon, otherwise the money will go away. January 1, 2001 is the deadline to get a federal approval of the project. The Minnesota Department of Transportation will build the light rail system but the Metropolitan Council will run it. Official Proceedings of the May 18, 1999 Shakopee City Council Page -2- It appears to be $10 million a year to operate the system, $4 million in fare box recovery, leaving $6 million gap a year. The Metropolitan Council has some federal funding to help cover operating expenses for a few years. After that, a decision has to be made as to how to pay for it. This will be debated at the legislature. Mr. Poul said it is important to note that the Suburban Transit Association took a formal petition supporting the light rail transit project because they believed that it was a mode of transportation that would compliment and support the busses. The high occupancy vehicle lanes (HOV) and the ramp bypass meters were also important issues and remained through out the legislation. MnDOT conducts a lot of studies that show that the ramp meters work to regulate traffic and reduce accidents. The meters also provide incentives for people to ride busses. The tab fee registrations did not get approved reduction; the money is dedicated to roads and bridges and reducing the fee would create a $200 million hole in the fund. Michael Leek explained that one of the reasons he chose to remain active with STA is that transit alternatives are important as the community grows. Dave Unmacht, Scott County Administrator, approached the podium and explained that one of the County's objectives is to enhance relationships. He said his interest is in doing a better job in the day to day government affairs and to work with the City staff on long term vision of intergovernmental relationships. He also provided Councilmembers with a summary of the County's accomplishments for 1998 and goals for 1999. He also listed issues that are going on now in the City and County such as courthouse remodeling, County CIP, growth and development, land use planning, park policy and amphitheater(s), economic development, and Vision Shakopee! In closing, Mr. Unmacht offered to engage City officials in Scott County in a Scott County Government Primer, and said that the County Board Mission Statement is to deliver quality public services to all citizens in an effective and professional manner. Councilor Sweeney arrived and took his seat. Mayor Brekke stated that a master plan for the parks system is needed and that the Scott- Hennepin Park partnership is an asset for the County. He said he would like to see Scott County with the amenities that Hennepin County enjoys in the future, and encouraged Scott County to look at the master plan of the regional park system and to pass that on to the Board. He also said it would be beneficial if staff from the County and the City along with elected officials could meet in the near future to review the results of the recent traffic study on County Road 17 and 169. Official Proceedings of the May 18, 1999 Shakopee City Council Page -3- Cncl. DuBois encouraged a good working relationship with traffic issues as well as becoming more proactive than reactive regarding County/City traffic issues. Mr. Unmacht stated that different and more creative ways need to be discovered in order to interact with cities and townships on traffic issues. A recess was taken at 6:52 p.m. The meeting re-convened at 7:03 p.m. Additional staff present were: Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Greg Sticha, Accountant; and Ron Stellmaker, Facilities Manager. The pledge of allegiance was recited. The following item was added to the agenda: 15.E.7. Accept resignation of Planner I, Tim Benetti. Sweeney/Amundson moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.B.8. Receive Feasibility Report for Vierling Drive Improvements from CSAH 17 to Miller Street, 1999-5; 15.B.10. Ordering Report for Improvements to CSAH 17, 17th Avenue and Sarazin Street; 15.B.11. Approving Wetland Replacement for Southbridge Cove; 15.C.4. Authorization to Hire Police Officer; 15.E.4. Use of a Cash Manager; and 15.E.7. Acceptance of Resignation of Planner I, Tim Benetti. The following items were removed from the Consent Agenda: 14.A. Final Plat of Orchard park West P.U.D. 3rd Addition; and 15.A.5. Text Amendment Regarding Silos. Link/Sweeney moved to approve the Consent Agenda, as modified. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. There was no response. Link/Sweeney moved to approve bills in the amount of$554,911.63. (Motion carried under the Consent Agenda). Gregg Voxland reported that the 1998 Comprehensive Annual Financial Report for the City of Shakopee has been completed. The firm of Kern, Dewenter and Viere, Ltd. has been retained to audit the city's financial records and is here to make a report to Council. Official Proceedings of the May 18, 1999 Shakopee City Council Page -4- Loren Viere, approached the podium and explained that because the City received some Federal grants there are additional requirements and reports. He also said the Y2K issue disclosure is • unaudited as it is beyond the scope of the audit. A single audit because the City received more than $300,000 in Federal grants, the source of those federal funds must be disclosed, and the internal controls and compliance areas must be reported on. He said that the City did comply in all respects with the requirements. On the internal controls area there was one reportable condition, that was a lack of segregation of accounting duties. However, this is because the City does not have a large enough finance department to have complete segregation of duties. Deposits and investments, contracts and bidding, conflict of interest, public indebtedness, and claims and disbursements are all taken into consideration when addressing compliance issues. Mr. Viere reported that there were no current year findings, which is very unusual. Over a five year period from 1994-1998, the General Fund revenues increased at 17% while expenditures grew at 15%, and the total fund balance went from $3,828,000 in 1997 to $4,019,000 in 1998. There is $3,455,000 undesignated, which provides an undesignated six month fund balance in comparison to operating expenditures. In answer to the question as to where the funds come from, 42% were from taxes, 18% governmental and 16% licenses and permits. The fund expenditures were comprised of 39% public safety, 25% general government, 24% public works and 6% miscellaneous and recreation. Governmental funds rose from 1994-1996, decreased slightly in 1997 and recovered in 1998. Special revenue is up as are capital programs for the five year period. With the current outstanding debt, the year 2000 will be the high point. The next five years will require considerable resources to be committed for repayment of various general obligation, tax increment and revenue bonds, including both principal and interest payments. The City has five enterprise funds, all of which showed positive net earnings for 1998. The Electric, Water and Sewer Funds report the highest operating income. The Recreation Fund continues to struggle in generating operating income, requiring transfers from other funds to subsidize operations. A discussion ensued regarding the recreation fund. Mayor Brekke stated that this is an intentional subsidy that the City has placed in the recreational fund and asked if it would be more informative to show something that says the recreation fund is going to charge the City for the provision of these services, as is the case with the storm drainage fund. This way the subsidy for recreation would be a budgeted item each year. Official Proceedings of the May 18, 1999 Shakopee City Council Page -5- Mr. Viere explained that the intent is to show that they will not be self sufficient from the standpoint of fees and operating expenditures, and whether those fees are covering operating expenditures. If the City intends to continue to make up the difference then it would be useful to add another component to demonstrate that the fund is doing fine. The Equipment Fund has shown increasing growth and income each year since it was created in 1995. The tax capacity decreased as a result of the legislature changes between the market value and tax capacity. The certified levy also decreased from 1997 to 1998. Mr. Viere reported the bond rating to be A2, which is very good. Mr. Viere reported that the audit process went very well, that the financial records were in excellent condition and that the staff was very helpful. In addition, the report also reviewed a certificate of excellence in financial reporting. Gregg Voxland explained that the City changed auditors and that the report was completed a month in advance as compared to pervious years. Sweeney/DuBois moved to extend a resolution of appreciation to Gregg Voxland and his staff for their excellent work once again. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed vacation of the alley in Block 36, Original Shakopee, between Shumway and Pierce and between 2nd and 3rd. Michael Leek stated that the City received a request from Valley-Dynamo LP to consider the partial vacation of the alley located in Block 36, Original Shakopee City Plat, between Pierce and Shumway Streets. This alley was initially approved for partial vacation by the Common Council on May 14, 1957. However, the resolution approving said vacation was returned without the mayor of Shakopee's signature due to his objections. Mr. Puffer, on behalf of Valley-Dynamo is requesting action to officially vacate the alley by the City Council to help alleviate future title problems. Due to the presence of existing utilities on the westerly edge, the vacation will be subject to the retention of an easement over the west 71.05+feet of the alley. No other comments were received regarding this request. The Planning Commission recommended approval of the • partial vacation request. Mayor Brekke asked if there was anyone present in the audience who wished to address the City Council on this item. Joel Puffer, Attorney representing ValleyDynamo LP, approached the podium and reportedorted that they concluded that nothing had been vacated in 1957 because somewhere along the way a misunderstanding place lace and a building was constructed. There is a gas line that runs approximately 100 feet under the building and serves no useful purpose. Mr. Puffer said that if the gas line has not already been capped, it will be capped soon. Official Proceedings of the May 18, 1999 Shakopee City Council Page -6- Mayor Brekke asked if there was anyone present in the audience who wished to address the City Council on this item. There was no response. Mayor Brekke closed the public hearing. Link/Amundson offered Resolution No. 5139, A Resolution of the City of Shakopee Vacating Part of Alley in Block 36, Original Shakopee City Plat, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed vacation of drainage and utility easements within Boulder Ridge. Michael Leek stated that Sand Properties, Minnesota, Inc. has requested the vacation of easements that will not be used. The Planning Commission reviewed the proposed vacation and recommended vacation of the subject easements. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on this issue. There was no response. Mayor Brekke closed the public hearing. DuBois/Link offered Resolution No. 5140, A Resolution of the City of Shakopee, Vacating Drainage and Utility Easements Located in Lot 2,Block 1 and Outlot A, Boulder Ridge Addition, City of Shakopee, Scott County, Minnesota. Motion carried unanimously. t ) to ow Michael Leek stated that Ms. Lebenro osedhad l 5 foot s tback to rep ace ouested a Conditional Use ne which she lost last oversized accessory garage with a p p year's storm. The Board of Appeals did grant approval for the over height structure but included a condition that it meet the 20 foot setback requirement. (The request is for property described as Lot 10, Block 60, City of Shakopee.) Previous discussions of the old Shakopee zoning included uniformity of set backs within blocks. Consistent with that, Cncl. Sweeney stated that because it is the intent of the old Shakopee zoning to match the 15 foot setback, and the requested setback matches the setback of the residences, the request should be allowed. Sweeney/DuBois moved to approve the appeal request of Ms. Lebens to allow the 15 foot setback as shown on the plans provided (from the Shumway right of way line) and direct staff to draft a resolution consistent with that determination. Motion carried unanimously. Official Proceedings of the May 18, 1999 Shakopee City Council Page -7- Mark McQuillan, Parks and Recreation Director approached the podium and explained that public reaction to the decision to close the pool for this summer has been very strong in opposition. Therefore, Mr. Schaffer of US Aquatics has agreed to conduct some tests to see if the chlorine and ph levels could be improved enough to allow the pool to re-open. The tests would be conducted in two (2) stages. Stage I involves filling the pool and testing water quality with no improvements to the pool. The water would be sampled at various times of the day for one week. Stage II involves installing a new chlorine system. Again, the water would be sampled for one week. The results will be shared with the City Council and, at that time, Council can decide whether or not to re-open the pool. The estimated cost for a new automated chlorinator is $24,490. Sweeney/Amundson moved to direct staff to obtain a second quote on the chlorination system for the municipal pond. Motion carried unanimously. Mr. Deneen explained that while they may be injecting more chlorine to balance the ph but that does not necessarily mean the ph level will reach zero in all areas. He said as the weather warms and the number of users increases there may be times when the pool will be closed to maintain the water quality standards. Sweeney/DuBois moved to proceed with the water quality tests at the municipal pond. Motion carried unanimously. Sweeney/Link moved to fund the swimming pond reconstruction project through the Building Fund. Motion carried unanimously. There were no liaison reports. A recess was taken at 8:11 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:24 p.m. Michael Leek stated that Laurent Builders is requesting approval of the Final Plat for Orchard Park West 3rd Addition. The development will plat 26 lots for single family detached residential development. The Planning Commission has reviewed the request and recommended approval. Amundson/Link offered Resolution No. 5141, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Orchard Park West PUD 3rd Addition. Motion carried with Mayor Brekke Abstaining. Official Proceedings of the May 18, 1999 Shakopee City Council Page -8- Michael Leek stated that Heritage Development of MN, Inc. is requesting approval of the preliminary plat of Shenandoah Apartments. Fourteen buildings having a total of 290 units are proposed with a gross density of 13.09 units per acre. The R-3 zoning permits net densities of 11- 18 units per acre and the net density for this project is 14.8 units per acre. The Planning Commission recommended approval of the preliminary plat with a number of conditions that are contained in the resolution. The applicant has been unable to comply with the condition that relates to hydrant locations because staff has not been able to get clarification from the fire department of the desired locations. As an alternative, a revision of the utilities plan must be made before releasing the plat for recording. The configuration of the plat, as suggested by the County Surveyor's office, does not comply with the lot area requirements of R-3. Therefore, the lot configuration should be revised to comply with the standards with the final plat submission. Mr. Bisch approached the podium and explained that this project will be at market rate and they expect the residents to be standard apartment dwellers. Rents are anticipated to begin at $700 for a one bedroom. They are looking at adding a pool and a community center on Outlot"A". Sweeney/Link offered Resolution No. 5143, A Resolution Approving the Preliminary Plat of Shenandoah Apartments, and moved its adoption. Motion carried with Cncl. DuBois abstaining. Michael Leek stated that Oppidan Investment Company has made application for preliminary plat approval for the proposed Shakopee Valley Marketplace for the proposed Target store. The plat proposes the creation of four lots on 17th Avenue and two on Sarazin Street. The Planning Commission reviewed the application and recommended approval. Discussion and action were temporarily deferred until after disposition of the appeal by Oppidan of the Board of Adjustment and Appeals' denial of a Conditional Use Permit (CUP) to allow a retail center, drive-through facility and a gas station. Michael Leek stated that Oppidan Investment Company has applied for a CUP to allow a retail center, drive-through facility, and gas station. The Board of Adjustments and Appeals (BOAA) reviewed and denied the application and Oppidan has appealed that denial. Mr. Leek explained that there was a desire on the part of the BOAA to have the Target store located closer to C.R. 17; to have the gas station on a different site within the project; to know the identity of all potential occupying businesses in the retail center; and there was dissatisfaction with the staggered alignment of the driveway accesses on Sarazin St. A discussion ensued in which Councilmembers stated that absent a specific position by the Board of Adjustments and Appeals, there should be approval. Official Proceedings of the May 18, 1999 Shakopee City Council Page -9- Paul Tucci, Oppidan, Inc., approached the podium and stated that this plan has been a collaborative effort by all parties involved. The position of use is based on feedback from both County and City staff, users and consultants. As far as the issue of an internal sidewalk connections, he said this was a safety issue, not wanting a number of crossings inside of a commercial setting. He said they were agreeable with the remainder of the recommendations. Mr. Tucci explained that the truck delivery facilities were moved away from the east side of the facility, further away from the residential area. The setback is also 15 feet further west than required. In addition, berming which ranges from 4.5 feet to 7 feet is placed along their side of the Sarazin St. right-of-way extension. To address traffic concerns, Mr. Tucci stated that the owners of the gas station feel that the present location is the best location for them to do their best business in this overall development. He said the traffic study took into consideration full development on the west side as well as a high turnover restaurant and a drug store versus a general retailer. Mr. Tucci stated that there will be a feasibility study. He also said they have already met with City and County to discuss improvements. The traffic report had no comments regarding these issues and their effect on the adjoining properties. He said they also felt that staggered access points did work. A recess was taken at 9:07 p.m. The meeting re-convened at 9:20 p.m. Mayor Brekke questioned if parking on the east side of Target could be reduced to allow the same screening and berming as to the south. Discussion followed. Mr. Tucci stated that they can work with staff on berming within the right of way. Link/Amundson moved to approve the appeal of Oppidan Investment Company for a Conditional Use Permit for a retail center, drive-through facility and gas station and directed staff to prepare a resolution consistent with that determination. Motion carried unanimously. Sweeney/Amundson moved to direct the City Engineer to investigate and share findings with Oppidan to increase berming to higher than three feet on the east part of the parcel. Motion carried unanimously. Link/DuBois moved to direct staff to prepare a report on the width of Sarazin Street south of St. Francis Avenue. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 5145, A Resolution of the City of Shakopee, Minnesota, Approving the Preliminary Plat of Shakopee Valley Marketplace, and moved its adoption. Motion carried unanimously. Official Proceedings of the May 18, 1999 Shakopee City Council Page -10- Michael Leek stated that Continental 89 Fund, LLC has made application for final plat approval for the proposed Vierling Plaza. The plat proposes the creation of two lots, approximately 12.13 acres and 5.14 acres in size. The zoning for this property is Highway Business (B 1). The City received a letter from Tim and Susan Reed, listing a number of factual errors. In response to the assertion that the Final Plat approval for Vierling Plaza was changed from a public hearing to a consent item, Mchael Leek explained that the printed agenda for the Planning Commission meeting of May 6th incorrectly listed the final plat as a public hearing continued from April 8th. The action of the Commission on May 6th regarding the final plat was to correct a technical error in the language of the agenda, and not to change the review requirements. In response to the assertion that the Planning Commission had previously denied the final plat of Vierling Plaza, Michael Leek explained that the Planning Commission originally agreed to review the preliminary and final plats together. However, the Commission always reserves the right to separate the approvals if they deem appropriate. The Commission recommended approval of the preliminary plat on April 8th but took no action on the final plat, because they wanted to see the final plat again in the context of the traffic study. He said the Commission did not deny the final plat. The final plat was brought back for Commission consideration on May 6th. Mr. Leek explained that the recent rains have delayed completion of the survey work by the City's engineering consultant, WSB. Because the applicants are concerned about additional delays in completing the platting of the property, they have urged that the Council be allowed to consider the final plat at this time. Mr. Thomson stated that the developer has agreed to plat and pay the park dedication fees. Regarding the gas pipe line easement and relocation costs for a right turn lane, staff is recommending that the City participate in the costs for the right turn lane only and up to $35,000. DuBois/Sweeney moved to approve Resolution No. 5142, A Resolution of the City of Shakopee, Minnesota, Approving the final Plat of Vierling Plaza, and move its adoption. Motion carried unanimously. Michael Leek stated that due to concern raised regarding fence restrictions on double frontage lots, and direction given by City Council, staff has proposed a text amendment which would allow taller fences on frontages where there is no street access. Three options were presented. (1) Fences four feet high and under shall be permitted within the front yard setback in which no street access is obtained for double frontage lots. (2) Fences up to four feet in height shall be allowed in the front yard setback. (3) Fences six feet high and under shall be permitted within the front yard setback from which no street access is obtained for double frontage lots. Official Proceedings of the May 18, 1999 Shakopee City Council Page -11- Butch Notermann and Greg Pass stated that they were in favor of option 3. DuBois/Link moved to direct staff to prepare an ordinance reflecting the Council's preferred option three, permitting fences six feet high and under within the front yard setback from which no street access is obtained for double frontage lots. Motion carried unanimously. Mark McNeill reported that the Police Department is seeking authorization to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant. Dan Hughes, Chief of Police, stated that the COPS Office is offering up to $60 million to local law enforcement. The primary objective of the grant is to hire additional police officers which will be assigned to work in the school system addressing such issues as gang activity, conflict mediation, mentoring activities, problem solving, truancy, and discipline related to criminal behavior. The Board of Education is in support of a police officer assigned to both the Junior and Senior High Schools. The best scenario for the School District would be to assign one police officer to District is willingto fund n a second officer in the year 2000. The School s in 1999 and the schools 50% of the cost of the officers while they are assigned to work in the schools beginning the Fall of 1999. Jerry Poole, Deputy Chief of Police, stated that a COPS Office grant advisor reports a community is eligible for more than one school resource officer with each grant application. The grant requires the need for an additional school resource officer be justified and a partnership agreement between the City and the School District be in place before grant funds are awarded. The grant application may be staged over 1999 and the year 2000, with a school resource officer hired in each year. The COPS in Schools grant program will pay up to $125,000 per officer over three years with any remainder paid with local funds. The School District's commitment to fund 50% of the cost while the officer is assigned to the schools beginning with year one will reduce the City's obligation over the three years of the grant. The 1999 Police Department Budget will have funds to cover the first year's cash match due to unfilled allocated positions. The City would be able to add an additional officer for approximately one-fifth the cost during the grant period. The additional officer will be available for assignment to the patrol schedule during our busiest months of June, July and August. The City may elect to fund or not fund the position after the grant expires. Official Proceedings of the May 18, 1999 Shakopee City Council Page -12- DuBois/Link moved to direct the appropriate City staff to enter into a partnership agreement with School District #720 and authorize the Police Department to make application to the U.S. Department of Justice, COPS Office, for a COPS in Schools grant for a School Resource Officer in 1999 and the year 2000. Motion carried unanimously. Michael Leek stated that the Planning Commission was presented with a draft business park zoning district for review at a January, 1999, public hearing. The Planning Commission reviewed the text in April and recommended its approval. Amundson/Link offered Ordinance No. 547, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, by Creating a Business Park (PB) Zone, and moved its adoption. Motion carried unanimously. Michael Leek stated that based on the limited experience exercising the retail center CUP process, which involved a number of requested variances, staff felt that a more comprehensive and flexible approach to the regulation of retail centers would be desirable. Staff proposes that retail centers be regulated as planned unit developments (PUDs) rather than conditional uses. A draft ordinance was prepared which amends relevant provisions of the City Code Chapter 11. The Planning Commission also passed a motion recommending that retail center PUDs be reviewed for compliance before any building certificates of occupancy be issued for such project. The Planning Commission reviewed the proposed text amendment and recommended approval. Amundson/Sweeney offered Ordinance No. 548, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Related to Retail Centers, and moved its adoption. Motion carried unanimously. Amundson/Link offered Ordinance No. 549, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, and moved its adoption. Michael Leek explained that negotiations between the Blue Lake Treatment Plant and the Metropolitan Council to allow a silo. He said a CUP was granted which caused concern about what was or was not a silo. Staff followed up on this with a text amendment. Motion carried unanimously. Link/Sweeney moved to extend the 12 month time period for approval of the Preliminary Plat for Maple Trails Estates by an additional 12 months. (Motion carried under the Consent Agenda.) Official Proceedings of the May 18, 1999 Shakopee City Council Page -13- Link/Sweeney offered Resolution No. 5146, A Resolution Setting the Public Hearing Date to Consider the Vacation of Easement located South of Highway 169 and East of County Road 17, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5072, A Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit For a Gas Station and Car Wash In The B-1 Highway Business Zone, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to approve the conveyance of a parcel to Tollefson Development, Inc., and authorized the appropriate City officials to execute the deed conveying said parcel. (Parcel is described as the south 33 feet of the south 1/2 of the southwest quarter of Section 8, Township 115, Range 22) (Motion carried under the Consent Agenda.) Bruce Loney stated that the Public Works Department has identified in the 1999 equipment acquisition requests and the need to replace the current 1984 Iveco chassis with a side load refuse body. Proposals have been requested and received for the purchase of a new Garbage Truck. Staff recommends purchasing an Isuzu Cab and Chassis fro Astleford Equipment Company, Inc. for the price of$24,990. The close proximity of Astleford Equipment Company, Inc. is also an added benefit for service related issues. Staff recommends purchasing the Refuse Packer and Barrel Lift from MacQueen Equipment, Inc. for$20,000 for the Refuse packer, and $4,750 for the Barrel Lift. DuBois/Amundson moved to authorize staff to purchase a Cab & Chassis from Astleford Equipment, Inc. for $24,990 and to purchase a Refuse Packer and Barrel Lift from MacQueen Equipment, Inc. for$24,750 with trade-in. The total purchase of$52,978.43, including tax, to be expended from the Internal Service Capital Equipment Fund. Motion carried unanimously. Link/Sweeney moved to terminate Michael Deliwo's probationary status. (Motion carried under the Consent Agenda.) Link/Sweeney moved to terminate Michael Nelson's probationary status. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5137, A Resolution Accepting Work on the 1998 Reconstruction Project No. 1996-2, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the May 18, 1999 Shakopee City Council Page -14- Link/Sweeney offered Resolution No. 5138, A Resolution Accepting Work on Vierling Drive, from Taylor Street to Presidential Lane, Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition, and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5149, A Resolution Adopting a Revised Assessment for Mares Street, from 13th Avenue to Stage Coach Road (Formerly known as County Road 18), Project No. 1996-4, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 5153, A Resolution Ordering the Preparation of a Report on an Improvement to 11th Avenue, from County State Aid Highway 17 to Merrifield Street and Block 6 Alley Reconstruction, and moved its adoption. In April, a resident of Levee Drive Apartments inquired on repairing the alley adjacent to the apartments, which is Block 6 of the Central Business District. Staff has reviewed the condition of the bituminous surface and a reconstruction of the pavement is recommended. City policy for reconstructing existing paved alleys is usually 100%, except for the Central Business District (CBD). For CBD alleys, the Council will determine the amount to be assessed at the public hearing. For the Downtown Alley Reconstruction Project, the assessed amount was 25%. Because this particular alley does experience more traffic than a residential alley and the existing residential properties on the south side will probably redevelop into commercial properties, staff will seek direction on the assessed amount and prepare a waiver of assessment appeal for the properties adjacent to the alley. The estimated cost to reconstruct the alley is $9,000. If 25% of the cost is assessed, the City's cost would be $6,750. The cost of the bituminous overlay on 11th Avenue is estimated to be $37,000. The City's policy is to assess 25% of the bituminous overlay and in this case the' estimated assessment is $4,625. The total cost to the City for both projects is estimated to be $39,125. Motion carried unanimously. Link/Sweeney offered Resolution No. 5151, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Vierling Drive, from County State Aid Highway 17 (Marschall Road) to Miller Street, Project No. 1999-5, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the appropriate City officials to execute the Recycling Program agreement with Scott County. (Motion carried under the Consent Agenda.) Official Proceedings of the May 18, 1999 Shakopee City Council Page -15- Link/Sweeney offered Resolution No. 5152, A Resolution Ordering the Preparation of a Report for County State Aid Highway 17 (Marschall Road), from Trunk Highway 169 to St. Francis Avenue; 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to the North Plat Line of Brittany Village, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services on the preparation of a feasibility report for County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue; 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to the North plat line of Brittany Village. (Motion carried under the Consent Agenda.) Link/Sweeney moved to provide staff direction on City cost participation on County State Aid Highway 17. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5144, A Resolution Approving a Wetland Replacement Plan for Southbridge Cove Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5147, A Resolution of Appreciation to Joe Honermann, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney offered Resolution No. 5148, A Resolution of Appreciation to Michael Ryan, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the Shakopee Fire Department to advertise for bids on a Thermal Imaging Camera. (Motion carried under the Consent Agenda.) Link/Sweeney moved to authorize the hiring of Cody Horner as a probationary police officer at a monthly rate of$2,743.95 subject to the satisfactory completion of pre-employment medical and psychological examinations. (Motion carried under the Consent Agenda.) Amundson/DuBois moved to accept with regret the resignation of David Nummer as Planning Commissioner. (Motion carried under the Consent Agenda.) Amundson/Link moved to appoint Cory Bullard to fill the unexpired term of David Nummer as Planning Commissioner, for the term ending February 28, 2003. (Motion carried under the Consent Agenda.) The May 19, 1999 worksession on the residential moratorium was moved to May 26 from 5:00 p.m. to 8:00 p.m., for a joint meeting with the Planning Commission. Official Proceedings of the May 18, 1999 Shakopee City Council Page -16- Link/Sweeney offered Resolution No. 5150, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for Shakopee Hockey Association, and moved its adoption. (Motion carried under the Consent Agenda.) Link/Sweeney moved to contract the services of North Shore Advisors as a cash manager. (Motion carried under the Consent Agenda.) As directed by the Council, staff brought back an updated TIF forecast using proposed 1999 compression rates. The revised forecast uses the actual market values and the worst case (3%) for compression of tax capacity rates for the Kmart district. The downtown district was estimated proportionally. For projects, the $300,000 for the referendum was eliminated due to the anticipated 7/1/99 cut off The expenditures for the civic center were reduced to an estimated cost for the sign, assuming it is built and paid for or at least contracted by 7/1/99. There is a projected short fall of TIF to pay off the Chaska Interceptor in the amount of about $231,570. This would have to be paid by other funds, possibly Sewer Fund. Staff's recommendation is to pursue the current path the City's on for TIF expenditures, get the civic center sign and stadium improvements under contract before 7/1/99 with TIF being sited as a funding source in the contract, and to expend the balance of TIF on the Chaska Interceptor as soon as money is available. Sweeney/Amundson moved to direct staff to get the civic center sign improvements under contract prior to 7/1/99. Motion carried 4-1 with Mayor Brekke opposed. No action was taken on the stadium. Link/Sweeney moved to authorize the hiring of Lynette Walsh as Office Service Worker at $12.1457/hr. Step 1, Grade B of the 1999 Pay Plan, effective June 2, 1999, contingent on successful completion of a standard pre-employment physical and background check (Motion carried under the Consent Agenda.) Link/Sweeney moved to accept with regret the resignation of Tim Benetti as Planner I, effective May 26, 1999, contingent upon affirmation of his job offer from the City of Mason City, Iowa. (Motion carried under the Consent Agenda.) A recess was taken at 10:40 p.m. for the purpose of conducting an executive session to discuss labor negotiations. Official Proceedings of the May 18, 1999 Shakopee City Council Page -17- The meeting was re-convened at 10:55 p.m. and Mayor Brekke reported that no action was taken during the executive session. Amundson/DuBois moved to adjourn to Wednesday, May 26, 1999 at 5:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:56 p.m. efritJa, J,OfF. th S. Cox ity Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 1, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; Julie Klima, Planner; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Authority Coordinator; and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following items were added to the agenda: 15.E.8. Adopt physical year 2000 Tentative Budget Calendar for workshops and meetings. 16.A. Discuss Building Permit Applications. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke gave the Mayor's Report. Sweeney/DuBois offered Resolution No. 5160, A Resolution of Commendation to Gregg Voxland and the Finance Department Staff, and moved its adoption. Motion carried unanimously. Mayor Brekke read the Resolution of Commendation to Gregg Voxland and presented him with a framed copy. A Certificate of Achievement for excellence in financial reporting was also presented. This was the 14th consecutive award to the Finance Department. Mayor Brekke thanked Mark Pint and the VFW for the Memorial Day services. The following item was added to the Consent Agenda: 15.E.5. Amending Resolution No. 1891 which adopted Assessments for the V.I.P. Interceptor. The following items were removed from the Consent Agenda: 14.A. Final Plat of Brittany Village 1st, located northeast of CR 17 & 17th Ave E. , Resolution No. 5156. 14. B. Text Amendment Regarding Design Standards in the Highway Business Zone, Ord. No. 551. DuBois/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. Official Proceedings of the June 1, 1999 Shakopee City Council Page -2- Connie Baumann, 2601 Emerald Lane, approached the podium and stated that as the City continues to grow it is important to take care of what we already have. She presented a petition with 108 signatures from residents who feel that the peace of their neighborhood has been shattered by the noise of the bypass. They requested a berm or sound barrier erected near the fire station. She stated that she hoped the City Council would address this issue and give direction to staff. Mayor Brekke explained that there would be time scheduled for a future meeting to discuss this. Cncl. Sweeney explained that the property owner, Mr. Hauer, did not want a berm on his property, and the property owner cannot be forced to construct a berm. A discussion ensued as to what would happen if the land were developed. Mark McNeill stated that he sympathized with the residents but explained that there is no simple solution at this time. Ms. Baumann stated that she hoped the Council would continue to look for a solution. Cncl. Sweeney asked whether the residents would be willing to pay assessments for a berm, should the City acquire the land by eminent domain. Ms. Baumann stated that this is a question for the residents to consider. Bruce Loney stated that MnDOT conducted an indirect source permit through the MPCA, which governs noise standards. He explained that once the source permit is obtained all the requirements of MnDOT are being met. Mayor Brekke asked if there were any other citizens who wished to address the City Council. There was no response. DuBois/Link moved to approve the Minutes of March 16, 1999. (Motion carried under the Consent Agenda.). DuBois/Link moved to approve Bills in the amount of $145,644.16. (Motion carried under the Consent Agenda.) Cncl. Sweeney reported that the legislature determined that if the dollar levy is increased by any amount it must be reflected back to the 1998 tax capacity, and report to the tax payers that the taxes are being raised above what it would have been had the levy not been raised. He said a public hearing is necessary to resolve to increase taxes. Mark McNeill reported that the EverGreen Heights affordable housing project received funding and tax credits and will apply for a CUP permit on June 17. Closing is anticipated to occur in mid September with construction to begin this fall. A recess was taken at 7:31 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:48 p.m. Official Proceedings of the June 1, 1999 Shakopee City Council Page -3- According to the staff report, Tollefson Development, Inc. is requesting Final Plat approval of Brittany Village 1st Addition, located northeast of CR 17 & 17th Avenue E. The Planning Commission recommended the approval, subject to conditions. In response to questions relating to landscaping, Julie Klima explained that the landscape plan for Brittany Village was submitted at the time of the Preliminary Plat and was reviewed with the PUD for this site. She said there is a condition that requires compliance with that landscape plan, and that the applicant provide a landscaping bond in the amount of 115% of the value of the landscaping units to ensure compliance within the first year. Gary Wollschlager, Tollefson Development, approached the podium and stated that there is no berming along Sarazin. However, if a berm were to be constructed, the sidewalks would have to run across the top of the berm. Bruce Loney explained that staff is working with the developer and engineer to place a berm on the west side of Sarazin Street, recognizing that there is an existing water main and a major storm sewer line on that side. Current drawings indicate a berm approximately 5.5 feet high which encroaches into the right-of-way. This might be reduced to allow more room for future maintenance. DuBois/Amundson offered Resolution No. 5156, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Brittany Village 1st Addition, and moved its adoption. Motion carried unanimously. As a result of reviewing design standards in the B-1 district, staff was directed to prepare a text amendment allowing reduced lot size and/or setbacks by conditional use permit (CUP). The language was then revised for clarification of the term "consistent". The Planning Commission reviewed the revised language and the draft language allows reduced lot standards by CUP. In response to questions relating to commercial lot size, Julie Klima explained that the current size requirement is one acre. Smaller size lots would be allowed, with an approved CUP, should this ordinance be adopted, as long as they met all other zoning requirements and were consistent with other properties around them. While Cncl. Link stated that this would create an increase in CUP requests, Cncl. Sweeney argued that it makes sense to develop more commercial properties, consistent with the concept that downtown area consists only of what was there in 1890 isn't viable at this time. He said at some point, the properties on 1st Ave. will become commercial and to restrict them to one acre gets away from what the City wants to see develop in the area. Cncl. DuBois argued that the applicant will want to maximize the building which would compromise landscaping and/or berming. She stated she would like to see two business Official Proceedings of the June 1, 1999 Shakopee City Council Page -4- districts with different criteria for the downtown area and other areas not currently developed. If this is approved, NAPA would be allowed a reduced lot size with a conditional use permit (CUP). Jim Thomson, City Attorney, explained that NAPA's variance was a setback variance and that NAPA would still need a variance, even with a 1/2 acre CUP. DuBois/Link moved to direct staff to come back with current highway business zones and the effect on downtown versus what old Shakopee standards have been up until now. Motion carried unanimously. DuBois/Sweeney moved to table the proposed amendment to City Code Sec. 11.36 Highway Business Zone (B-1) Regulations to Allow Modifications of Design Standards until staff comes back with new commercial zones. Motion carried unanimously. Bruce Loney stated that staff was previously directed to revisit the street width for Sarazin Street, south of St. Francis Avenue. As a result, WSB & Associates created a model to project traffic volumes on future collector streets, to analyze traffic volumes in this area. The results show that Sarazin Street, from St. Francis Avenue south to Valley View Road would have approximately roximatel 3,500 average daily traffic (ADT) in the year 2020, and Sarazin Street, north of St. Francis Avenue is projected to have 5,800 ADT. This would warrant a 2-lane roadway to handle the traffic, with possible turn lanes at major intersection. Staff recommends that either the 36 foot wide street or the 44 foot wide street would work for this particular section of Sarazin Street, south of St. Francis Avenue to Valley View Road. The policy decision for the Council is whether to expend from Capital Improvement Funds for a street oversizing on Sarazin Street at this time. This would allow maximum flexibility at the lowest cost to the City in determining parking or turn lane needs in the future, or to reduce the street width to 36 feet and widen the road for future turn lanes, if necessary. If traffic volumes are a concern, then a 44 foot street width section is recommended. The cost for the extra width for the City is approximately $7,000 for the first 800 feet. A discussion ensued regarding traffic issues and street width. Link/DuBois moved to approve a hard surface area of 44 feet for Sarazin Street, from St. Francis Ave. to 800 feet south, with an 80 foot right-of-way. Motion carried unanimously. Official Proceedings of the June 1, 1999 Shakopee City Council Page -5- DuBois/Link moved to authorize the appropriate City officials to execute an extension agreement, with WSB & Associates, Inc. to consider Rahr Malting's proposal to discharge biosolids into the City's sanitary sewer system. (Motion carried under the Consent Agenda). DuBois/Link moved to direct staff to invoice Rahr Malting Company for the cost of this extension agreement. (Motion carried under the Consent Agenda). Bruce Loney stated that staff received a petition for all way stop sign installation at the intersection of Thomas Avenue and Atwood Street and Hennes Avenue in the Meadows North Subdivision. An intersection study was conducted for this request which concluded, based on the criteria in the recently adopted "Signing Study", that stop signs be placed on Hennes Avenue and Atwood Street. Thomas Avenue was determined to be the major street and based on the number of accidents occurring at this intersection, the stop sign on the minor street is recommended. The curvatures of Thomas Avenue to meet with Fuller Street, and Hennes Avenue to meet with Atwood Street helps compound visibility and distance issues in this area. Traffic volumes indicate a route from 10th Avenue to Apgar Street to get to the Civic Center or Fuller Street. With 1,500 cars per day, Thomas is the major route. Hennes Avenue and Atwood Street have approximately 500-600 cars per day. As far as accidents at this intersection, there have been a total of five. These accident reports are not generally used but these prove that it is warranted, due to the number of incidents and traffic volumes, that signs could be placed at Atwood Street and Hennes Avenue. Sweeney/DuBois moved to install stop signs at Hennes Avenue and Atwood Street at the intersection of Thomas Avenue and Atwood Street and Hennes Avenue. Motion carried unanimously. DuBois/Link offered Resolution No. 5157, a Resolution Receiving a Report and Calling a Hearing on an Improvement for the 1997 Street Overlay(11th Avenue, from County State Aid Highway 17 to Merrifield Street) and Block 6 Alley Reconstruction, Project No. 1999-6, and moved its adoption. (Motion carried under the Consent Agenda.) Julie Klima stated that Richard Shadegg, on behalf of Carlson Real Estate Company, is requesting a waiver of City Code Section 12.08, Minor Subdivision Process, Subd. 1.B. Carlson Real Estate Company has entered into an agreement with Marcus Theaters Corporation of Milwaukee, Wisconsin to sell the existing theater and additional area for . expansion of the theater to include up to 23 screens. Because Marcus would separately own their parcel a division of the property is required. In addition, because the area is Official Proceedings of the June 1, 1999 Shakopee City Council Page -6- completely within the mall itself, the resulting lots would clearly not meet all design standards for the Highway Business Zone(B-1). • Staff doesn't ordinarily support granting waivers to the zoning or subdivision chapters of the City code. However, it is staff's opinion that it is the best approach in these unique circumstances than requiring a complete new plat involving several potential variances. David Wickman, Carlson Real Estate, approached the podium to address questions as to how to deal with everything that has been under common ownership to this point. He said this is a very unusual situation and explained that one option would be to form a condominium association. However, this would be too cumbersome. As an alternative, they decided to have a lot within the building. He said there will be a very definite set of covenants, easements and restrictions which will govern the behavior of the owners of the shopping center and the theater owners. Rather than paying as a normal tenant would on a pro rata basis for water, based on their usage, they will have their own meter. The common areas will continue to be handled on a pro rata share and through a recorded declaration. There will be six screens with stadium seating added to the existing six screens. Carlson also wants the option to add four additional screens in the future in order to be competitive. The theater is anticipated to open by the holiday movie season. Mayor Brekke reported that he has met with representatives of Carlson Real Estate Company and discussed City goals. He said this is a positive investment and will help to make this a viable busy place in our community. Sweeney/Link offered Resolution No. 5168, A Resolution Approving a Waiver to Subdivision Requirements, City Code Section 12.08, Minor Subdivision Process City of Shakopee, Minnesota, and moved its adoption. Motion carried unanimously. Julie Klima stated that Robert and Shona Pulk previously submitted an application for a four foot variance to construct a three season porch. The application was denied due to a 10 foot setback requirement. The residents were of the understanding that they could construct a porch up to a five foot setback. In 1994/1995, the code was changed deleting the"balconies and uncovered porches" language. In 1997, "decks" were added as well as height restrictions to qualify for the five foot setback . The applicant would still be allowed today to build a deck or"uncovered porch" up to the five foot setback. It is the "covered" aspect that makes the variance necessary. Robert Pulk, 1238 Heritage Drive, approached the podium and explained that his wife had purchased the home in 1993 with the intention of constructing the porch. She has spent both time and money into this project including landscaping, and ordered blueprints. He Official Proceedings of the June 1, 1999 Shakopee City Council Page -7- said he could not understand how the improvements to his home would do anything but improve the value of other homes around him. Mr. Pulk addressed condition 1.A. of the criteria and findings regarding reasonable use, stating that he agreed with parts of the criteria but not on others. Criteria 1.D. addresses the uniqueness of the property. He said this addition would face his neighbors garage. He also said his home is only one of two of this particular model on Heritage Drive. The other home is a corner lot, and that resident has placed their porch on the side of their garage. Link/DuBois moved to approve the Appeal request of Robert Pulk, 1238 Heritage Drive, for a four foot variance to the side yard setback and directed staff to draft a resolution consistent with that determination. Motion carried 3-2 with Cncls. Brekke and Sweeney opposed. Mark McNeill stated that the organizers of the Derby Days Celebration have asked the City for financial sponsorship of some of the items which, as of this time, do not have sponsors. The planning has gotten off to a late start this year and the entire celebration was in jeopardy until several people stepped up to volunteer to take on the responsibility a few weeks ago. As a result, some fund raising activities are lagging. Still in need of sponsorship are portable toilets, estimated to cost $1700; a tent for the dance, estimated at $1000; and T-shirts for volunteers, estimated at $1800. The City is asked to consider funding at least the cost of the portable toilets, and the other areas if possible. In the past, the City's contribution has been for in-kind services, police overtime, and public works activities (moving benches and picnic tables, building sand volleyball courts, clean-up, etc.) Shakopee Transit has also sponsored units in the parade, for $600. SPUC has agreed to sponsor half the cost of the portable toilets, which would cost each $850. Sweeney/Amundson moved to make a one time donation of$850 for half of the cost of the portable toilets for the Derby Days Celebration on August 5 - 8th, 1999. Motion carried unanimously. Sweeney/Amundson moved to fund the $850 donation for the Derby Days Celebration from the Mayor/City Council budget. Motion carried unanimously. Sweeney/Link offered Resolution No. 5158, a Resolution Approving Plans and Specifications and Ordering Advertisement for bids for Sarazin Street, from St. Francis Avenue to 800 Feet South of St. Francis Avenue, Project No. 1999-3, and move its adoption. Motion carried unanimously. Official Proceedings of the June 1, 1999 Shakopee City Council Page -8- DuBois/Link offered Resolution No. 5154, A Resolution of the City of Shakopee, Minnesota, Regarding Participation in the Southwest Metro Drug Task Force, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McNeill reported Olympic Pools will be installing a chlorinator at the municipal pool on August 7th. The pool has been filled, however there is not enough data using the old system testing and what the new system will do. Whatever the outcome, the pool could not open until June 21, 1999, as there are too many things that need to be done. Council will be provided with a recommendation regarding a closing policy before the pool would open. DuBois/Link offered Resolution No. 5155, A Resolution of the City of Shakopee, Minnesota, Granting a Conditional Use Permit for an Over-Sized Accessory Structure in the Old Shakopee Residential (R-1C) Zone, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Link offered Resolution No. 5159, A Resolution of the City of Shakopee, Minnesota, Granting Approval of an Appeal By Oppidan Investment Company and Granting a Conditional Use Permit for a Retail Center, Gas Station, and Uses Having a Drive Up or Drive Through Window in the Highway Business (B1) Zone, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Link offered Ordinance No. 550, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 4, Building Regulations, Regarding Fences on Double Frontage Lots, and moved its adoption. (Motion carried under the Consent Agenda). Judy Cox, City Clerk, stated that the current City Code provides for the apportionment of 12 intoxicating liquor licenses between three classes. The purpose of the classes was to insure that there would be some licenses available for larger restaurants and hotels with restaurants that may locate in Shakopee in the future. In 1996, five licenses, in addition to the 12 permitted by law, were approved by the voters. Since that time, new businesses have located in Shakopee and the 12 on-sale licenses have been issued. The City Council must determine whether or not it is in the City's best interest to retain the Classes for liquor licenses and if so to apportion the five remaining licenses. Judy Cox explained that if the five existing licenses were not apportioned into any of the categories currently identified in the City Code, they would be eligible for a restaurant, a motel/hotel with a restaurant, or an establishment that does not sell food. Official Proceedings of the June 1, 1999 Shakopee City Council Page - 9 - A discussion ensued regarding restrictions such as food sales percentages, and the best use of the licenses, in terms of overall development of the city. There was a consensus to reserve three of the five licenses for restaurants with a capacity of 125 or more and two licenses for restaurants with a capacity of less than 125, and at least 50 percent of their sales from the sale of food. Jim Thomson, City Attorney, explained that the ordinance states that no more than seven licenses can be for restaurants smaller than 4,000 square feet, at least three must be in the 4,000 square foot range, and a minimum of two must be for hotels. Mark McNeill reported that he had a discussion with the publisher of Southwest Suburban Publishing regarding possible downtown building sites. With reference to the 1st Avenue and Fuller Street municipal parking lot site, Mr. McNeill said the Mr. Rolfsrud is simply interested in building a quality building at a site along the river because of the amenities to offeringbusiness and that the location offers. He sees the location as a good site for his busin what it can offer his employees and that he could be very flexible and willing to make a more substantial investment to architecturally tie that building to whatever the City would want to see in terms of what type of construction of building could go there. He is also open to buying only the portion of the site that would be needed for the building footprint, or any part or all that might be negotiated. An appraisal has been requested, per Council direction, which will provide a basis for negotiations. A discussion ensued regarding assessments and parking issues and other sites. It was recommended that any proceeds from this particular site be re-allocated to construct parking in other more accessible areas downtown. Councilors DuBois and Link expressed concern about selling the property at this time. There was a 3-2 consensus to proceed with an appraisal which will provide a basis for negotiations. Mark McNeill stated that the Council has been asked to give direction as to how it wishes to handle the recent civil violations of retail establishments that sell alcohol to under age individuals. The State has asked if the City wished to have the State pursue the civil violations. Typically, the State would impose a $500 fine, the proceeds of which they would retain. A discussion ensued in which Cncl. Sweeney stated that in his opinion, selling liquor to minors is a larger violation than selling tobacco to minors. He said the only way to impose a higher penalty than the State's $500 fine, is for the City to handle this themselves. Sweeney/Link moved to direct the City Administrator to inform the State that the City of Shakopee will handle the civil prosecution of alcohol sales violations. Motion carried unanimously. Official Proceedings of the June 1, 1999 Shakopee City Council Page -10- A discussion ensued as to scheduling of hearings for civil violations. Jim Thomson, City Attorney, stated that if the City is contemplating suspension or revocation the State law does require the appointment of an independent hearing officer, if the violator does not admit to the violation. He said staff could proceed on civil hearings but they would be more likely to get admissions after the criminal prosecution. The Council determined that they would proceed with the hearings as soon as possible, with an independent hearing officer, if necessary. DuBois/Link offered Resolution No. 5161, a Resolution Amending Resolution No. 1891, a Resolution Adopting Assessments for 1981-1 Public Improvement Program V.I.P. Interceptor, and moved its adoption. (Motion carried under the Consent Agenda.) DuBois/Link moved to require mandatory direct deposit of payroll checks by all newly hired employees, effective June 1, 1999. (Motion carried under the Consent Agenda). Mark McNeill stated that Council is asked to review a tentative calendar of events for the 2000 budget process. June 29, 1999, was set for a joint meeting with the Park Board and the Planning Commission for discussion on capital improvements. Sweeney/Amundson moved to approve the tentative 2000 budget calendar, as presented. Motion carried unanimously. Cncl. Link discussed the length of time it takes to get a building permit. He said the building department is one of the most profitable departments in the City and when you have to pay $5000-$6000 for a building permit you deserve better service. He explained that the problem is that the department is under staffed at this time. Mark McNeill explained that staff is exploring a possibility of adding an additional full time building inspector this year. However, he said other cities are also having this problem. Sweeney/DuBois moved to direct staff to advertise for a full time Building Inspector and if necessary part time assistance in order to address the problem, and to draft the appropriate budget amendment. Motion carried unanimously. A recess was taken at 9:38 p.m. for the purpose of conducting an Executive Session and to discuss labor negotiations. The meeting re-convened at 9:50 p.m. Mayor Brekke announced that there was no formal action taken by the Council during the Executive Session. Official Proceedings of the June 1, 1999 Shakopee City Council Page -11- Mark McNeill reported that the City has a tentative settlement with the Police Officers Unit for a three year contract. There is one issue that we need to do a survey on, but the . information that he has from two of the representatives is that they would be agreeable to a survey and that is based on how we would handle pay for court time. The three year contract would provide for a 3% increase as of January 1st of each year, retroactive to January 1, 1999. They would also get a 1.5% increase on July 1st of each year. There would be an additonal $25 per year for uniform allowance and the City would pay for a three year licensing that is required to be a law enforcement officer in Minnesota. The pay plan would be split into a two tier system. Officers hired before April 1st will stay on the existing 4-step plan and those hired after that would go to an 8-step plan with annual increases. DuBois/Link moved to incorporate the changes to the Police Officers 3-year contract, as outlined by the City Administrator, and bring back the contract to City Council for formal ratification. Motion carried unanimously. Sweeney/Amundson moved to adjourn to Tuesday, June 15, 1999, at 7:00 p.m. Motion carried unanimously. The meeting was adjourned at 9:53 p.m.ftith S. Cox ' -kak., ). 4,_ ft it Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 19, 1999 Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Cletus Link, Bob Sweeney, Jane DuBois (at 4:40 p.m. ) present. Those absent: Jane DuBois. Also present were Mark McNeill, City Administrator; Gregg Voxland, Finance Director, Mark McQuillan, Park & Recreation Director and Greg Sticha, Accountant. Also present were Larry Meilleur, Planning Commission, Jeff Kaley, Parks and Recreation Advisory Board, Dave Thompson, Shakopee Public Utilities, Chief Mary Athmann, Shakopee Fire Department and Ron Stellmaker, Facilities Manager. Those present from Jacksonville Township: Rose Menke, Norb Theis and Joe Worm. Those present from Louisville Township: Bill Tech, Jim Theis and John Weckman. Mayor Brekke stated that the meeting was scheduled on an annual basis to discuss the Fire Department and Park & Recreation budgets with the townships before the budgets are certified. Mayor Brekke turned the meeting over to Mark McNeill who reviewed the Mayor and Council budget. Mr. McNeill stated that a mission statement and goals had been included this year. He also noted that there was not a lot of change to the 2000 budget. Mayor Brekke questioned whether the budget included a raise for the mayor and council and Greg Sticha indicated that it was included. Regarding the Administration Department budget, Mark McNeil noted that goals had been included this year. He also noted that a full- time administrative aide position had been added. Jane DuBois entered the meeting at 4:40 p.m. Regarding the Finance Department budget, Gregg Voxland noted that the LOGIS conversion would take place next year and would cost approximately $10,000. Mayor Brekke stated that he would like to see the computer equipment listed separately next year. Mr. Voxland noted that the Finance Department budget was about 16% higher than last year and that the biggest piece was in the professional services line item which included the investment manager contract. Mark McNeil reviewed the Legal Department budget. Mr. McNeil noted that the Scott Joint Prosecution was dependent upon the number of cases open. Mr. McNeil noted that currently Shakopee makes up 37% of the total Scott Joint Prosecution cases. Mr. McNeil noted that the Council advises the police to enforce traffic and they do which results in writing tickets. He also noted that he did not know Official Proceedings of the August 19, 1999 Shakopee City Council Page -2- what type of less-cost alternatives would be available. Bob Sweeney stated that he would like to see a breakdown of the what the City receives in court costs and what the State receives. Mr. Sweeney based his request on the fact that the City has to pay for the prosecution costs but the State receives court costs. Mr. McNeil noted that even on cases the City prosecutes, the City is not receiving a lot of revenue in fines because the judges sometimes do not even enforce the minimum fines. Mr. Sweeney suggested discussing the matter with the local newspaper so they could write an article regarding the matter if they were interested. Mr. McNeil noted that the City is looking into the rate of collection of the fines. Mayor Brekke stated the issue would be revisited at the next budget meeting. Mary Athmann, Fire Chief addressed the group. Chief Athmann reported there was a significant increase in the fire pension budget for next year. He noted that there was a clerical error in last year's contribution which was part of the reason for the large increase in that item. Chief Athmann stated that there was also an increase in the operating supplies in that some of the older supplies needed to be replaced. In addition, Chief Athmann also noted increases in the equipment maintenance, professional services and rental of a burn training center. Chief Athmann said that obtaining houses to burn is getting increasingly difficult. He stated that the Fire Department is working to join other cities in a group effort to build a training center. Mayor Brekke questioned whether there was a policy change in the recent past regarding false alarms. Chief Athmann replied that the new policy is in the process and will also apply to the Police Department. Mark McNeill said that currently a resident receives three free calls per year but are encouraged to keep their systems in order to try and decrease the number of false alarms. Bob Sweeney noted that the Fire Department budget excluded equipment depreciation in its goals and Chief Athmann replied that he will include that. Jim Theis stated he would like to see a list of the equipment that is being bought. Joe Worm questioned whether a new satellite fire station was being built at Lion's Park. Mr. McNeil stated that the plan for a new station was in 2002, however, a referendum was needed. Mr. Sweeney recommended having separate billings for the townships to review in addition to the flat charges. He also suggested that the data be provided to the townships prior to the meeting. Norb Theis stated that sometimes the township does not receive a bill for five to six months after the fire and then the bill comes without a name on it. Chief Athmann acknowledged the problem but was not sure how to solve it because sometimes the Fire Department never receives the information the township is requesting. Chief Official Proceedings of the August 19, 1999 Shakopee City Council Page -3- Athmann noted that the Fire Department is trying to deal with the problem. He also noted that sometimes a fire call is canceled, however, the Fire Department proceeds to the scene to doublecheck for itself. Norb Theis also noted that there was a problem with burning permits in that the DNR will not pay for calls called in from people unaware that a burning permit had been obtained. Chief Athmann replied that the Fire Department is attempting to terminate all burning. He noted that when a permit is applied for, the Fire Department tries to check out the site. Jim Theis stated that he believes the Shakopee Fire Department is the best department in the state. Mark McQuillan spoke regarding the Recreation Fund budget. He noted an additional maintenance position was added halfway through the year. In addition, the building maintenance increased substantially due to cleaning contracts, gel-coating the waterslide and other items. Gregg Voxland noted that the depreciation line items had decreased substantially but were now shown in the rental line items. Cletus Link questioned whether a lot of ice time was being sold to Eden Prairie. Ron Stellmaker replied that some surrounding communities take what ice time is left after Shakopee uses the rink. Jane DuBois suggested increasing the open ice time. Mr. Stellmaker noted that there was not a high demand for more open ice time and that the cost would be high. Deb Amundson questioned the decrease in concessions. Mr. Stellmaker stated that most of the reason was due to the pool problem and the turnover in the hockey program. Mr. Stellmaker also noted a substantial increase in supplies which was due to extra programs offered. Greg Sticha stated that activities revenue did increase. He also pointed out that the fees line item is different from the activities line item because the fees represent the amount received from the townships compared to revenue received from activities. Mayor Brekke stated it would be desirable to standardize the fees between the townships. Mr. McQuillan noted that the new software was helpful regarding distinguishing township residents and the township residents were also helpful in noting their township status. Mr. McQuillan stated there were no proposed changes in the township fees. Bob Sweeney stated it would be helpful to know the number of participants for the City and the townships included in the Measurement of Goals section. Mayor Brekke also noted that improvement in the programs should be noted in Goals section and thanked the leadership of the Park and Recreation program. Mr. Sticha stated that a column could be added to show the history of the programs, however, Mr. Sweeney requested a breakdown by participant. Mr. Sticha replied this could be done. Mayor Brekke noted that some activities last for a longer time period than some Official Proceedings of the August 19, 1999 Shakopee City Council Page -4- of the one-time only activities. Mr. Sweeney then suggested going to participant hours rather than participant only. Mayor Brekke stated that doing so would be labor intensive. Norb Theis questioned whether the school district pays for any of its use of the community center. Mr. Stellmaker replied that the hockey program pays for its full use but some of the other smaller groups and non-profit organizations do not pay. Ms. Amundson stated there may be a huge misconception that the program is a huge loss and next year the budget should reflect the donated rental time, etc. Mr. Sweeney noted that the City pays full price to use county facilities and therefore the county should pay full price to the City. Mr. Stellmaker reported that he would take the suggestion to the Park & Recreation Board. Mayor Brekke adjourned the Work Session to Thursday, August 26, 1999 at 4:30 p.m. Meeting adjourned at 6:10 p.m. Respectfully submitted, 111.4 • eudith S. C x City Clerk Janet Vogel Freeman Recording Secretary g CITY OF SHAKOPEE CONSENT Memorandum.Memorandum —NJ TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 2, 1999 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 09/02/99. Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) and Seagate (codes 6654 & 9450 including Canterbury Drive) in the amount of $342 .48 . Also included in the check list but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $15, 541. 19 . Action Requested Move to approve the bills in the amount of $326,463 .49 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/02/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 74,080 0 38,756 52 12 CITY ADMINISTRATOR 219,200 6,190 128,765 59 13 CITY CLERK201,220 5,683 123,361 61 15 FINANCE 348,770 8,668 243,115 70 16 LEGAL COUNSEL 269,000 0 249,114 93 17 COMMUNITY DEVELOPMENT 737,468 8,687 350,282 47 18 GENERAL GOVERNMENT BUILDINGS 232,230 974 114,035 49 31 POLICE 1,930,119 63,662 1,230,130 64 32 FIRE 618,420 9 317,124 51 33 INSPECTION-BLDG-PLMBG-HTG 340,962 9,876 213,608 63 41 ENGINEERING 507,620 19,001 336,857 66 42 STREET MAINTENANCE 827,730 10,844 478,643 58 44 SHOP 145,330 3,592 96,002 66 46 PARK MAINTENANCE 492,090 9,181 293,085 60 91 UNALLOCATED 589,550 -565 -169,889 -29 TOTAL GENERAL FUND 7,533,789 145,802 4,042,990 54 17 COMMUNITY DEVELOPMENT 676,180 0 427,305 63 TOTAL TRANSIT 676,180 0 427,305 63 19 EDA 403,170 2,115 129,384 32 TOTAL EDA 403,170 2,115 129,384 32 H N rn 0 a _ �a a a a 1:140404 a Al a (34 a s a a a a a a a a H i H H H H H H H , H H H HH H H H H H H H H H 01 O ,.• x w 01 OPO 0 a ON H I w z 1 M M M o U LtLu MMM H m N N N H to N MV U) l0 N CO 0) O N Cl O o1 m N N N 01 H 01 MM 01 01 01 01 01 O O 0 01O 01 O 0) D1 0) O1 0) 01 01 O1 O O O toO 0 NNN U) d� a) LoU1 UI U) Ul Ul U1 U) t0 LO tO H 01 0) M Q Q Q 0 ao N 0 00 0 O O O O O O O tM 0) to W re.,W O N V' 0 O O 0 O O 0 O O O O N N 0 M V'a0 H O co U) HH O Cl Cl O O t0 V4 O H N V• V' ao ao ao Cl H N Cl WW 0) co 0) H H H to N Zx H N W HHH VV N H VV HH M H H N N M w M W N V H N N N d' V N Cl NN VV N N V V V Cl V' OPO I iL I L L i I I I i i I I I I I I I I O I N H O NNN N H N H NN H N N H H H H H U H N a0 HHH Ll) H H H 4-1,1 inH H M Cl Cl V to 4 01 V' I 010101 N M 0) V 0101 H 01 01 H H H N N O O 0) 000 O O O O O O O O 0 O O O O O Z H H 4-L z 0 H U] HH (w/) t(0 H a H H W W W 0 W a W x0 a a W H W co x-,-IJ a w 0 a a H x a W4 E 0 Q HH a Q M ) U x U l) \ cel 00 \ v1 cn MU) I a U N H z HM w W >+ H H Ela x 0 H o ao 0 0 0 W Q a El Z w w o °x Z w aWo w Z 0 0 H Z r`' w W 2 z A'd W H W N ao p; o 0 El El 0 c U a z z co N w i rc( g z >+ 4 4 W H U M W x W H HO 114 co OD fx H El a : D mail Cl) w to 0 HH Z N N W Cr) a 3 w Ix. 4 d H W 4 a Cl Z 0 0 0 Ln to a a H W 0 4 a W ZQO U 0 V W 00 U N N 0 0 114 z a a to PP w W WW M 000 w CH/) a H HHH H as x x W W w 4# MMM x HH W W x x 0 x www 0 4 H xx Q0 Q Q a O x 000 \ N Z 00 x w U) x q HHH N W as 0 0 a m z x 9D� H z as 0 0 W W W W W H xxx a W QQ W W x x H 9 x M www a P: p>�+ MM a Pd H H 4 of 0H MMM O O HH Q QM 0 0 0 0 a) H W 22Z D H W £ as 4 4 4 0 0 0 0 W x 000 x x HH 0 0 O 000 0 0 xx f=+ x x H H H H W 4 >4 WWW 0 0 4 W 00 0 H H H H H a g H WWW W W X .7 W W 0 0 0 0 H wwwxx0 W• CA 0 0 0 a aa) a I. * * * * * * * * * * * * * * * * NN NN LOU) NO V'W 00 .44.44 00 00 000 00 NN 00 00 00 00 00 00 El 00 MM MM ao H U)V4 00 WW VV 00 MOM 00 MON MM 00 00 00 MM .. 6 aoao crw WW NL ww 00 NN LOM LOU) WNW 00 WW MM LnLl) MM MM NN 00 O HH SS VV VV H O 00 NN HH NN H lO N 00 00 WW NN NN L}LT NN 0 0 V'V' l0 l0 l0 W H ao H H HH 4.O-M- WW L1-4/f N H M NN WW WW . ) fl• L1-LO. 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W U O E H H Hix w rza Z H H DI wal z z ] 0 Ca H H al Z o a r 3 K4 w w a a w c4 iai z - O O N H 0 0 m w A a 0 X H a a H a+ A w rxi H 4 z a IW W o H ao rn PWC W a 01 W O A rn 4 4 CI' z m Za' H W D 3 • 0 w ca H W H U W H ca H CO CO a C4 H Pa CO W U MH N M V' In M H CO a1 H N O O O O O H 111 O U O H H H H H N 1. V' In LCI H M d• in CO CO N V' O H H H H M V' V' V' 11 V. t� t` t` r t, t-- CO O H U 3t 1t 4,t 3t 3t 4t U 3t 3t it 4:t 4t 4t 4t 3t 4t 4t 3t U P P P ID CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Public Hearing for CSAH 17, from T.H. 169 to St. Francis Avenue, Project No. 1999-7 DATE: September 7, 1999 INTRODUCTION: Attached is Resolution No. 5217, a resolution ordering an improvement and preparation of plans and specifications for improvements to County State Aid Highway (CSAH) 17, from Trunk Highway(T.H.) 169 to St. Francis Avenue. BACKGROUND: On August 3, 1999, City Council adopted Resolution No. 5202, a resolution receiving a report and calling a hearing on improvements to CSAH 17, from T.H. 169 to St. Francis Avenue; 17th Avenue, from CSAH 17 to Sarazin Street; and Sarazin Street, from 17th Avenue to the north plat of Brittany Village. With that resolution a public hearing date of September 7, 1999 was established and notices have been sent to those property owners, as required by statute. Since the August 3, 1999 Council meeting, staff has worked with the developer in order to revise the developer's agreement so that the developer of Shakopee Valley Marketplace can install the improvements to 17th Avenue and Sarazin Street, including the traffic control signal at 17th Avenue and Sarazin Street with the developer's finances and contractor. With that change in the developer's agreement, the City does not need to install the improvements as a public improvement project, and has been removed from consideration with the September 7, 1999 public hearing. (PLEASE BRING YOUR FEASIBILITY REPORT TO THE MEETING). The proposed improvements are for widening of CSAH 17 to a four lane divided roadway,with dual left turn lanes at CSAH 17 and 17th Avenue intersection with a traffic control signal at that intersection. These improvements were based on a traffic study done by WSB & Associates, Inc. for the CSAH 17 corridor, from Vierling Drive to St. Francis Avenue. The feasibility report did look at two alternatives for CSAH 17, with Alternative No. 1 being the improvements to CASH 17, from T.H. 169 to south of 17th Avenue. Alternative No. 2 is the improvement to CSAH 17 , from T.H. 169 to south of St. Francis Avenue. The additional cost for a left turn lane, from CASH 17 to St. Francis Avenue, is proposed to be assessed to St. Francis Regional Medical site. With the CSAH 17 improvement project, the City would be participating in this project based on the Scott County Cost Participation Policy and Scott County Advanced Funding Policy, due to the fact that CSAH 17 improvements are not programmed within the Scott County Five Year Capital Program. The traffic control signal at the intersection of CASH 17 and 17th Avenue would be funded with the County, as per their Cost Participation Policy. The feasibility report includes the widening of CSAH 17 to a four lane urban roadway, proposed as a City/County cost and as per the Advanced Funding Policy. With the Advanced Funding Policy of the County, the City is responsible for any right-of-way costs, design costs, construction inspection costs and 25% of the County's construction costs for the widening of CSAH 17. The County would reimburse the City its share of the costs in the year that the project would be programmed, and that has been indicated to the City that this project would be programmed in five to ten years from 1999. The County would pay for their portion ofthe traffic control signal costs in this year's budget. If this project is approved,the Cooperative Agreement with the County would be needed prior to this project being awarded to a contractor. With the widening of CSAH 17 and the placement of concrete medians for the turn lanes, the edge of roadway will be closer to existing residential properties along the west side of CSAH 17 and south of 17th Avenue. These residential properties will have a right in-right out access onto CSAH 17. Staff has sent letters to these property owners with an invitation to an informational meeting on July 26, 1999, the August 3, 1999 Council meeting and also a public hearing notice was sent to these residents, even though it is proposed not to assess these properties with this improvement project. Staff has sent petitions with waivers of assessment hearing to the property owners of commercial property north of 17th Avenue and on either side of CSAH 17. The Shakopee Valley Marketplace property owners are required to complete the petition, per the developer's agreement. The property owners west of CSAH 17 have indicated a willingness to execute the petitions,however,none have been received at this time. If Council adopts Resolution No. 5217, for the preparation of plans and specifications, staff would request that the City enter into an extension agreement for the design of CSAH 17 improvements with WSB & Assoc., Inc. They have prepared the feasibility report and have the transportation expertise in order to complete this project. Attached to this memo is an extension agreement,with a cost not-to-exceed$54,000.00 for the design of this project. ALTERNATIVES: 1. Adopt Resolution No. 5217, a resolution which orders the project and plans and specifications. 2. Deny Resolution No. 5217. 3. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc,Inc. for the design of this project in an amount not-to-exceed$54,000.00. 4. Table Resolution No. 5217, to allow time for staff to prepare additional information as directed by City Council. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 3, to adopt Resolution No. 5217,which orders the improvement project for CSAH 17, from T.H. 169 to St. Francis Avenue in order to meet the traffic needs in this area. Also an extension agreement with WSB &Assoc., Inc. is necessary for the design of CSAH 17 improvements. ACTION REQUESTED: 1. Offer Resolution No. 5217, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue,Project No. 1999-7 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc.,Inc. for the design of this project in an amount not-to-exceed$54,000.00. 417 :nice Loney Public Works irector BL/pmp MEM5217 SEP-02-1999 13:24 WSB & ASSOCIATES INC. 6125411700 P.02/05 - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WS'S 8441 Wayzata Boulevard Peter R.Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B. Bray,P.E. 612-541-4800 &Associates, Inc. FAX 541-1700 September 7, 1999 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services CSAH 17(Marschall Road)-TH 169 to St.Francis Avenue WSB Project No. 1175.10 Dear Mr.Loney: According to our Agreement for Professional Services within the City of Shakopee and Section l-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work as detailed on the attached scope of services, Exhibit"A". The attached work plan describes the approach and tasks proposed to be completed by WSB. It should be noted that the work plan includes engineering design. Payment of services would be completed by the following schedule: Engineering Design Fee(cost-reimbursable;not to exceed) $54,000 It is proposed that all work under the contract would be considered complete after the preconstruction conference. The construction management phase would be initiated after the preconstruction conference. We are available to begin work plan as soon as authorized by the City,and we anticipate to complete the project according to the following schedule, assuming that we receive the notice to proceed on September 7, 1999. We would propose to complete the project according to a tentative schedule noted as follows: Public hearing September 7, 1999 Order plans and specs September 7, 1999 Receive plans and specs/Order ad for bid December 21, 1999 Receive bids January 27,2000 Award contract February 1,2000 Begin construction March,2000 Substantial construction completion Fall,2000 Minneapolis • Sr . Cloud Infrastructure Engineers Planners Fi»rmNum.10109019btvpd EQUAL OPPORTUNITY EMPLOYER SEP-02-1999 13:24 WSB & ASSOCIATES INC. 6125411700 P.03/05 Mr. Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee Shakopee, MN September 1, 1999 Page 2 The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV ofthe Agreement for Professional Services. Ifthis agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSB&Associates,Inc. 'Smal-A,11)1; Bret A. Weiss,P.E. City Administrator Vice President kd City Clerk Mayor Date Piwrinm n:,o mm-bL,rpd SEP-02-1999 13:24 USE & ASSOCIATES INC. 6125411700 P.04/05 Exhibit A CSAH 17 (Marschall Road)-TH 169 to St. Francis Avenue City of Shakopee,MN WSB Project No. 1175.10 WORK PLAN • Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets,and correspondence with the City of Shakopee on a periodic basis. The project manager will provide technical direction on all aspects of the project,review all work products,and prepare monthly progress reports. The project manager will serve a primary role in the many design considerations. • Data Collection All available data will be collected from the City,Scott County,Mn/DOT,private utility companies, and adjacent developers as necessary,to prepare the construction documents. • Soils Report Soils information will be used from previous construction and adjacent developers. • Construction Plan/Bidding Documents The construction plans!bidding documents phase includes the bulk of our effort on the project. some of the activities associated with this phase and included in the project fee are as follows: Description of the Project It is our understanding that the project, as outlined in the feasibility report, includes the following activities: Surface improvements including all street-related issues on Marschall Road (CSAH 17). Storm sewer adjustments. Street lighting(to be coordinated with SPDC). Traffic signal system at 176 Avenue. Final Design This phase will include the development of bidding documents as necessary to facilitate construction, as well as receive the necessary agency approvals. Preparation of these documents includes,but is not limited to,the following tasks. Preparation of cross-sections at 50-foot intervals. 50-scale plan and profile sheets for street construction, and storm sewer construction. Erosion control/landscaping. Traffic control. Traffic signal plan. Specification. I P WPW7M! mdmr..44,.p! SEP-02-1999 13:24 WSB & ASSOCIATES INC. 6125411700 P.05/05 Exhibit A CSAH 17 (Marschall Road)-TH 169 to St. Francis Avenue City of Shakopee,MN WSB Project No. 1175.10 - WSB will utilize the standard City of Shakopee specification and details. Project- specific items will be addressed in a special provision section, as well as a supplementary general condition section. • Permits All necessary permits will be acquired as apart of the construction plan preparation. The cost of the permits would be paid by the City of Shakopee. • Project Bidding Upon approval of the bidding documents by the City,WSB will distribute the necessary number of plan sets to the City for distribution. WSB will bill the City for the expenses of the plan printing. If requested,WSB will sell the plan sets to prospective bidders and will not refund that deposit to the unsuccessful bidders. In this case,the City would not be billed for the plan printing. • Construction Management/Observation This will be addressed at the time the project is awarded. • Record Drawings These will be completed on a cost-reimbursable basis upon completion of the project. 2 F:i1VPIV v»s IOOETI„ i. d TOTAL P.05 /% e, CITY OF SHAKOPEE Memorandum coNSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Condominiums of Shenandoah Place 2 , DATE: September 7, 1999 Discussion Heritage Development of Minnesota, Inc. is requesting Final Plat approval of Condominiums of Shenandoah Place 2. The subject site is generally located south of Eastway Avenue and west of Alysheba Road. A copy of the August 19, 1999, Planning Commission staff memo is attached for your reference. Alternatives Approve the Final Plat of Condominiums of Shenandoah Place 2, subject to conditions recommended by the Planning Commission and staff Revise the conditions of approval for the Final Plat of Condominiums of Shenandoah Place 2, and approve subject to the revised conditions. Do not approve the Final Plat of Condominiums of Shenandoah Place 2. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Condominiums of Shenandoah Place 2, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5215, a Resolution Approving the Final Plat of Condominiums of Shenandoah Place 2, subject to conditions, and move its approval. uhe Klima Planner II is co mndev\cc\1999\cc0907\fpcshpl2.doc RESOLUTION NO.5215 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF CONDOMINIUMS OF SHENANDOAH PLACE 2 WHEREAS, Heritage Development of Minnesota, Inc. is the applicant and owner of said property;and WHEREAS, the property upon which the request is being made is legally described as follows: Oudot C, Shenandoah Place, according to the recorded plat thereof Scott County,Minnesota. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Condominiums of Shenandoah Place 2 on August 19, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Condominiums of Shenandoah Place 2 is hereby approved subject to the following condition: 1. All conditions of PUD and Preliminary Plat approval shall be complied with. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk 1 cc . CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Condominiums of Shenandoah Place 2 MEETING DATE: August 19, 1999 REVIEW DEADLINE: October 30, 1999 Site Information Applicant: Heritage Development of Minnesota, Inc. Location: South of Eastway Avenue and west of Alysheba Road Current Zoning: PUD Overlay#10 (Underlying Zone of Urban Residential (R-1B)) Adjacent Zoning: North: PUD Overlay#11/Urban Residential (R-1B)Zone South: Light Industrial (I1)Zone East: Major Recreation (MR)Zone West: Light Industrial (I1)Zone 1995 Comp. Plan: Single Family Residential MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Location/Zoning Map Exhibit B: Condominiums of Shenandoah Place 2 Final Plat Exhibit C: Approved PUD Site Plan Discussion Heritage Development of Minnesota, Inc. is requesting approval of the Final Plat for the Condominiums of Shenandoah Place 2. This development is generally located south of Eastway Avenue and west of Alysheba Road (Exhibit A). The Planned Unit Development (PUD) and preliminary plat for Shenandoah Place were approved in 1997. This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat and PUD. In order for the applicant to file a Common Interest Community (CIC) plat with Scott County for this portion of the development, individual lots need to be created for the townhome units. The proposed final plat would accomplish the necessary lot configurations. Alternatives 1. Recommend approval of the Final Plat of Condominiums of Shenandoah Place 2, subject to the following condition: All conditions of the PUD and Preliminary Plat approval shall be complied with. 2. Recommend approval of the Final Plat of Condominiums of Shenandoah Place 2, subject to revised conditions. 3. Do not recommend approval of the Final Plat of Condominiums of Shenandoah Place 2. 4. Table action on this item and request additional information. Staff Recommendation Staff recommends Alternative No. 1, the Planning Commission recommending approval of the Final Plat of Condominiums of Shenandoah Place 2, subject to conditions, to the City Council. 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Iliima ,-.7‘ :TT- 41.- :.,:::',4:4>-,--• /rnsillILLITH_Ti.I 4006_ _.,N--- __ . ______- ' -- --- ,_ :,_71.:..4v/ 4,4 r4i 16 1 ‘A 0.. . , -A -, cf) . . .= 71 6 c51 ...3e. ...= ' (------- Y _ Y m - 1_u ' hit CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat of Southbridge Cove 2nd Addition • DATE: September 7, 1999 Discussion Arcon Development is requesting Final Plat approval of Southbridge Cove 2nd Addition. The subject site is generally located south and east of Southbridge Parkway. A copy of the August 19, 1999, Planning Commission staff memo is attached for your reference. Alternatives 1. Approve the Final Plat of Southbridge Cove 2nd Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Southbridge Cove 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Southbridge Cove 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Southbridge Cove 2nd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5216, a Resolution Approving the Final Plat of Southbridge Cove 2nd Addition, subject to conditions, and move its approval. / 1Ki,u;KA_____Th ulie Klima Planner II i:\commdev\cc\1999\cc09O7fpsbcv2.doc RESOLUTION NO.5216 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SOUTHBRIDGE COVE 2ND ADDITION WHEREAS,Arcon Development,Inc. is the applicant and owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A, Southbridge Cove, Scott County,Minnesota, acccording to theplat thereof on file or of record in the Office of the Registrar of Titles. WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Southbridge Cove 2nd Addition on August 19, 1999, and has recommended its approval. WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Southbridge Cove 2nd Addition is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) 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. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) The developer shall provide easements, as required by City Code, including access easements to ponding areas, if necessary. v) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vi) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. vii) The developer shall pay existing levied special assessments or may request that they be reapportioned against the new lots. Developer shall pay the current fee for reapportioning each assessment code and agree to the City Engineer's reapportionment. viii) The Homeowners Association shall be responsible for the cost of any future noise mitigation to the extent requested by the Association that the Association deems necessary or desirable. viv) Street names shall remain as shown on plans dated 7-20-99. x) Signature block for Planning Commission Secretary shall be eliminated from the signature page. BE 1T 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 , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Southbridge Cove 2nd Addition MEETING DATE: August 19, 1999 REVIEW PERIOD: July 20, 1999 - September 18, 1999 Site Information Applicant/Owner: Arcon Development Location: Southbridge Current Zoning: Urban Residential (R-1B)Zone/PUD 1995 Comp. Plan: Single Family Residential MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning/Location Map Exhibit B: Southbridge Cove 2nd Addition Final Plat Map INTRODUCTION: Arcon Development is requesting approval of the Final Plat for Southbridge Cove 2nd Addition. This development is generally located in the central portion of the Southbridge Is`Addition(East Dean Lake PUD), and south and east of Southbridge Parkway(Exhibit A). This Final Plat (Exhibit B) is in substantial conformance with the approved preliminary plat. CONSIDERATIONS: 1. The preliminary plat of Southbridge 1ST Addition was approved by the City Council on March 17, 1998. 2. All road systems shown on the plat are publicly dedicated roads. 3. The Building Official, City Planner, and City Engineer will review building site plans, setbacks, materials, and landscaping at time of building permit application. 4. Park dedication was completed at time of Southbridge Addition Preliminary Plat approval. ALTERNATIVES: 1. Recommend to the City Council approval of the Final Plat of Southbridge Cove 2nd Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of • the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) 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. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) The developer shall provide easements, as required by City Code, including access easements to ponding areas, if necessary. v) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vi) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. vii) The developer shall pay existing levied special assessments or may request that they be reapportioned against the new lots. Developer shall pay the current fee for reapportioning each assessment code and agree to the City Engineer's reapportionment. viii) The Homeowners Association shall be responsible for the cost of any future noise mitigation to the extent requested by the Association that the Association deems necessary or desirable. viv) Street names shall remain as shown on plans dated 7-20-99. x) Signature block for Planning Commission Secretary shall be eliminated from the signature page. 2. Recommend to the City Council approval of the Final Plat of Southbridge Cove 2nd Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Southbridge Cove 2nd Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. STAFF RECOMMENDATION: Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Southbridge Cove 2nd Addition, subject to the conditions. ACTION REQUESTED: Offer a motion recommending to the City Council the approval of the Final Plat of Southbridge Cove 2nd Addition with conditions. i Jai- Klima - ner II is\coimndev\boaa-pc\1999\0 819\(psbcve2.doc aT -L4444 1133 I I1 169 MI 1 a' lut • R A(lid& '�..d��v� . 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N y„m,�o c c 0 y \ o oto\I alaw I a�n uz K e0 m gaa� j I 3�;u .!? w E.S �� '10 I c;.% 0 �N c °Elw o 01-.I t" a,eo.; O t\I o E b a�. °d ro I l'-3g ul °- a,z, • 2§0o c I �yi° ab-w EI ., O m 0 ,..w..,, .'•-';,•••y.•:•,...::., :r G 1,• N. /7.0 l CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima,Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation(AG)to Rural Residential(RR) MEETING DATE: September 7, 1999 INTRODUCTION Jeffrey Boldt, applicant and Robert and Clara Boldt,property owners are requesting that the City amend the Official Zoning Map by rezoning approximately 10 acres currently zoned Agricultural Preservation(AG)to Rural Residential(RR). A copy of the memorandum from the August 19, 1999 Planning Commission agenda is included for the Council's information. DISCUSSION The Planning Commission reviewed this request at its meeting of August 19th, and proposed the following findings: Finding#1 The original Zoning Ordinance is not in error. Finding#2 Sign;Scant changes in community goals and policies have taken place. Prior to 1994, the City saw significant rural residnetial development occur with the development of 2.5 acre lots However,with the adoption of the 1995 Comprehensive Plan and related update to the Zoning Ordinance in 1994, rural residential development has shifted to 10 acre lots. Lots of this size are not easily served with City services at some future point in time. The Metro 2040 Regional Growth Strategy guides this area for development(at urban densities) beyond the year 2020. Finding#3 Significant changes in Citywide or neighborhood development patterns have not occurred Finding#4 The Comprehensive Plan guides this property for Future Urban Development. Futhermore, the chapte of the 1995 Comprehensive Plan which discusses Sanitary Sewers(Volume II:Sanitary Sewers. 1.1.a)states that "the ease of extending sanitary sewer service and capacity constraints shall be significant considerations for the planning of future land uses and Zoning in undeveloped areas" Uncontrolled growth on the border of urbanized areas results in difficulty serving the properties with sanitary and storm sewers, roads,parks, schools, and fire protection. There are also environmental concerns regarding failing sanitary sewer systems. The rezoning of this parcel from Agricultural to Rural Residential would be in conflict with the Comprehensive Plan. ALTERNATIVES 1. Approve the request to rezone the subject property from Agricultural Preservation(AG)to Rural Residential(RR). 2. Deny the request to rezone the subject property from Agricultural Preservation(AG)to Rural Residential(RR). 3. Table the matter for additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the request at its August 19, 1999 meeting, and unanimously recommended denial of the requested rezoning. ACTION REQUESTED Offer a motion to deny the request to rezone the subject property from Agricultural Preservation(AG) to Rural Residential(RR)and direct staff to prepare a resolution consistent with the motion. Rif Klima PI er II i:\commdev\cc\1999\cc0907\czboldt.doc 2 CITY OF SHAKOPEE Mcmoran han TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map- Rezone property from Agricultural Preservation (AG)to Rural Residential (RR) DATE: August 19, 1999 Site Information: Applicant: Jeffrey and MaryAnn Boldt Property Owner: Robert and Clara Boldt Location: West of County Road 17, south of Blue Heron Trail and east of O'Dowd Lake Current Zoning: Agricultural Preservation (AG) Adjacent Zoning: North: Rural Residential (RR) South: Rural Residential (RR) East: Rural Residential (RR) West: O'Dowd Lake 1995 Comp. Plan: Future Urban Area Area: Approximately 11 Acres MUSA: The site is NOT within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: Sketch provided by applicant Exhibit C: 1995 Comprehensive Land Use Map Exhibit D: City Code Section 11.22 Agricultural Preservation(AG) Regulations Exhibit E: City Code Section 11.24 Rural Residential (RR) Regulations Introduction The applicant is requesting that the City amend the Official Zoning Map by rezoning a parcel currently zoned as Agricultural Preservation (AG) to Rural Residential (RR). Please see Exhibit A for the location of the subject site. Exhibit B is a sketch from the Section map identifying which portion of the parcel is requested to be rezoned to Rural Residential (RR). Considerations 1. The Comprehensive Plan (Exhibit C) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits D and E provide a listing of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG) and Rural Residential (RR) zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Future Urban Area". The rezoning of the site to Rural Residential, as requested by the applicant, would not be in conformance with the 1995 Comprehensive Plan. 3. The Metropolitan Council has issued its "Metro 2040 Regional Growth Strategy". This document identifies the subject parcel as within the areas guided for "Permanent Rural" and "Urban Reserve". The "Urban Reserve" area is intended to be preserved to provide area for urban development beyond the year 2020. If the site were rezoned to Rural Residential (RR), one residential lot could be platted. However, if the site were not rezoned, and it was not developed until such time that City services could be provided, the site could be platted into approximately 27 residential lots. • Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have taken place. Prior to 1994, the City saw significant rural residential development occur with the development of 2.5 acre lots. However, with the adoption of the 1995 Comprehensive Plan and related update to the Zoning Ordinance in 1994 rural residential development has shifted to 10 acre lots. Lots of this size are not easily served with City services at some fiutnre point in time. The Metro 2040 Regional Growth Strategy guides this area for development (at urban densities) beyond the year 2020.- Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City-wide or neighborhood development patterns have not occurred. 2 Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The Comprehensive Plan guides this property for Future Urban Development. Furthermore, the chapter of the 1995 Comprehensive Plan which discusses Sanitary Sewers (Volume 11: Sanitary Sewers. 1.1.a) states that "the ease of extending sanitary sewer service and capacity constraints shall be significant considerations for the planning(?f future land uses and Zoning in undeveloped areas. " Uncontrolled growth on the border of urbanized areas results in difficulty serving the properties with sanitary and storm sewers, roads, parks, schools, and fire protection. there are also environmental concerns regarding failing sanitary sewer systems. The rezoning of this parcel from Agricultural 10 Rural Residential would be in conflict with the Comprehensive Plan. Alternatives 1. Recommend to the City Council the denial of the request to rezone the subject property from Agricultural Preservation (AG) to Rural Residential (RR)Zone. 2. Recommend to the City Council the approval of the request to rezone the subject property from Agricultural Preservation (AG) to Rural Residential (RR)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. I, denial of the request to rezone the subject property from Agricultural Preservation (AG)to Rural Residential (RR)Zone. Action Requested: Offer a motion to recommend to the City Council the denial of the request to rezone the subject property from Agricultural Preservation (AG)to Rural Residential (RR)Zone. Julie Klima Planner II is\commdev\boaa-pc\1999\0819\r-r_bol dt.doc 3 IArti Mb AG ���� kt6 . AG tri_________.______T— jmom thigl RR `'\ nI,fir l AG ih I — • _ II API. RR to r RR ,Vim 111 itiltrA i -N.\ \ e - ' wd ��� • '4 ()Dowd .� vsdi II Lake c9-' WinV I i ___,, I ` 1 i�l R/ ter! ' _ t."--1 ir AG AG poik-Ai A SHAKOPEE N Proposed Boldt Rezoning 0 Zoning.shp 07/27/99 Parcels.shp EXHEA E<itiErr §11.22 SEC.11.22. AGRICULTURAL PRESERVATION ZONE(AG). Subd 1 Pumose• The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads,sewer,water,and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; • D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving twelve(12)or fewer persons; J. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization if the required space available for use by • participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or page revised in 1996 1111 §11.22 c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space;and 5. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) J. group family day care facilities serving fourteen(14) or fewer children; or K. residential facilities serving six(6) or fewer persons. Subd.3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. (Deleted, Ord.501, September 18, 1997) C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two (2) domestic animals, over six to) months of age, are boarded, Dred or oiicrcd for adac, I, public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor, K. utility service structures; L. day care facilities serving thirteen (13)through sixteen (16) persons; M. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13)or more persons; page revised in 1997 1112 • §11.22 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least fourty(40)square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff; or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval; and 6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997) N. residential facilities serving from seven(7)through sixteen (16) persons; 0. wind energy conversion systems or windmills; P. relocated structures; 0. structures over two and one-half (2-1/2)stories or thirty-five(35)feet in height; R. developments containing more than one(1)principal structure per lot;or S. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord.528,October 29, 1998) Subd.4. Permitted'Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; page revised in 1998 1113 1§11.22 C. fences; D. recreational equipment • E. stables; F. swimming pools; G. solar equipment; H. tennis courts; receive only satellite dish antennas and other antenna devices; J. home occupations contingent upon approval of a home occupation permit; or (Ord. 501, September 18, 1997) K. other accessory uses, as determined by the Zoning Administrator. e Subd 5 Desiai�tconstructed ors. hin usedeexc eptlin conformance with the followiural preservation zone, no ng regllubremen�ts and no structure shat A. Maximum density: one dwelling per forty(40)acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback: 100 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. _Subd 6. Additional Requirements. h f at least (20) feet for at st 50% of eir A. All dwAll shashall hahave a ve a owidth of at leasttwenty(20)feet for at least 50% of width. All dwellings their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord, 264, May 26, 1989; Ord. 279, December 1, 1989; Ord.304, November 7, 1991;Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC.11.23. Reserved. page revised in 1997 1114 r'Xi-testr E §11.24 SEC.11.24. RURAL RESIDENTIAL ZONE(RR). Subd. 1 Purpose. The purpose of the rural residential zone is to allow low-density residential development in areas which are not served by municipal urban services. Subd. 2. Permitted Uses. Within the rural residential zone, no structure or land shall be used except for one or more of the following uses: A. single family detached dwellings; B. agricultural uses; C. forestry and nursery uses; D. utility services; E. public recreation; F. public buildings; G. day care facilities serving twelve(12) or fewer persons; H. adult day care centers as permitted uses, subject to the following conditions: The adult day care center shall: 1. serve twelve (12) or fewer persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available, a center must not count: a. hallways, stairways, closets, offices, restrooms, and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or c. in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space;and 5. comply with all other state licensing requirements; (Ord.482, May 15, 1997) page revised in 1997 1115 §11.24 group family day care facilities serving fourteen(14)or fewer children;or J. residential facilities serving six(6)or fewer persons. Subd.3. Conditional Uses. Within the rural residential zone, no structure or land shall be used for the following uses except by conditional use permit: A. churches and other places of worship; B. (Deleted, Ord.501, September 18, 1997) C. cemeteries; D. commercial recreation, minor; E. seasonal produce stands when the principal use of the property is agricultural; F. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; G. riding academies; H. utility service structures; I. day care facilities serving thirteen (13)through sixteen (16) persons; J. adult day care centers as conditional use, subject to the following conditions: The adult day care centers shall: 1. serve thirteen (13) or more persons; 2. provide proof of an adequate water and sewer system if not served by municipal utilities; 3. have outdoor leisure/recreation areas located and designed to minimize visuai and noise impacts on adjacent areas; 4. the total indoor space available for use by participants must equal at least forty (40) square feet for each day care participant and each day care staff member present at the center. When a center is located in a multifunctional organization, the center may share a common space with the multifunctional organization if the required space available for use by participants is maintained while the center is operating. In determining the square footage of usable indoor space available,a center must not count: a. hallways, stairways, closets, offices, restrooms and utility and storage areas; b. more than 25% of the space occupied by the furniture or equipment used by participants or staff;or page revised in 1997 1116 §11.24 c, in a multifunctional organization, any space occupied by persons associated with the multifunctional organization while participants are using common space; 5. provide proof of state, federal and other governmental licensing agency approval;and 6. comply with all other state licensing requirements. (Ord. 482, May 15, 1997) K. residential facilities serving from seven(7)through sixteen (16) persons; L. wind energy conversion systems or windmills; M. relocated structures; N. structures over two and one-half (2-1/2)stories or thirty-five (35)feet in height; 0. developments containing more than one (1) principal structure per lot; or P. other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. (Ord.528, October 29, 1998) Subd. 4. Permitted Accessory Uses Within the rural residential zone, the following uses shall be permitted accessory uses: A. garages; B. fences; C. gardening and other horticultural uses not involving retail sales; D. one (1) lodging room per single family dwelling; E. recreational equipment; F. machinery and structures necessary to the conduct of agricultural operations; G. communication service apparatus/device(s)as permitted accessory uses, subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)apparatus); 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; page revved in 1998 1117 §11.24 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted,shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9, the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus; 10. wireless telecommunication towers and antennas will only be considered for City parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • commercial recreation areas and major playfields used primarily by adults; 11. all revenue generated through the lease of a City park for wireless telecommunication towers and antennas should be transferred to the Park Reser;a Fund; (Ord. 479, March 13, 1997) H. stables with not more than two (2) horses per two and one-half (2-1/2) acre; (, swimming pools; J. solar equipment; K. receive only satellite dish antennas and other antenna devices; L. home occupations contingent upon approval of a home occupation permit; (Ord. 501,September 18, 1997) M. tennis courts;or N. other accessory uses, as determined by the Zoning Administrator. page revised in 1997 1118 §11.25 SubDesign Standards. Within the rural residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: one (1) dwelling per ten (10) acres. For lots approved prior to January 18, 1994, the maximum density is one (1) dwelling per two and one-half • (2.5)acres. B. Maximum impervious surface percentage: 30% C. Lot specifications: Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 40 feet. Minimum side yard setback: 20 feet. Minimum rear yard setback: 40 feet. Minimum setback for accessory machinery and buildings necessary to the conduct of agricultural operations: 100 feet from all lot lines. D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd.6. Additional Recuirements. A. All dwellings shall have a depth of at least twenty(20) feet for at least 50% of their width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 288, February 16, 1990; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC.11.25. Reserved. (The next page is 1125.) page revised in 1997 1119 4 . 1 * 2 .g E o a a t A a ; .1 ; g g z A z W �g b W m m ;$ % mai ° a.'8 drn C 0 8 °' 2 t v 4 b o m 1 I 4 a - g gm(' 'u y O Chi W �' gg oa u a a g rn m p 4 3 0 `›'o�'�' ,4 1 ^' -a 3 q -a u +' g' $ m m a 2 O * A 44rn4 sst .ti :n 1 i ala o 8 i 1 a 8. 4i X g 1 fill •x A a Z Q R' Q Boati 7p 44 A t ,. I. - it Nf "� , o m mkRII i at�fffi 18tI'b I 11)1 � � I • / , �( O I___ rr•rrr ti''r r / U , 1` - rr,,r ii1 'iM 0^ � V� iill � .r:.. ri I r r •: 1 : , ��. q \117.11; ,I ,kr , e t'• \\I0j :$z � •_� yin. _ '}'. It_ ,,� . ,.....„.9 i 44)41.4 jJ! ..!L ls t Vt,. 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F- 3 - ca F- d 0 • -Ii:. .�w 1 2ft. .ii 41.• 0 i _ i Um. i 1, COUNTY N •a` - MARSCHALL ---� ........is 9 �I day "N_ .. 1 _ _ '� %lb Zft "t e (� ^I }� ^JN0 V I F. • i C7- 0 g • I RLU N��� ►..� 4 Li) c� ....._,,.,_,__.7....._, y"---- ... w( - : , " l V I — 0 ^ w o O . �. --� •as .�o .c."6 i „�,�-- yin— — �Nd� �� = V \ . i f' T1i:1A \N4 . • ! ` • W (1) i/ - \\____ r-,- ..40141 , lopo I I o a N It 0 • x �illt' -.• tal . •• ? *--le . .-' ac oliho Vm ')40,4111111 w aciti z 0 0 cn •• } Cr —Wn z w /k/4O & z a - Oi , . —....-00J ec ovou It—ti°6 1)9. L----iff I NRNM: `-'- C -- — Nnoa iy. C, Nicklaus, Braaten & Hollenhorst, P.L.L.C. 103 West Second Street Attorneys At Law Telephone(612)448-4747 Post Office Box 116 Facsimile(612)448-4787 Chaska,MN 55318 Robert A.Nicklaus E-mail NBHLAW@aoI.com Eric J.Braaten Charles W.Hollenhorst September 3, 1999 R. Michael Leek Community Development Director Scott County Government Center 200 Fourth Avenue West Shakopee, MN 55379 RE: Jeff Boldt Application for Rezoning Boldt Farm Land Dear Mr. Leek: I represent Jeffrey Boldt who has applied for rezoning of a ten acre tract located west of County Road 17, South of Blue Heron Trail and East of O'Dowd Lake. The parcel is part of a 62 acre farm owned by his parents Robert and Clara Boldt. Jeffrey previously appeared before the Shakopee Planning Commission on August 19, 1999 at which time his application was denied. The matter is scheduled for hearing before the City Council on September 7, 1999.I cannot appear with Mr. Boldt at the hearing on September 7, 1999 so I wish to present arguments on his behalf by this letter which I would request you to submit to the council for its consideration. I have to take issue with some of the observations made by Planner Ms. Klima in her Memorandum to the Planning Commission, in the paragraph entitled Considerations 2. She stated that the rezoning of the site to rural residential, as requested by the applicant, would not be in conformance with the 1999 Comprehensive Plan. That conclusion is not supported by the area map which has the 62 acre farm surrounded on three sides by land already zoned rural residential. O'Dowd Lake is the west side. Adjacent to the north and south boundaries of the land are platted developments with single family residential houses, all being served by septic systems. To rezone the ten acre tract rural residential, as well as the whole farm, is obviously consistent with the surrounding land use. The land is already urban except for changing the label. Paragraph 2 which refers to the Land Use Chapter of the 1995 Comprehensive Plan designates this area as "Future Urban Area". I spoke to Liz Van Zomeren of the Metropolitan Council planning department and she informed me that Shakopee's Land Use Chapter has not been completed. r - Mr.Leek Page 2 Paragraph 3 implies that the guidelines under Met Council's "Metro 2040 Regional Growth Strategy" provides a strategy for development delay which mandates isolating this ten acre urban parcel by designating it agricultural. The stated reasoning adopts a conclusion that if the site is rezoned to RR now, only one residential lot could be platted, but if it is not developed until city sewer is provided, the site could be platted into approximately 27 residential lots. I must respectfully disagree with the planner, that rezoning the ten acres now would change the future potential of the site. The City has all the administrative power to control the building location of the residential unit before construction so it is compatible with the future development of the other potential 26 lots. Present rezoning does not restrict the future potential for 26 lots. I must take issue with criteria #2 of the findings alleging that lots of ten acre size are not easily served with city sewer at some future point in time. The ingenuity of developers to serve ten acre sites knows no bounds. The Metro Regional Growth Strategy for urban reserve beyond the year 2020 has no restrictive language for ten acre lots. The Metro Council recognizes the appropriate control of agricultural lots with a ten acre restriction. If the City wishes to impose restrictions on ten acre lot sizes it must change its zoning and subdivision ordinances. After the previous hearing comment was made by the City that the farm land could not be subdivided into one ten acre lot because the MUSA line makes sewer unavailable. I find nothing in Metro Council's Regional Growth Policy which indicates a conflict with the City's ten acre ordinances. Mr. Boldt is advised that there is nothing in the City's ordinances to prevent subdivision of a ten acre tract from the farm by conveyance in a deed. If the City refuses to rezone, which is its option to maintain the inconsistency now existing, it is my opinion that the council must recognize his right to subdivide. The uncertainty of sewer availability is not a legal reason to deny him this right. Yours very tryly, c-(„(IL l.a.{L-- Ro ertA. Nicklaus v RAN/tje cc: Jeffrey Boldt Shakopee City Council Shakopee City Attorney J • CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: November Park Bond Referendum Date: August 27, 1999 INTRODUCTION The City Council is asked to review and discuss the information enclosed with this memorandum and to adopt Resolution No. 5213 which would establish a park bond referendum at the General Elections. BACKGROUND At the August 17, 1999 City Council Meeting, the Parks and Recreation Advisory Board's Chairperson Jeff Kaley appeared before the City Council to request another attempt to pass a park bond referendum at the November 2, 1999 General Elections. That evening, he proposed a referendum amount of$7.1 million. The City Council suggested the Parks and Recreation Advisory Board (PRAB) "fine tune" their proposal by selecting better projects and reducing the bond amount. At its regular monthly meeting on Monday, August 23, 1999, the PRAB reviewed the projects again to determine which projects were a high priority. They also decided to reduce the bond amount from$7.1 million to $6.5 million. The projects selected for the proposed referendum include the following: Community Center expansion $5,100,000 Land Acquisition(Sun Path site) $1,000,000 Trail to O'Dowd Park $ 250,000 Play fields on new 10 acres at Tahpah $ 150,000 $6.500,000.00 The bond impact on an average home valued at $115,000 at a rate of 6.5% on a 20 year term is $74 for the first year. Of course, with each subsequent year that amount will be lowered due to growth which creates a broader tax base. Attached to this memo are: • Exhibit A - is Resolution No. 5213, a Resolution determining the necessity for the issuance of General Obligation Bonds and calling a Special Election. • Exhibit B - Springstead's schedule for a $6.5 bond issuance. • Exhibit C - An Operating Pro Forma for the Community Center year ending December 31, 1998. • Exhibit D - An Operating Pro Forma for the Community Center with the additions for the year ending 2001. The Pro Forma is based on a combination of the community center's 1998 actual amounts and the 1999 Budget with a 4% increase through year 2001. The budget was devised to show nearly a break-even scenerio. • Exhibit E - An explanation of Revenue projections for the Community Center. In order for the community center to operate at a break-even point the first year it opens with the addtional facilities, about 3,500 memberships must be sold. Realistically, it would take 2-4 years to accomplish that goal. • Exhibit F -FYI - BUDGET IMPACT Since its creation in 1996, the Parks and Recreation Department and Community Center has operated in the red. The additional facilities for the Community Center could either increase the deficit(subsidy) or potentially operate at a break-even point or surplus. Refer to Exhibit E to locate the break-even point. Staff estimates over 3,500 memberships need to be sold in order to break-even. The Operating Pro Forma does not include debt service (G.O. Bonds)which, if approved by the voters, will be paid through the tax levy. The Chaska Community Center currently operates with about 8,700 members. Dakotah Sports and Fitness is approaching 4,0000 members. ALTERNATIVES 1. Adopt Resolution No. 5213. 2. Do not adopt Resolution No. 5213. 3. Table for additional information. RECOMMENDATION Alternative Number 1. ACTION REQUESTED If Council concurs with the Parks and Recreation Advisory Board's recommendation, it should, by motion, offer Resolution No. 5213, a Resolution determining the necessity for issuance of General Obligation Bonds and calling a special election thereon, and move for its adoption. 5-1441,A,.., Mark J. cQuillan Parks and Recreation Director EXH 1r317- /} RESOLUTION NO.5213 RESOLUTION DETERMINING THE NECESSITY FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS AND CALLING A SPECIAL ELECTION THEREON WHEREAS,the Shakopee City Council finds and determines that it is in the best interests of the health, welfare, and safety of the City and its residents that the City acquire, construct and equip „improvements to the City's park, recreation, and open space system (Project) consisting of neighborhood-p -community-parks.-special--reereational facilities- ineludin j community center expansion;and WHEREAS, the City is authorized by the provisions of Minnesota Statutes, Chapter 475 (Act)to issue its obligations to finance the Project in whole or in part and to pledge its full faith, credit and taxing powers to the payment of such obligations; and WHEREAS, it is necessary and expedient to the sound financial management of the affairs of the City that the Project be financed in whole or in part by the issuance and sale of the City's general obligation bonds pursuant to the Act in an amount not to exceed$6;625,000. - (7)),)o.O NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TILE CTTY OF SHAKOPEE,MINNESOTA,as follows: 1. The proposition for the issuance of the bonds will be submitted to the voters of the City at a general election to be held on Tuesday, November 2, 1999. The election will be held and conducted in accordance with the laws of the State of Minnesota relating to general municipal elections. 2. The City Clerk is directed to cause a notice of election and sample ballot in substantially the forms attached hereto as Exhibits A and B to be posted and published as required by law as follows: (a) The notice of election will be published once in the official newspaper of the City at least two weeks prior to the election; (b) The notice of election and a sample ballot will be posted at each of the polling places at least ten days prior to the election; (c) The notice of election and a sample ballot will be posted in the office of the City Administrator at least four days prior to the election;and (d) The sample ballot will be published in the official newspaper at least one week prior to the election. JJT-158623 SH155-23 3. The polling places, hours of election and the respective judges for the election will be those established by the City for municipal elections. The polls will be open from 7:00 A.M. until 8:00 P.M. 4. The City Council will meet in the City Hall on November 3, 1999, at 7:00 p.m., C.T.to canvass the results of the election and to declare the results thereof. Adopted in session of the City of the City of Shakopee, Minnesota, held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk JJT-158623 SH155-23 EXHIBIT A CITY QUESTION BALLOT GENERAL FT FCTION CITY OF SHAKOPEE Tuesday,November 2, 1999 INSTRUCTIONS TO VOTERS: To vote for the question blacken the oval ( ( ) ) next to the word "YES" for the question. To vote against the question, blacken the oval ( ( ) ) next to the word "NO"for the question. Use only the pencil provided. The City of Shakopee is asking voter approval to issue and sell its general obligation bonds in an amount not to exceed $6,625,000 to finance the acquisition and betterment of various park and recreational facilities. The amount of taxes that would be raised in the first year of the property tax levy to pay the principal and interest on the bonds is estimated to be approximately$578,962. The maximum amount of taxes that would be raised in any subsequent year for the purpose is estimated to be approximately $584,289. This maximum increase in property tax levy is estimated to be approximately 0.056% of the taxable market value of property in the City. CITY QUESTION#1 SALE OF GENERAL OBLIGATION BONDS FOR PARK AND RECREATIONAL FACILITIES ( ) YES Should The City Of Shakopee, Minnesota Be Authorized To Issue And Sell Its General Obligation Bonds In An Amount Not To Exceed$6,625,000 ( ) NO To Finance The Acquisition And Betterment Of Various Park And Recreational Facilities? BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREASE. JJT-158623 SH155-23 EXHIBIT B NOTICE OF SPECIAL FT FCTION CITY OF SHAKOPEE SCOTT COUNTY,MINNESOTA NOTICE IS HEREBY GIVEN that a general election will be held in and for the City of Shakopee, Scott County, Minnesota, on Tuesday the 2'd day of November 1999, at which the following proposition will be submitted to the voters of the City for their approval or rejection: SHOULD THE CITY OF SHAKOPEE, MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $6,625,000 TO FINANCE THE ACQUISITION AND BETTERMENT OF VARIOUS PARK AND RECREATIONAL FACILITIES? The polling places for the election are as follows: Precinct Number Polling Place P-1 Fire Station,334 West 2nd P-2 Public Library,235 South Lewis P-3 Presbyterian Church, 909 South Marschall Road P-4 Fire Station No. 51,2700 Vierling Drive East P-5 Youth Building, 1121 West 11th Avenue (Lions Park) P-6 Fire Station No. 51,2700 Vierling Drive East P-7 Faith Lutheran Church, 150 West 130th Street (CR-78 and CR-79) P-8 Calvary United Methodist Church 2488 Vierling Drive East The polls for the election will be open at 7:00 A.M. and will remain open until closing at 8:00 P.M. JJT-158623 SH155-23 Any qualified registered voter of the City is entitled to vote at the election, and any resident of the City not previously registered as a voter may register on election day. BY ORDER OF THE CITY COUNCIL /s/ Mark McNeill City Administrator Dated: , 1999. ITT-158623 SH155-23 08/25/99 08:09 FAX 6512233002 SPRINGSTED INC. Z001 e /.� EXHIBIT B 85 E.SEVENTH PLACE,.5111TE 100 SAINT PAUL,MN 5510:-28137 651-223-3000 FAX:651 2234002 SPRINGSTED TELECOPY INFORMATION Pub&Finance Advisors August 24, 1999 We are sending _ 4 pages, including this cover page. If you do not receive all of these pages, please call (651) 223-3000 for assistance. Thank you. To: . City of Shakopee Attention: Gregg Voxland Fax* 612-4!:16-9671 Phone* 612-445-6718 From: Patty Kettles Phone# 651-223-3040 Subject: Tax Impact of G.O. Park Bonds Notes: Attached is the following: The estimated composition of the issue, the debt service schedule for the issue, and the tax impact of the issue. Please feel free to call with quest;ons or other scenarios. Original Material Will: Client Number PROMUS Be sent,via same day courier Be seni:via overnight delivery Be sent by regular mail X Not be rent RC WP AUTH 08/25/99 08:09 FAX 6512233002 SPRINGSTED INC. 0002 EXHIBIT B Shakopee, Minnesota G.O. Park Bonds, Series 2000A COI: Issue Size: P.A. 21,500.00 Project Costs 6,500,000.00 B/C 9,500.00 COI 38,650.00 Rating 5,000.00 Discount @$13.50/bond 89,437.50 Registrar 250.00 Capitalized Interest - O/S Printing 1,600.00 Less: Misc 600.00 Interest Earnings Rounding (3,088.00) Total COI: $ 38,650.00 Total Issue Size: $ 6,625,000 08/25/99 08:09 FAX 6512233002 SPRINGSTED INC. _ f3j003 City of Shakopee, Minnesota Prepared August 24, 1999 EXHIBIT B$6,625,000 G.O. Park Bonds, Series 2000A By SPRINGSTED Incorporated Dated: 3- 1-2000 Mature: 2- 1 First Interest: 2- 1 -200.1 ' Total Principal 105% Year of Year of Levy Mat. Principal Rates Interest & Interest of To(al (1) (2) ,3) (4) (5) (s) ) 1999 2001 225,000 4.35% 326,392 551 ,392 578,962 2000 2002 210,1)00 4.45% 346,276 556,276 584,090 2001 2003 215,1)00 4.60% 336,931 551 ,931 579,528 2002 2004 225,000 4.70% 327,041 552,041 579,643 2003 2005 240,0000 4.85% 316,466 556,466 584,289 2004 2006 250,000 4.95% 304,826 554,826 582,067 2005 2007 260,000 5.10% 292,451 552,451 2006 2008 275,000 5.20% 279,191 554,191 581 ,901 2007 2009 290,000 5.25% 264,891 554,891 582,636 2008 2010 305,000 5.30% 249,666 554,666 582,399 2009 2011 320,000 5.40% 233,501 553,501 581 ,176 2010 2012 340,000 5.45% 216,221 556,221 584,032 2011 2013 355,000 5.50% 197,691 552,691 580,326 2012 2014 375„000 5.55% 178,166 553,166 580,824 2013 2015 395 ,000 5.60% 157,353 552,353 579,971 2014 2016 420,000 5.65% 135,233 555,233 582,995 2015 2017 440,000, 5.70% 111 ,503 551 ,503 579,078 2016 2018 465;000 5.75% 86,423 551 ,423 578,994 2017 2019 495„000 5.80% 59,685 554,685 582,419 2018 2020 525 ,000 5.90% 30,975 555,975 583,774 TOTALS: 6,625 000 4,450,882 11 ,075,882 11 ,629,678 Annual Interest: 4,450,882 Bond Years: 79,882.32 Avg. Maturity: 12„06 Plus Discount: 4 58 89,438 Avg. Annual Rate: 5.672% Net Interest: ,540 Rate: 5.097% N.I.C. Rate: Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter"s discount bid may also vary. 08/25/99 08:10 FAX 6512233002 SPRINGSTED INC. 01004 • City of Shakopee, Minnesota EXHIBIT B $6,625,000 General Obligation Park Bonds, Series 2000A Estimated Impact on Local Taxpayers 20 Year Term Tax Estimated Rate Dollars Market Applied of Tax Value 0.965% Increase .as-Tc $80,000 0.065% $52' ' VI( 90,000 0.065% 58 3-0 100,000 0.065% 65 5-5- 110,000 S110,000 0.065% 71 fo 3 115,000 0.065% 74 9b 175,000 0.065% 113 200,000 0.065% 130 / 500,000 0.065% 324 02 7`- 1,000,000 0.065% 648 33-0 NOTE: Calcualtion of tax rate per$1,000 of Referendum Market Value (RM1i: Aver age local levy of g, 1484 divided by the Payable 2999 RMV of$897,981,114= er$1,000 of RMV. 4'►) oyg, 730) F65- * t6S* Changes in interest rates, timing or size of the bond issue may cause significant alterations of this information. \footer EXHIBIT C CITY OF SHAKOPEE, MINNESOTA PROFORMA OPERATING STATEMENT For the Year Ending December 31, 1998 ICE RINK COMMUNITY CENTER TOTAL REC FUND Budget Actual Budget Actual Budget Actual Operating Revenue Memberships&Adm $ - S - $ 50,000 $ 51,941 $ 108,000 $ 135,241 Activities 1,000 35,000 21,611 136,000 119,748 Concessions 11,000 6,852 5,770 6,146 32,040 29,894 Rentals 225,000 169,454 10,700 7,934 239,700 184,219 Fees - - - - 18,000 9,408 Contributions - - - - 8,000 2,000 Miscellaneous 11,500 1,000 500 1,000 2,833 Total Operating Rev 248,500 177,306 101,970 88,632 541,740 483,343 Operating Expense 4101 FT Salaries 34,960 18,859 58,270 44,830 233,070 212,652 4102 Wages-OT - - - - 1,000 740 4110 PT Salaries 24,760 19,029 65,000 57,857 156,760 138,302 4140 PERA 1,810 1,763 3,020 2,372 12,070 11,601 4141 FICA 4,570 2,898 9,430 7,543 29,900 23,658 4131 Health& Life 28,130 18,462 4142 Unemployment 1,000 145 4151 Workcomp 1,907 10,200 7,421 4170 Comp Abs 8,000 4,823 4210 Supplies 6,000 5,734 6,000 5,610 36,500 35,683 4230 Bldg. Maint. 750 8,378 25,000 21,690 30,750 33,537 4240 Equip. Maint. 3,000 3,248 1,000 2,876 4,500 6,501 4250 Merchandise 500 500 6,000 4,636 4310 Prof Serv. 500 51 500 152 4,500 16,265 4320 Postage 384 3,100 3,049 Ii, 4321 Telephone 2,000 2,070 6,423 4,100 9,808 it 4330 Travel/Subs 400 400 2,150 890 4340 Advertising 93 500 598 1,300 883 4350 Printing &Pub 572 1,000 2,321 6,000 8,138 4360 Insurance 150 1,136 9,000 12,432 22,150 21,023 4380 Utilities 62,000 75,149 34,000 40,102 109,000 127,110 4390 Conf/Sch/Train 400 200 25 1,900 1,103 4410 Rents 6,647 7,000 6,060 7,200 12,742 4420 Depreciation 133,000 134,818 4433 Dues 100 200 90 750 831 4435 Subscrip/Pub 200 40 128 400 437 4438 Sales Tax 2,000 3,000 4550 Capital Exp 14,000 20,943 22,000 20,943 Total Expense 142,100 147,574 237,020 232,436 878,430 856,201 Operating Income 106,400 29,732 (135,050) (143,804) (336,690) (372,858) 8,615 Interest Income/Exp 332,690 338,615 Tsf from Gen Fund Net Income 106,400 29.732 (135,050) (143.804) (4,000) (31.553) I � I r EXHIBIT D CITY OF SHAKOPEE, MINNESOTA PROFORMA OPERATING STATEMENT(Based on 3,500 Memberships) For the Year Ending December 31, 2001 Current Community Comm Ctr Total Ice Rink Center Addition Comm Ctr Operating Revenue Memberships&Admissions $ - $ 60,000 $ 853,000 $ 913,000 Activities 1,000 36,000 65,000 102,000 Concessions 10,000 7,500 12,500 30,000 Rentals 225,000 13,000 10,000 248,000 Miscellaneous 7,000 4,000 11,000 Total Operating Revenue 243,000 116,500 944,500 1,304,000 Operating Expense 4101 FT Salaries 35,000 72,000 50,000 157,000 4110 PT Salaries 25,000 65,000 300,000 390,000 4140 PERA 1,900 3,800 2,600 8,300 4141 FICA 4,600 10,500 26,800 41,900 4131 Health & Life 5,400 10,800 5,000 21,200 4151 Workcomp 1,200 2,400 1,500 5,100 4170 Compensated Abs 900 1,800 1,000 3,700 4210 Supplies 6,500 6,500 30,000 43,000 4230 Bldg. Maint. 7,500 25,000 20,500 53,000 4240 Equip. Maint. 3,500 3,200 20,500 27,200 4310 Professional Serv. 500 500 3,821 4,821 4320 Postage - 500 800 1,300 4321 Telephone 2,300 7,200 5,000 14,500 4330 Travel/Subsistence 200 200 500 900 4340 Advertising 200 1,000 2,500 3,700 4350 Printing &Repro 300 2,500 3,500 6,300 4360 Insurance 1,600 14,000 20,000 35,600 4380 Utilities 85,000 45,000 145,000 275,000 4390 Conf/School/Train 200 200 2,500 2,900 4410 Rents 50,000 63,000 105,000 218,000 4433 Dues 50 100 100 250 4435 Subscriptions/Pub 50 100 100 250 Total Expense 231,900 335,300 746,721 1,313,921 Net Income 11,100 (218,800) 197,779 (9,921) NOTE: This statement was produced for evaluation of a potential Park Bond Referendum. The amounts for the current facilities are based on a combination of 1998 actual amounts available at this time and the 1999 budget with a 4% increase for each year through 2001. The amounts for the new facilities are based on information received from other communities with similar facilities. These amounts are estimates and should not be considered completely accurate. EXHIBIT E 000 00 00000 0 00 0 0000 0 1- M'. 000 00 00000 0 00 0 0000 0 in v 000 00 00000 0 00 0 0000 0 1- N 01) 00) et,: OU) OLnO O OM v — 601` v in co- 0 LC[ oN MM NN '— NN N '— '— '— N CCD M N T- 40 Cfl 000 00 00000 0 00 0 0000 0 0) V- 000 - 000 00 00000 0 00 0 0000 0 M O 000 0 0 00000 0 00 0 0000 0 Q) 0 O N U) N CO r- 6(.666.6 O O M ' .- 60-1,..7 V' M O 00N00 MM NNrNN N V.' N... � N L M 1 N- 40 CA 000 0 0 00000 0 00 0 0000 0 O) V- 000 - 000 00 00000 0 00 0 0000 0 M CO 000 00 00000 0 00 0 0000 0 M CD OOOO COh 6o-6L66 O OM .4: .- 601� v M O 0 - NVMi- MM NN � NN N a- N- N- (V V M � � .1) M Cfl 40 ti O O O O O O O O O O O O O O O O O O O T- 15 i9 O O O O O O O O O O O 0 O O O O O O O N N ( 0 U) 0 LU 00 LI) LI) 000 O 00 O 0000 O CA 0 m. 521---Lo-r: O O U) O Ln O O O M v V-O Ln 1� v M CA V OCOc- U) MM NNV- NN N e- ' ' N O i- a) M M M T- N M M O N C6 O N ea Ea CN >. M 000 O O 00000 O 00 O 0000 O N N N E 0 0 0 O O O O O O O O O O O O O O O O U) U) 0 C G) 000 00 LI) U) 000 O 00 O 0000 O CD CD O mOLnOUi (61- OUiOU)O O OM . � O (nr` . U) 0 ,5_ w0 - 1- m MM NNI-- NN N s- e- r- N a0 h Oma) '— x 0 C') N ' N T- N c0 T-- � O a) E ul 0) N 1- C6 7 � Z 000 00 00000 0 00 0 0000 O N- I,- .D O 000 00 00000 0 00 0 0000 0 CA 0) CO •C 000 00 U) U) 000 0 00 0 0000 0 v v C y 9, C\10-N- CO 1- 6t60-0-6 O O C7 q �O In l� v op- v O 0 (D NT- MM NN ' NN N r- r- � N CO M 1- CO N N N N C) N CO E O FA 69 N r ----. o 000 0 0 00000 0 00 0 0000 0 v v 'Om 000 0 0 00000 0 00 0 0000 0 N N 000 00 00000 0 00 0 0000 0 v V C 0666 CON- O U) O to O O O M v O L N v N CO- 8 (710,2O) M M N N 1- N CV N e- '- s- N v 0 U) 0 CO N N Nos- N MN N (6 — T 7 Ln V E G9 CH 69 > E 000 O O 00000 O O O O 0000 O N N C_ CO O 000 0 0 00000 0 00 0 0000 0 0 0 o t o Ln 0Ln 00 00000 0 00 0 0000 O v v C6 \ ORO-N.7 (61- 60-66.6 O 6m- v N- 60-p.: v M 10016 0L � CO MM NN1- CV N N •- 1- `- N N CCD M 0Tr(0 C s- _ M >.i+ i 'E 'v U, U w .>-....L L 000 0 0 00000 0 00 0 0000 0 0 O CO e U 000 O O 000 O O O O O O 0000 O O 0 -001,.: 000 00 U) U) 000 O 00 O 0000 O v v 0M w 06-.6o- CO 1- O U)O U) O O 6m- c .-761.151--7 C") C)) N C D O Cn v MM N N '— N N N '— '— '— N 0 CM- N c p w N O a) 2 N CA to N .0 o C re +, O O O O C COO cduidO O O O M o U N .0 '30O M N N os CI! Q a) .- O CO E > C 0 CO V) V) U) a) QQ�1 20 w O o O fA �_ 2 450 c ... CO w (y) Q T ` O. d D. Z O (6 CE6 N U ..... - c U) O Z Z " FIE YV o _ `g > N rn � m �, o a� E o w w w v E R c w o U n c . U 0 0 C c > XaX g t a� a� = d aci E CO n U '� a ce c N L6 aNi uNi rn c6 W o E E U) E c > W Q w ._. E w _ o g ai U 1 C`6 w' c6 ate) N j U w J J z >- (1) c) ° E W) 'E .> 3 = ?` oo v' Z 3 o v a`) m C o C t o o v a t o aC) •N E.. E.. 1- :3 0 O o 2 OD o i- 'Lo >- Q U (0 >- « W OU of- 2 !� < a) QUxM 0 0 w OL U U W li C >- 0 0 < 0 CC 2 0 1•- 1- Z Z1- 2 EXHIBIT F 41 y?c,s ` : itrf ?6 x¢4--p:.. F e .'/asps a A. �3 �_ t p $ a iii%:1 ' i It , :*-I11.—. ,.‘,4,•'.4,.''' 1.11 Pi: x rae.4 x6,at& ' E ktati .. r 'lFuy.. ,.H '�a,,.,`... ::41:'..m6k n ..z, _y 4 t : ! af.RR. as X h ,:: 2 August, 1999 Dear Member, You're probably not surprised to hear that Dakotah! Sport and Fitness has experienced steady growth in membership since the day we first opened the doors. As a member, you also know that we have made Dakotah! Sport and Fitness available to large groups, non-members, corporate seminars and all kinds of outside individuals. We realize that this open door policy is beginning to cause problems for our members. We've listened to your concerns about the potential for overcrowding and we are making changes that will limit non-member club use. At the same time, we are embarking on what we believe will be our last, major membership campaign. Here's what it means to you as a member. Membership Cap Our goal is to cap membership at 4,000. Effective October 1, 1999, non-members will not be allowed to use the club unless accompanied by a member. In addition, we are eliminating the regular use of the facility by large groups. The only time a large, non-member group may use the facility is Thursdays, from 10:00 a.m. to 2:00 p.m. That should make it easier for you, as a member, to utilize your fitness club any day of the week. Along with these changes, we will also provide members with Free Towel Service and Free Locker Service. (Excludes hallway rental lockers). Refer A New Member Contest Because it's always more fun to workout and have fun with family and friends, we are announcing our Refer A New Member Contest. We're also announcing a$20 Initiation Fee, available through November 15, 1999. A membership at Dakotah! Sport and Fitness will never be more affordable! Here's the good news for you. If you refer a new member between now and November 15, 1999, your membership for the month of January 2000 will be FREE! Plus, for every new member you refer, your name will be entered in our "You Don't Pay in Y2K"Refer a New Member Contest! One lucky member will win FREE membership for the year 2000, plus every member entered will receive a free gift. Drawing will be held Saturday, November 20, 1999. Official rules are included in this mailing. Members First We're listening to our members and making the kinds of changes you've requested. Be watching as we continue working to make Dakotah! Sport and Fitness the leader when it comes to putting members first. Please use the enclosed guest passes to introduce friends and family to Dakotah! Sport and Fitness. Sincerely, h /i2Ci --- i „ !, 41 , :. 1,.: . . ''' : . :, 11 Li 1 , 1..... : ,::, !;::: , - .. ::::.,.-:,„ ... Tad Dunsworth Contest Director, Dakotah! Sport and Fitness Member is-, B. 1. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Future Moratorium Workshop(s) DATE: August 23, 1999 INTRODUCTION: The City Council has given staff direction to proceed with formal review of the proposed amendments to City Code Sec. 11,Zoning. Staff has scheduled a.public hearing on these amendments before the Planning Commission. The public hearing will take place on September 9, 1999. While these proposed text amendments are significant, there are other items that should be discussed and/or resolved by the City Council/Planning Commission prior to the expiration of the moratorium period. These include; Discussion of Reactions to Projects Viewed on the July 29th Tour: Now that some time has passed, and those who were on the tour have had some time to reflect on what they saw, it may be worth taking the opportunity to identify more specifically those design aspects that were viewed as position or negative. The Desirability of a Transitional Residential District(s)Adjacent to Downtown Shakopee: Identification on the City's Land Use Map of Proposed Locations for New Commercial and Residential Districts: It is important as the moratorium winds down that staff be able to incorporate into the draft comprehensive plan the consensus of the Council and Commission regarding future land use patterns. As a part of this discussion, staff would propose to bring forward the comments and requests that are already on the record from previous public meetings on the plan. Staging of Public Infrastructure as a Control Mechanism for the Rate of Development: Heretofore, it seems that the City has tried to react very quickly to provide infrastructure as developers have required it. It may be that the City should examine establishing more formal criteria governing when, and under what circumstances, the City would proceed with "Chapter 429" improvement projects. Possible future meeting dates are as follows; September 14, 1999 September 28, 1999 ACTION REQUESTED: Set a date(s) for future workshop sessions. CONSENT CITY OF SHAKOPEE /$j . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Implementation of PIMS Building Permit Tracking Software MEETING DATE: September 7, 1999 INTRODUCTION: Over the past two years, in order to streamline the permitting process, City staff has looked at several software packages designed to track building permits and schedule inspections. Within the last year LOGIS has developed and introduced a"Windows" based upgrade of its permitting software. Because of the support that LOGIS provides, and because of the City's experience with LOGIS' financial and GIS services, staff has concluded that it is desirable to use its PIMS software. The cost per year to the City for this service is about $15,000. The base cost is $14,000 per year, payable in 12 monthly installments of$1,167. In 1999, the City would pay for only those months that the system is implemented. Beginning next year there would also be a systems development charge to the City of a little more than$1000.00. Funds for the software were budgeted for 1999 under operating supplies, but would not all be used. Funds have also been provided in the draft 2000 budget. Recently staff learned that these expenses are paid out as"rentals," so the budget(s)will need to be revised to reflect that shift. ALTERNATIVES: 1. Authorize the appropriate City officials to contract with LOGIS for the PIMS building permit software. 2. Do not authorize contracting with LOGIS for the PIMS building permit software. 3. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion authorizing the Inspection division to contract with LOGIS for the PIMS building permit tracking software. O 4111P" �- R. Michael Leek Community Development Director lsL3, .3, CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to Comprehensive Plan to Guide Property for Business Park Use and Add MUSA MEETING DATE: October 8, 1998 INTRODUCTION: In late 1997 Council directed staff to prepare an application to amend the Metropolitan Urban Service Area(MUSA)boundary to include property west of Dean Lake (known as Valley Green Corporate Center) and on either side of County Road 18 (known as Shakopee Crossings); and to guide the Corporate Center property for business park use. In July 1998, the City submitted an informal application to the Metropolitan Council for review. On October 8, 1998 a public hearing on the proposed amendment was held before Planning Commission. After several requests for information, the Metropolitan Council finally accepted the amendment for formal review on May 13, 1999. On September 1, 1999 the Metropolitan Council reviewed and took final action approving the amendment. A copy of the staff report with the recommendations adopted is attached for the Council's information. ACTION REQUESTED: Council is asked to adopt Resolution No. 5224 adopting the Comprehensive Plan amendment, and directing city staff to implement it. R. Michael Leek Community Development Director METROPOLITAN COUNCIL MEETING OF THE REGIONAL GROWTH POLICY COMMITTEE Wednesday, September 1, 1999 Council Chambers 3:00 p.m. AGENDA CALL TO ORDER ,AUG IX:- APPROVAL OF AGENDA rAII. APPROVAL OF MINUTES-Regular Meeting of the Regional Growth Policy Committee -August 18, 1999 IV. BUSINESS A. City of Shakopee"MetropolitanUrban SerneE TORM, Eastern Division, Referral File 16807-1 (Craig Rapp, 651/602-1615) B. Stillwater Township Comprehensive Plan Update, Referral File 17011-1 (Craig Rapp, 651/602- 1615) C. City of New Hope Comprehensive Plan Update,Referral File 16941-1 (Craig Rapp, 651/602- 1615) D. City of St. Louis Park Comprehensive Plan Update, Referral File 17074-1 (Craig Rapp, 651/602- 1615) E. Approval of Criteria for Environmental Partnership Grants (Helen Boyer, 651/602-1106; Keith Buttleman, 651/602-1015) • V. OTHER BUSINESS A. Review of Transit Master Plan (Nacho Diaz, 651/602-1754; Frank Loetterle, 651/602-1716) (No Materials Enclosed) VI. INFORMATION VII. ADJOURNMENT Ted Mondale, Chair Metropolitan Council Mears Park Centre • 230 East Fifth Street• St.Paul,Minnesota 55101-1626• (651)602-1000• Fax 602-1550• TTY 291-0904 Metro Info Line 602-1888• data.center@metc.state.mn.us• www.metrocouncil.org Executive Summary RRegional Growth Policy Agenda Item: Committee Meeting date: September 1, 1999 ADVISORY INFORMATION Date: August 23, 1999 Subject: Shakopee MUSA Eastern Addition, Referral File No. 16807-1 District(s), Member(s): Metropolitan Council District 5, Phil Riveness, 612-841-9827 Policy/Legal Reference: MN Stat. § 473.175, Subd. 1, and MN Stat. § 473.864, Subd 2. Staff Prepared/Presented: Craig Rapp, Director of Community Development, 651-602-1615 Liz Van Zomeren, Senior Planner/Sector Rep. 651-602-1060 Division/Department: Community Development/Comprehensive Planning Proposed Action/Motion That the Metropolitan Council adopt the recommendations as presented in the attached Review Record. Issue(s) The Metropolitan Council is considering whether to permit the City of Shakopee to add 554 acres to the current Metropolitan Urban Services Area(MUSA). Overview and Funding Shakopee is ranked 5th in anticipated growth to 2020. The Council's Regional Growth Strategy defines Shakopee as urban area, illustrative 2020, urban reserve, and permanent rural area. The proposed MUSA expansion is contingent to the urban area and is in the Council's illustrative 2020 MUSA. In these policy areas, by agreeing to 2020 staging areas,the Council makes a commitment to provide regional services to that area. In addition, local government makes a commitment to provide local services to that area. To minimize public expenditures for these services and to ensure orderly and economic development of the region, the addition of new land to the 2000 MUSA boundary should be timed and staged in an orderly manner. As of April 1999, the City has 283 acres of undeveloped commercial property and 266 acres of undeveloped industrial property within the current MUSA. Most of the undeveloped land is scattered on small parcels throughout the City and is not conducive to large-scale retail or business park development. The City is requesting to add 554 total acres to the MUSA and change the light industrial designation to business park. The western portion of the expansion is located west of Dean Lake at Hwy. 169 and County Road 83. It is guided for business park and commercial development. The easterly portion is located at Hwy. 169 and County Road 18 and is guided for commercial development. The City Council considered this request in October of 1997. The Shakopee Public Utilities Commission, an independent organization, recently approved a capital improvement program that would provide water services to the area. Shakopee received a planning grant of $12,500 (SG97241) to prepare their comprehensive plan. The city requested an extension on their plan through December 1999. Shakopee has submitted a draft of its corn•rehensive 'Ian. LINKAGE TO COUNCIL STRATEGIES H Infrastructure: Existing highway capacity and wastewater systems support expansion ❑ Quality of life: ❑Communication/constituency building: ❑ Alignment: AMetropolitan Council Improve regional competitiveness in a global economy ATTACHMENT A: REVIEW RECORD BACKGROUND The city of Shakopee is a growing community in Scott County. It is ranked 5`h in anticipated growth to 2020. Shakopee is expected to grow from 4,962 householdsin.1995 to 15,500 households in 202(4 the city_projects a slightly higher forecast of 16,123 households by 2020.E The city is bordered by Chanhassen, Eden Prairie, Bloomington, Savage, Prior Lake, Spring Lake township, Sand Creek township, Louisville township, and Jackson township. The city is 17,901 acres in area. During the review of the City's most recent comprehensive plan in 1995 and 1996, the Metropolitan Council and the City agreed to the following basic information: • The city has a total area of approximately 18,000 acres • In 1990, about 6,581 acres of the City were within the MUSA area • In 1990, about 3,000 acres within the MUSA were vacant • By 1995, according to City records,the supply of vacant land within the MUSA had declined to 2,311 acres PREVIOUS ACTION In 1996 the Metropolitan Council approved the addition of 1,565 acres to the MUSA. The total area of the MUSA in the City increased to 6,565 acres and 3,876 acres were vacant. The city's request to add 1,565 acres to the MUSA was to provide a five-year supply of land available in the MUSA. By the end of 1998, less than 2,000 acres within the MUSA were vacant. Since 1996, vacant land within the MUSA has developed at an accelerated rate (900 to 1,000 acres per year). The city no longer has a 5-year supply of vacant land within the MUSA. AUTHORITY FOR REVIEW The Metropolitan Land Use Planning Act as amended requires local units of government to submit comprehensive plans and plan amendments to the Council for review (MN.Stat. 473.864, Subd. 2). The Act requires Council review of the plans to determine their conformity with metropolitan system plans, apparent consistency with other adopted plans of the Council, and compatibility with the plans of other local jurisdictions in the Metropolitan Area. (MN. Stat.473.175, Subd. 1). ANALYSIS Staff reviewed the plan amendment for consistency with the Regional Blueprint and other chapters of the Metropolitan Development Guide, for conformity with regional system plans for aviation, recreation open space, transportation, and water resources management, and for compatibility with the plans of adjacent governmental units and school districts. Regional Blueprint (Liz Van Zomeren,Comprehensive Planning,651-602-1060) Forecasts The city has projected a higher household forecast for 2020 based on TAZ allocations for additional households projected in three developments. The city's forecast for 2020 is 16,123 households. The Council's projection is 15,500 households. The city of Shakopee is projecting that an additional 2,847 acres of residential land will be needed to accommodate 10,249 households with an overall density of 3.6 dwelling units per acre. ; Land Use The Regional Growth Strategy identifies the MUSA expansion area as illustrative 2020 MUSA. The area is immediately adjacent to the city's existing 2000 MUSA boundary, so expansion of MUSA into these areas would be contiguous with the existing MUSA. The two areas were identified in the 1995 Comprehensive Plan as Light Industrial (Valley Green property) and Commercial (Shakopee Crossings property). At the time that the 1995 plan was prepared the Trunk Highway 169 bypass through Shakopee had not been completed. Until the completion of Highway 169, the type and magnitude of interest/growth was unclear for the area south of TH 169. With the 1998 Comprehensive Plan update,:the City is intending to provide a more uniform approach to staging the property south of TH 169, rather than developing southward and leaving areas adjacent to the bypass unaddressed) The City currently has 549 acres of undeveloped property for commercial and industrial uses within the MUSA. These parcels are located throughout the City. The City estimates that they will need 1,708 more acres of land form commercial and industrial use to 2020 and 1,139 acres of land for residential uses by 2020 to accommodate anticipated growth. Council staff estimates that the City will need an additional 2,361 acres for commercial, industrial and other non-residential uses to 2020. The proposed MUSA expansion is consistent with this estimate. Regional Systems Aviation (Chauncey Case,Transportation and Transit Development, 651-602-1724) The plan is in conformance with the Aviation Policy Plan. Recreation Open Space(Phyllis Hanson,Planning and Growth Management, 651-602-1566) The plan is in conformance with the Recreation Open Space Policy Plan. Transportation (Kevin Roggenbuck,Transportation and Transit Development, 651-602-1720) The plan is in conformance with the Transportation Policy Plan. Water Resources Management Wastewater Service: (Donald Bluhm,Municipal Services,MCES, 651-602-1116) The MCES projected a 2020 flow of approximately 7 mgd for the City of Shakopee. It is our understanding that the projected flows from this additional area of the City will not bring the total 2020 flow projections for the City beyond our projections. for this reason the plan amendment has no impact on the Metropolitan Disposal System. The plan is in conformance with Water Resources Management Policy Plan. Surface Water Management (James Larsen, 651-602-1159) The city has an adopted surface water management plan and land use controls consistent with the Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. Water Supply Insufficient capacity currently exists in the city's water distribution system to meet the water supply needs of the proposed addition to the MUSA area. Expansion of the MUSA as proposed was determined to require the acceleration of scheduling for construction of an additional well (proposed Well No. 11), as well as a "guaranteed conservative firm well capacity" increase in Well No. 10, currently under construction. The Shakopee Public Utilities Commission (SPUC) has responded to the stated need for increased capacity by amending its Capital Improvement Program for 1999 - 2004 to authorize the immediate planning for and construction of the additional well capacity needed to service the MUSA expansion area. The additional capacity is planned to be in place in 2000. This action, taken at the SPUC's August 16, 1999 meeting has been determined by Council staff as sufficient commitment to render the water supply needs for the community in the near term. • Other Metropolitan Development Guide Chapters: Housing—Not applicable FINDINGS AND CONCLUSIONS: 1. The plan amendment is consistent with the Regional Blueprint including the Regional Growth Strategy and other regional policies. 2. The 1995 comprehensive plan guided this area for development. The proposed land use change from light industrial to business park will provide a land use type currently not available in the city. 3. The plan amendment is in conformity with the Aviation Policy Plan, the Recreation Open Space Policy Plan,the Water Resource Management Policy plan, and the Transportation Policy Plan. RECOMMENDATIONS: 1. That its plan amendment and MUSA expansion request are in conformity with the metropolitan system plans and are consistent with the Regional Growth Strategy and Regional Blueprint; 2. That it can put its plan amendment into effect and that no plan modifications are required. RESOLUTION NO.5224 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA AMENDING ITS • COMPREHENSIVE PLAN TO GUIDE PROPERTY FOR BUSINESS USE, AND TO AMEND ITS MUSA BOUNDARY WHEREAS,in 1997 the City Council directed preparation of an amendment to its comprehensive plan to add certain properties owned by Valley Green Business Park and Shakopee Crossings Limited Partnership, and generally known as Valley Green Corporate Center and Shakopee Crossings to the City's Metropolitan Urban Service Area(MUSA), and to guide the properties known as Valley Green Corporate Center for business park use;and WHEREAS,the properties are depicted on the attached Exhibit A; and WHEREAS,the Planning Commission held a public hearing on the proposed amendment on October 8, 1999, and no comment adverse to the amendment was received; and WHEREAS,the Metropolitan Council reviewed and approved the proposed amendment on September 1, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: 1. That the City's Comprehensive Plan is hereby amended to add the properties depicted on Exhibit A to MUSA, and to guide the properties located on the west end of Dean Lake (Shakopee Valley Corporate Center)for business park use;and 2. City staff is directed to make the appropriate changes to the City's Comprehensive Plan. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk .x c. a in . 5 71 a0a ° d ,..eN I In In 04 1-1 a °r0 Z Ile a; g 11 Cill ii/1; iiiiiiiR!i: it ii iiiiii'll'i! N1719NIN00lH 39VAVS MOM I' ‘11111111074mi ltry 0„, A.d. 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V `� l { I r n ' I LL �•`''a, 1 1._I . u �� \i1I 1 ipiTri 01111V :J•ji r � 4aL ; ' 4_\..',':‘ ___'' ,.,„_--4:2,.-.,`;‘±_ --irmi•iiiiisii7a.f.41 ji I- -,--_\_..,_\imp d • 1 a I ::rhe ) \ St„,',\‘'\k‘:::::,:r-.:1, , ,. .;.',..,,-'' \ 0 IIP 4 o A'. 1• 4 1s Q, y CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek SUBJECT: Pheasant Run Plat Condition regarding Connection to Valley View Road MEETING DATE: September 7, 1999 INTRODUCTION/BACKGROUND: Shakopee Services is expected to address the Council regarding Pheasant Run Street in the plat of Pheasant Run. This street is currently barricaded to prevent access to Valley View Road. It is staff's understanding that Shakopee Services would like to see the barricades removed in order to facilitate school bus access. The barricades were installed consistent with a condition of approval of the preliminary plat,which provides as follows; 7. The developer shall construct a temporary cul-de-sac to prevent access to Valley View Road until such time that Valley View Road has been improved and shall provide easements to the City. This condition was added after the Planning Commission review of the preliminary plat because of concerns that 1)the intersection of Valley View Road and CSAH 17 is unsafe, and 2)additional traffic should not be added to Valley View Road until it is improved and the intersection is realigned. ACTION REQUESTED: Provide direction to staff regarding the request and roadway connection to Valley View Road. • o R. Michael Leek Community Development Director CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek SUBJECT: Initiating the Vacation of a blanket easement over certain properties in Sections 7 and 18,Township 115,Range 22, City of Shakopee,County of Scott, State of Minnesota MEETING DATE: September 7, 1999 Introduction: The attached Resolution No. 5231 sets a public hearing date to consider the vacation of a blanket easement over certain properties in Sections 7 and 18,Township 115,Range 22, City of Shakopee, County of Scott, State of Minnesota(generally, Shakopee Valley Marketplace. The requested vacation is for a blanket easement originally granted Minnesota Valley Electric Cooperative and transferred to the City for SPUC's use. SPUC has indicated that the easement is no longer needed (See 9/03/1999 memo from Joe Adams). Thus,the vacation process is being initiated by the City. Action Requested Offer Resolution No. 5231, A Resolution Setting the Public Hearing Date to Consider the Vacation of a blanket easement over certain properties in Sections 7 and 18, Township 115, Range 22, City of Shakopee, County of Scott, State of Minnesota, and move its adoption. R. Michael Leek Community Development Director Bcommdevkx\1999\cc0907WACS Va1M RESOLUTION NO.5231 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A BLANKET EASEMENT OVER PROPERTY IN SECTIONS 7 AND 18, TOWNSHIP 115,RANGE 22,CITY OF SHAKOPEE,SCOTT COUNTY WHEREAS,it has been made to appear to the Shakopee City Council that a blanket easement over certain properties in Sections 7 and 18, Township 115,Range 22, City of Shakopee, County of Scott, State of Minnesota, serve no public use or interest;and WHEREAS,a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 5th day of October, 1999, at 7:00 P.M. or thereafter, on the matter of vacating a blanket easement over certain properties in Sections 7 and 18, Township 115,Range 22, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 . = LI # 4 g IF %API • 411 g • *#.1 - 4111 0 tA VO , NS.*° 1 I J I 11 g OF... e ** * _ DJ \ NI g ________---7----- _ „. 4* A 1 --- 4$ g _ MIN __ NI g • -..1 ___. r • 1 ,, 6 • 4 Ems KM C2c o) Ar •..... All j 0 — .iy8 iiegosJeN i . i LRE ta 0 0 :, 44 111 EIRSO r)l SEP-03-1999 15:12 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.01 ` .ao�.. o Fax Note • O� To rug-- Fant rJ"...,. i' SHAKOPEE PUBLIC UTILITIES COMMISSION MEMORANDUM TO: Judy Cox,Shakopee City Clerk FROM: Joseph D. Adams,Administrative Assi- RE: SHAKOPEE VALLEY MARKET PLACE DATE: 9/3/99 Paul Tucci of Oppidan has recently sent me the unclosed copy of a blanket easement originally granted to Minnesota Valley Electric Cooperative on 5/24/43,recorded on 5/10/65 and subsequently transferred to the City of Shakopee on 1/15/98. To our knowledge,there is no existing facility on the subject property for which this easement applies. Since the development of the property requires Oppidan to enter into our standard Underground Distribution Agreement which provides for the granting of utility easements for our facilities,I do not see any need to retain any portion of this blanket easement. Please call me with any questions. SEP-03-1999 15:12 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.02 it r.�!--- OPPian I IIIUUI 5123 Comity Rad 101,0 i 1 . Mirinppoaka,AIN. 55345 �Fi Fax 612-294-0131 .I . .1 1 . . FaxI '' 612 29417.43 ; Fang Paul Thai( ) lam =Pr 40A01.4 pm y ti • 71i7 "Pe' 3 Data CCI l! CI Urgent a For i9. 'ew G Please Comment a Please Reply 0 Please Recycle . : 744 1 . cu 14,p20 444 44/4 AjkA.04. tr., 4 4071.0 66 '64 i erzed4idetal-.44.24.044.1%.1% 6. 1 ' , J.. 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J3,7?, - ‘ . . . . . .. . . , ii . . • -1-1111, co ..,i..; !I • • . . . 1• . • i • coottora etstil wataao 5690 OCT ;19 ce:OT 6661,;(rdIS I SEP-03-1999 15:13 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.04 • Assignment of easement • C. oDiatien , entsredr Certificate f[•- Estate 40691.7 value ( 1 filed ( "7 •., required Certificate of Real es • Value me No. 19Zrsants t1 maim anetsesn ter Maar Main �� 1I GnilS Mae R taendat as -.;,;',5-, - / by l' �Y• , r c e� `• DUD TAX Mee 9 _ . /1 _W ` ea - IS or recording data) • Date: Ton vi:LUA=Le Coes l•.IRATXON, Minnesota Valley electric Cooperative, an incorporated cooperative association - -eased Under the law of the state of Minnesota, Granter. hereby • sells. assigns. convoys, .4 ants, quitclaims and transfers Unto the City of Shakopee, a Minnesota municipal corporation, g' tae, Grantor's interest in Chet certain easement dated May 24, 1943 made by George Schmitt a �• er to Minnesota valley electric Coeperative end filed fox record on May 10, 1965 as Dooms •) No.• 108076 in the office of the County Recorder of Scott County, • Minnesota, covering real - -party in Scott County, Minnesota described as follows: The South east Qua ,•er of the South east Quarter (UN of 9P1) of Section Seven (7), excepting the South Light (8) feet thereof for read purposes. Also the North Self of the North last r arter of Worth east Quarter (l44 of Nek of NEk) of Section Eighteen ill), ex4 pt the Nor Light (8) feet thereof to be used for road purposes, all in hip Ono IImBred fifteen (115), Range Twenty-two 122). Scott • county II together with all hereditsants and appurtenances belonging thereto. • l GRANTOR `.. . Y.:1 E C rp rpt);, ::77217447:3i: : L7+ZCTRIC coo2ER7lTSYi j „...,,,p. .. .. • rpt 1 a....,t F, . k 1 t� 4.,, •Nit IP Q O R i o. rt.t Genera e 8k . .. ,i'::• �, C)wtex here sf part of all et the lied Ct'' ' is Registsiai oz Tozrene D : " •e 't.• nt was acknowl Aged Defose methis �r}}tdao! �an(lary . 199 ,by •c.:,.,... the Genera el MS(Ieger of x amouaa�-veellsy electric Lvoperative, an nco ••ra -•••cogpera ° essooia on orga a under thelawsof the State�1 of Minnesota, on its Doha f.--. ...--; IoEsry ��Q. II EofHdo NOTARY aIMwREMa► v DRATfeb DY: iW�� earold Wander, Jr. (963 •9) Willisu .7. gassing {#4211• `, NIt3N 6 SIMON, PLC This recorded 1 naaen a t,.x • 2300 World Trade Center stataawnts for the reel property described 30 east Seventh Street in this instrument should be sent to: .St. Paul, Minnesota 55101 904 (412) 229-2900 129yof Southh Mamas Street Shakopee, Ainneseta 33379 a,u sso.1maw unarm/ 1 1 t • i • , i I Il• d £OOJ£00'd OM* acidic) MA A££ Zt9 9£ OS 666I.Z0'daS TOTAL P.04 � C . 1, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Transportation Equity Act (TEA-21)Application for Pedestrian Bridges,Rail Crossings, and Improvements on C.R. 83 and C.R. 16 DATE: September 7, 1999 INTRODUCTION: This agenda item is intended to request City Council approval to proceed with submittal of projects for Federal Funding in the Transportation Equity Act for the Twenty-First Century (TEA-21). City staff has identified in the Capital Improvements Program pedestrian bridges over T.H. 169, rail crossing improvements at Spencer Street and Sommerville Street, and County Road (C.R.) 83 and C.R. 16 realignment improvements for possible projects that could be funded by this program. BACKGROUND: The TEA-21 bill has been approved by the Federal Government and Metropolitan Council and MN/DOT are now receiving project submittals for possible funding within this program. The TEA-21 program has three areas primarily with funds allocated to it and they are as follows: • Surface Transportation Program(STP) • Congestion, Mitigation/Air Quality Program(CMAQ) • Transportation Enhancement Program (TEP) Approximately $62 million dollars is anticipated to be available for STP projects for the years 2002 through 2004. The TEP will have almost $60 million for the same period and the CMAQ projects will may have as much as $74 million available but, over a five year period from 2000 through 2004. Mn/DOT Metropolitan Division also has a program that is separate from these three programs that are handled by the Metropolitan Council and these programs are for bridges, safety and hazard elimination projects. This particular program is where rail crossing improvement programs and safety improvements can be applied for. As mentioned previously, the City has three projects that could potentially quality for Federal Funds under the TEA-21 and they are as follows: 1. Pedestrian bridges crossing over T.H. 169 2. Rail crossing safety improvements at Sommerville and Spencer Street 3. C.R. 83 and C.R. 16 improvements by T.H. 169 Under the STP, projects can be submitted under one of three categories. 1. Principal Arterial Highways 2. Projects on the "A" Minor Arterial Highway System, as defined by Transportation Advisory Board 3. Bike and Walk Projects Under the TEP, projects will be grouped into three categories as well and they are as follows: 1. Pedestrian and Bicycles 2. Historic 3. Scenic and Environmental The C.R. 83 and C.R. 16 improvements associated with the Valley Green Business Corporate Center development does qualify under the STP as an "A" minor arterial highway system improvement. Recently, C.R. 83 was added to the "A" minor arterial highway system and this project submittal will be prepared by WSB &Assoc. and will be paid by Valley Green. However, this submittal does need the City of Shakopee's approval in order for the funds to be given to a Municipality. It is proposed that if funds were obtained, any local match needed to complete the project would be paid for by Valley Green and not the City of Shakopee. Any cost in the submittal for TEA-21 funds will be paid for by Valley Green as well. The pedestrian bridges over T.H. 169 could qualify under the STP as a bike and walk project and also under the TEP as pedestrian and bicycle improvements. It is proposed by staff to apply these bridges over T.H. 169 under the TEP category, which Mn/DOT staff recommends for the highest ranking. In the Capital Improvements Program, staff identified five areas in which there are no pedestrian walkways and they are at C.R. 15, C.R. 77, C.R. 79, C.R. 17 and C.R. 83. Staff has reviewed the priority of each pedestrian/bicycle crossing and feels the priority order is C.R. 17, C.R. 79 due to the Hennepin County regional trail, and then east of C.R. 83. The other two pedestrian crossings would not rank high in a submittal at this time, in staff's opinion. Under this program, the City could obtain 80% funding from the Federal Government in order to construct separate pedestrian bridges, bridge approaches and connecting trails across T.H. 169 to connect to each area of the Community on either side of T.H. 169 with the pedestrian/bicycle facility. Currently, the bridges over T.H. 169 are not considered wide enough in order to legally be declared a pedestrian/bicycle walkway. The third project area is rail crossing safety improvements at Spencer Street and Sommerville Street. Staff is intending on applying for funds to construct signal warning lights at these locations, as none exist at these crossings currently. Staff has been in communication with the City Attorney and feels that applying for these rail safety crossing improvements would not be in conflict with the City's speed issue with the Union Pacific Railroad. It should be pointed out that there are signal warning lights at Fuller Street, Holmes Street and Lewis Street and not at Sommerville and Spencer Street, where there is more traffic crossing the railroad tracks than at the other three street locations. In order to submit a proposal to Metropolitan Council and Mn/DOT, City staff will need City Council approval, and will need to send a letter requesting Mn/DOT and Scott County's support for C.R. 83 improvements and Mn/DOT's support for pedestrian bridges over T.H. 169. The action being requested is for Council to direct staff to proceed with submitting projects for the TEA-21 program for the three projects as mentioned. The submittal deadline for TEA-21 projects is September 20, 1999. ALTERNATIVES: 1. Approve a motion directing staff to proceed on submitting the T.H. 169 bridges, the rail crossing safety improvements at Sommerville Street and Spencer Street and C.R. 16 and C.R. 83 improvements for TEA-21 funding to the Metropolitan Council and Mn/DOT. 2. Do not submit any projects for possible Federal funding. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, in order to receive Federal funding for these projects,which staff believes is needed for the City of Shakopee's infrastructure. ACTION REQUESTED: Approve a motion directing staff to proceed on submitting the T.H. 169 bridges, the rail crossing safety improvements at Sommerville Street and Spencer Street and C.R. 16 and C.R. 83 improvements for TEA-21 funding to the Metropolitan Council and Mn/DOT. ruce Loney Public Works Director BL/pmp TEA21 t 900 \ 000 09es o \ o . • 0 in un CO 0 a- 0 y N N c0 y L c C o m a U ) O .c n o a+ 7 O C' C o 0 C m ui E co C d 0 C N ti -0.0ti D n o t- 0 o p 3 > O caw e m m 2 • ...-0 2 13 cT7 = L .c c oma � � v N o c vam ° om � v� '0 ai ai ° _ 12O N. .22 o . a) .2) II LL .. 0) C 0 o c (0 • LL ca CO 2 .0 >. c C �. w . C ^ 3y co F_ c +`' 0 0 0 0 00 0 to O CO pw to '� la o iti W o o o to o to o U m O n.0 C tU o +ta T- lt1 0 p C CiN Uco n C ,a c c a CD VppV ` N2Ch .- r , .- + N N N O N C 0 . 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W ~ IL.. 0 CO n 00 COQf"n (oococoN - ~ O a Q o0 1 09 ' lr - CITY OF SHAKOPEE Memorandom CONSENT TO: Mayor and City Council Mark McNeil, City Administrator FROM: Marvin Athmann,Fire Chief 04 SUBJECT: Award of bid for Thermal Imaging System DATE: 8/23/99 INTRODUCTION: Council recently approved the Fire Department to request bids for a Thermal Imaging System consisting of a Thermal Imaging Camera with remote signal capability, and all the accessories to make this system operate. This Thermal Imaging System allows firefighters to see through the smoke and find victims and hot spots with much faster results and less damage to property. The following companies returned bids: Carins Iris - One helmet mounted Thermal Imaging Camera and accessories- $24,100.00 Metro Fire - One Bullard Thermal Imager with wireless remote transmitter- $19,775.00 Front Line Plus - One ISG K90 Thermal Imager with wireless remote transmitter- $23,815.95 DISCUSSION: The committee set up to research the Thermal Imaging System has met with all of the above vendors and feels the Thermal Imager from Front Line Plus is far superior for the following reasons- The Carins Iris does not have the capability as of yet to have wireless transmissions, and when it does it will cost about $1500.00 more to add. The Bullard Imager uses analog wireless transmission instead of digital, It does not have a temperature readout or a video overlay image booster. The ISG K90 bid includes a 9" or 13" TV/VCR with AC/DC capability. The committee has tried all of the above cameras and has found that the ISG K90 from Front Line Plus has a superior picture and wireless transmission capability than the other units. BACKGROUND: The 1999 Fire Department budget has a line item under capital expenditures 4550 for a Thermal Imaging Camera for$28,000.00 which is where the funds would come from. RECOMMENDATION: The committee for the Thermal Imaging System feels that the ISG K90 has more useful features and better quality picture with better wireless transmission capability than any of the other bidders. ACTION REQUIRED: Approval for the Shakopee Fire Department to purchase the ISG K90 Thermal Imaging System from Front Line Plus for$23,815.95 ls. D D . CITY OF SHAKOPEE CONSENT Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: August 27, 1999 Subject: Community Oriented Policing(COPS) Overtime Grant Introduction The Police Department is seeking authorization to make application to the Minnesota Department of Public Safety (MDPS) COPS overtime grant. Background The MDPS is currently accepting grant applications for the $500,000 in funds made available by the 1999 Minnesota Omnibus Crime Act. The purpose of the grant funds is to enable local law enforcement agencies to pay costs of assigning overtime officers to high crime areas within their jurisdictions. Budget Impact The COPS overtime grant does not require local matching funds. Action Requested If Council concurs, they should, by motion, authorize the Police Department to make application to the MDPS for a COPS overtime grant. an Hughes Chief of Police /5-, a CITYOF SHAKOPEE Memorandum To: Honorable Mayor and City Council Members City Administrator From: Marvin Athmann,Fire Chief M Date: 08/14/99 Re: Hiring of Firefighters INTRODUCTION: In February of 1999 the City Council authorized the Shakopee Fire Department to fill three Fire Fighter vacancies through the Scott County Personnel Department. BACKGROUND: The County Personnel Dept.advertised and received eleven(11)applications for Fire Fighter.They reviewed and rated the applications and forwarded them to the Fire Dept.for further processing. The Fire Dept.Hiring Committee reviewed the forwarded applications.Of the eleven,one asked not to proceed with the process. Two applicant did not qualify due to failure to meet the Fire Dept day time availability requirement.The eight remaining qualified applicants were invited to be interviewed.Five applicants choose to be interviewed and ranked on August 5th,1999.Five were selected to continue to the next phase of the hiring process. The physical agility test,which involves basic firefighting skills,was administered on August 14, 1999.Five applicants responded and participated in the agility testing with four applicants successfully completing the test. The combination of the Scott County ratings,Oral interview and Physical agility testing resulted with the following ranking: 1. Jacob Theisen 2. Eric Bender 3. Thomas Nendick 4. Mark Brandon Due to the recent resignation of a probationary firefighter the Shakopee Fire Dept.now has four vacancies on its roster. 1 August 14, 1999 ACTION REQUESTED The Department is requesting that the City Council hire four firefighters to fill the unfilled positions. RECOMMENDED ACTION: Approve the hiring of Jacob Theisen,Erik Bender,Thomas Nendick and Mark Brandon as Shakopee Fire Fighters to a one-year probationary period. 2 I S. 0, j! TO: Mayor Breke,City Council Members . City Administrator Mark McNeill C FNSENT FROM: Marvin Athmann,Fire Chief DATE: August 12, 1999 SUBJECT: Emergency Vehicle Preemption System INTRODUCTION The 1999 CIP budget includes an Emergency Vehicle Preemption System(EVP)line item for$30,000. BACK GROUND The EVP system allows emergency vehicle with EVP emitters to control EVP equipped signaled intersections,allowing the emergency vehicle to pass through the intersection safely and unimpeded by other vehicle traffic. Shakopee's Fire and Police vehicles have been equipped with EVP emitters and are currently using 6 intersection outfitted with the EVP systems.The intersections are: 1. CR 17 AND NORTH SIDE OF HWY 169 2. CR 17 AND SOUTH SIDE OF HWY 169 3. CR 17 AND VIERLING 4. CR 83 AND NORTH SIDE OF HWY 169 5. CR 83AND SOUTH SIDE OF HWY 169 6. CR 69 AND HWY 169 The Fire Department has included in this years and the following years CIP budget moneys for equipping the other existing intersections. These intersections and the priority for the changes are as follows: 1. CR 17 AND 10TH AVE 2. CRI7AND CR16 3. CR 17 AND 4TH AVE 4. CR17AND CR101 5. FULLER ST AND CR 69 6. CR 69 AND CR 101 7. 1ST AVE AND CR 101 8. CR 101 AND CR 83 9. CR 101 AND VALLEY PARK DR 10. CR 17 AND CR 78 11. SCOTT ST AND CR 69 12. CR 101 AND STAGE COACH RD. 13. CR 16 AND CR 83 I The Fire Department estimates that we will be able to retrofit 2 or 3 intersections per year depending on the existing signal equipment.The equipment for the for the EVP system will need to be engineered and specified.Bruce Loney,Public Works Director,has indicated to me that WSB Engineering is capable of accomplishing this. The City will then need to let bids for the purchase and installation of the equipment. RECOMMENDATION The Fire Department recommends that the council authorize WSB to engineer and specify the equipment needed to outfit 2 of the above intersections.Also to authorize the Fire Department to let bids for the purchase and install of the specified equipment. is, 0, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Code Inspector Position DATE: September 2, 1999 INTRODUCTION: The Council is asked to authorize the advertisement of a full time Fire Code Inspector position,which is a new position to be created in the Community Development Department. BACKGROUND: As part of the approved budget for FY 99, a Fire Marshall was approved by the City Council. This had been requested by the Fire Chief to assist in some of the day to day activities which take up much time for the volunteer fire fighters, and also to facilitate the implementation of a regular fire inspection program for commercial buildings and apartment houses. As a result,the Council did approve a Fire Marshall position in the FY 99 budget. Recently, staff has done research regarding how this position would be formulated. In the Stanton Group Six Cities (from 10,000 to 25,000 population),there are six cities with full time Fire Marshalls, and one full time Fire Marshall for Group Seven Cities (Excelsior, but that serves four other cities,with a population of approximately 18,000 total.). In addition to the above listed cities,the City of Burnsville was also contacted. While some cities have had the position for years, it appears that in almost every case the position was created primarily to reduce the demand on part time fire fighters; however, each has its own variation of that. Some cities not much larger than Shakopee employ not only a Fire Marshall,but also one or more fire inspectors on a full time basis. With the exception of Golden Valley and Excelsior, all of the cities have the Fire Marshall as being a member of the fire department. However, in reviewing this situation, we agree with those two cities that this position should be in a different department- there can be problems if an employee is paid on a full time basis to do what previously volunteers had been doing for no pay. However,the position should be advisory to the Fire Chief. In addition,we would require the position to become a member of the Shakopee Fire Department within six months of appointment; each of the cities that were interviewed stated the benefit of having an additional assured driver to be able to respond to daytime fire calls. An emphasis of the Fire Marshall position in each city was doing fire inspections. Depending upon whether the city was growing, or fully developed,that might range from a majority of time spent in plan reviews,to more time doing inspections of existing buildings. We believe Shakopee would provide an opportunity to do both-there has not previously been a regular inspection program of commercial or multi-family dwellings in Shakopee. From a public safety standpoint,it is important to have that as a program. Only a couple of cities actually charge fees to commercial owners for fire inspection of buildings. Each of the others recommended against it(one City suggested that if this was going to be done,to wait several years until the program was established and accepted). The emphasis needs to be on compliance for the benefit of the safety public, rather than on this being a revenue producer. It was not uncommon,however,to find that the Fire Marshall position did charge for review of alarm systems,underground storage tanks, and sprinkler permits. (Shakopee currently charges for sprinkler permits on a flat fee basis). BUDGET IMPACT: The FY 99 budget provided for 50%of the funding to come from general fund, and 50% from fees. However,the recommendation is not to charge for plan reviews. Given the fact that this would not be filled until October or November,there is sufficient funding from the FY 99 General Levy to fully support the position. FY 2000's tentative budget calls for the position to be fully funded through the General Levy. One comment that was received from one of the Fire Marshalls that was interviewed was that his position was a"training ground"for people wishing to be Fire Marshalls in larger cities, owing to the relatively low pay in his smaller city(approximately $25,000 per year). We have budgeted this position at the first step of what a building inspector would be paid ($37,471). It is evident,however,that what we have anticipated for this position,both in terms of budget and job description, is less than what most cities do with their Fire Marshalls. In almost all of those cases,the position is supervisory, and actually may be in charge of a small division with fire inspectors, clerical people, etc. In several cases,the Fire Marshall also acts as Fire Chief in daytime responses. As such,to compare what was anticipated in the budget with the Stanton Group Six average for Fire Marshalls would be incorrect; the Shakopee position would be underpaid. However,the position of Fire Code Inspector is a"benchmark"position of the Stanton Survey; at 78 points, it is identical to the job value of a building inspector. That is consistent with what we had anticipated the position to be - someone with duties comparable to that of a building inspector and do primarily fire code inspection activities. For comparison, a Fire Marshall benchmark is 82 points, equal to that of a City Clerk. For that reason,rather than title this position a Fire Marshall,we recommend that the job description utilizing the title"Fire Code Inspector"be used. In addition to the fire code and inspection work,the position will also do education of fire prevention(tour groups, school presentations), as well as assisting with hazardous materials and"Right to Know" education for other City departments. The position would be eligible for overtime. However,the position would be scheduled with a significant amount of flexibility, so that evening fire calls would be offset by taking time off during the work week. Where overtime is unavailable, compensation would be at time and one half of a blended rate of inspector full time pay, and hourly part time fire fighter pay, in accordance with the Fair Labor Standards Act. RECOMMENDATION: We recommend that the City be authorized to work with Scott County Human Resources to advertise for this position. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the following: 1. Adopt the proposed job description for Fire Code Inspector. 2. Adopt Resolution 5226, Modifying the 1999 City Pay Plan to provide for the Fire Code Inspector position in Grade H. 3. Authorize advertisement of the Fire Code Inspector position through Scott County Human Resources, utilizing Step 1, Grade H of the City's pay plan(salary range $37,471 to $46,838),with a starting salary not to exceed Step 1. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Job Description Job Title: Fire Code Inspector Department: Community Development Reports To: Community Development Director(Advisory to Fire Chief) FLSA Status: Non-Exempt Prepared By: Prepared Date: 9/99 Approved By: Approved Date: SUMMARY To apply and administer codes and fire safety standards in the City in a manner that will safeguard people and property from death,injury or damage,assist in the investigation of fires, and provide fire prevention education. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following: Inspects all commercial and industrial structures,and multiple-family attached dwellings with twelve or more units in the city to ensure that the facilities and structures conform with municipal codes in a manner that will minimize fires and prevent deaths or injuries. Reviews permits,plans and materials for all new structures,and changes of use to insure that they effectively conform with fire safety codes and practices. Coordinates this plan review with building code review conducted by the Building Inspection Division. Directs plan review and issues permits for fire alarm,sprinkler and stand pipe systems. Assists in fire investigations to determine cause and origin;prepares comprehensive reports on such fires,coordinating efforts with City Police and Fire Departments. May be called upon to testify in court on results of such investigations. Develop and implement fire prevention education programs to ensure public, schools and building owner(s)awareness of the importance of fire safety and conformance with fire safety codes. Communicates with building owners and occupants regarding violations and methods of correction necessary to enforce compliance and initiates corrective action when violations are encountered. Prepares comprehensive reports on fires to facilitate actions to minimize or eliminate future fires of a similar nature. Coordinates inspections with building inspectors,and reviews Certificates of Occupancy. Issues burning permits for hazardous situations covered by fire codes. Page 1 Keeps Community Development Director and Fire Chief informed promptly of matters which are important to the City's interests or the public health, safety and welfare. Serves on various committees for the development or modification of fire codes that will effectively guarantee the safety of the public and attends staff and council meetings when required. Performs other duties as apparent or assigned. QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily.The requirements listed below are representative of the knowledge,skill,and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Equivalent to the completion of twelfth grade. Four years experience in fire inspection. Hazardous material training is desired. Must complete Fire Inspector Basic and Advanced classes through Minnesota State Colleges& Universities(MnSCU)within one year of appointment. Structural firefighting experience is desired. CERTIFICATES,LICENSES,REGISTRATIONS Shall become City of Shakopee Firefighter within six months of appointment. Valid driver's license Shall become certified at or equal to NFPA#1031 Fire Inspector III and/or Minnesota Fire Service Certification Board Fire Inspector III within 6 months of appointment. LANGUAGE SKILLS Ability to read and interpret documents such as safety rules,operating and maintenance instructions and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively with individuals or groups. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts,interest,commissions,proportions, percentages,area,circumference and volume. REASONING ABILITY Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Ability to interpret a variety of instructions furnished Page 2 in written,oral,diagram or schedule form. OTHER SKILLS AND ABILITIES Thorough knowledge of all types of building construction materials and methods,and stages of construction when possible violations and defects may be most easily observed and corrected. Knowledge of state and local building codes,rules,regulations and relevant rules. Ability to enforce ordinances and regulations firmly,tactfully and impartially. Ability to do building construction inspection and read and interpret plans, specifications and blueprints. Ability to maintain effective working relationships with architects,builders,home owners,employees, other agencies,officials and the general public. Ability to operate a computer and other office equipment. PHYSICAL DEMANDS Essential and other important responsibilities and duties require maintaining physical condition necessary for standing and sitting for prolonged periods of time,manual dexterity; adequate hearing,vision and speech;may be required to operate assigned vehicle. Successful completion of a pre-employment physical including drug screen is required. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Depending upon particular assignment,work environment may require employee to: Work outside in all weather conditions-rain,heat,cold,etc. May work in dirty or muddy surroundings. Wear safety equipment and follow established safety practices and procedures. Be involved in strenuous positions for long period of time. Work independently with a minimum of supervision. Deal effectively and tactfully with the public. Page 3 RESOLUTION NO. 5226 A RESOLUTION AMENDING RESOLUTION NO. 5034,WHICH ADOPTED THE 1999 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE • WHEREAS, on December 1, 1998,the City Council of the City of Shakopee, Minnesota,adopted Resolution No. 5034, approving the 1999 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS,on September 7, 1999 the City Council of the City of Shakopee, Minnesota, authorized the recruitment process for the Fire Code Inspector position, it is therefore necessary to amend the 1999 Pay Plan by adding the classification of Fire Code Inspector in Grade H. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 1999 Pay Plan for Officers and Non-union Employees is hereby amended to include the classification of Fire Code Inspector in Grade H. Adopted in session of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1999 Pay Plan EFFECTIVE 1/1199 Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjust City Administrator Q $67,057 $69,452 $71,847 $74,241 $76,636 $79,031 $81,426 $83,820 Unused P $62,988 $65,238 $67,487 $69,736 $71,986 $74,235 $76,485 $78,734 Police Chief O $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 PWDir/Eng. 0 $58,918 $61,022 $63,127 $65,231 $67,335 $69,439 $71,543 $73,647 Corn.Dev.Dir. N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Finance Director N $55,328 $57,304 $59,280 $61,256 $63,232 $65,208 $67,183 $69,159 Unused M $51,737 $53,585 $55,432 $57,280 $59,128 $60,975 $62,823 $64,671 City Engineer L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 Deputy Chief L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 62,428 Park&Rec.Dir. L $48,602 $50,337 $52,073 $53,809 $55,544 $57,280 $59,016 $60,751 $ 50,963 Asst City Eng K $45,466 $47,089 $48,713 $50,337 $51,960 $53,584 $55,208 $56,831 EDA Coordinator J $42,690 $44,214 $45,739 $47,263 $48,788 $50,312 $51,837 $53,361 Building Official I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 PW Supervisor I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Project Coordinator I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Accountant III I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Planner II I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Facility Mgr I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 City Clerk I $39,913 $41,338 $42,763 $44,189 $45,614 $47,039 $48,465 $49,890 Bldg Inspector H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Fire Code Inspector H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Eng Tech IV H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Recreation Super II H $37,471 $38,809 $40,147 $41,486 $42,824 $44,162 $45,500 $46,838 Payroll Benefits Coord G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Planner I G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Eng Tech III G $35,030 $36,280 $37,531 $38,782 $40,033 $41,284 $42,535 $43,786 Unused F $32,852 $34,025 $35,198 $36,371 $37,544 $38,718 $39,891 $41,064 Executive Secretary E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Recreation Supervisor E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Eng Tech II E $30,673 $31,768 $32,864 $33,959 $35,055 $36,150 $37,245 $38,341 Planning Tech D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Secretary D $28,806 $29,834 $30,863 $31,892 $32,921 $33,949 $34,978 $36,007 Accounting Clerk C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Police Records Tech C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Clerk Typist l C $26,939 $27,901 $28,863 $29,825 $30,787 $31,749 $32,711 $33,673 Office Service Wkr B $25,263 $26,166 $27,068 $27,970 $28,872 $29,774 $30,677 $31,579 Community Sery Officer A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Customer Sery Rep A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 FacilityMaintWkr A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Bldg Maintenance Wkr A $23,587 $24,430 $25,272 $26,114 $26,957 $27,799 $28,641 $29,484 Amended 9/2/99 CITY OF SHAKOPEE Memorandum �5 / TO: Mayor and City Council Mark McNeill, City Administrator CO ' FROM: Judith S. Cox, City Clerk SUBJECT: Applications for On Sale and Sunday On Sale Liquor Licenses Gregorio's LLC DATE: August 27, 1999 INTRODUCTION: City Council is asked to consider the applications from Gregorio's LLC for an on sale and Sunday on sale intoxicating liquor licenses. BACKGROUND: Mr. Greg Vierling has made application on behalf of Gregorio's LLC for on sale and Sunday on sale intoxicating liquor licenses for a new restaurant, currently under construction, at 132 South Holmes Street. Prior to delivering the licenses, the construction shall be completed and a certificate of occupancy must be issued by the Building Department. In addition, evidence of liquor liability will need to be provided. The applications from Mr. Vierling are in order. The customary background investigation was conducted by the Police Department. The investigation provided nothing in the applicant's background to preclude the licenses from being granted. Mr. Vierling has obtained a conditional use permit from the Planning Department for a restaurant serving intoxicating liquors. Also, the investment in the premises for fixtures and structures has been met, as required for a new license. Mr. Vierling will be receiving a Class E license, which is granted to restaurants having a seating capacity for 125 or more customers who derive at least 50% of their gross sales from the sale of food. (There will be three remaining on sale liquor licenses available for new business. One for a hotel/motel, one for a restaurant that seats under 125 customers and one for a restaurant that seats over 125 customers.) RECOMMENDED ACTION: Move to approve the applications and grant on sale and Sunday on sale intoxicating liquor licenses to Gregorio's LLC, 132 South Holmes Street, effective October 1, 1999, upon compliance with requirements of the city code. J S. Cox, City Cler JSC/jms i jeaneue/gegorio CITY OF SHAKOPEE Memorandum CONSES TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox,City Clerk SUBJECT: Multiple Sclerosis Minneapolis Chapter Minnesota DATE: August 26, 1999 INTRODUCTION&BACKGROUND: The Multiple Sclerosis Minneapolis Chapter Minnesota is making application to renew their premise permit for their gambling activities at the Rock Spring Restaurant at 1561 East 1st Avenue. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 5214,A Resolution of the City of Shakopee,Minnesota,Approving Premises Permit for the Multiple Sclerosis Minneapolis Chapter Minnesota,and move its adoption. JSC/jms • RESOLUTION NO. 5214 • A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,APPROVING PREMISES PERMIT FOR MULTIPLE SCLEROSIS MINNEAPOLIS CHAPTER MINNESOTA WHEREAS,the 1990 legislature adopted a law which requires municipal approval in order for the Gambling Control Board to issue or renew premises permits;and WHEREAS,Multiple Sclerosis Minneapolis Chapter Minnesota is seeking renewal of their premises permit through December 31,2001,for the site at Rock Spring Restaurant at 1561 East 1st Avenue, Shakopee,Minnesota. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That the premises permit for the Multiple Sclerosis Minneapolis Chapter Minnesota at the Rock Spring Restaurant, 1561 East 1st Avenue, Shakopee,Minnesota is hereby approved. Adopted in Regular Session of the City Council of the City of Shakopee,Minnesota,held this 7th day of September, 1999. Mayor of the City of Shakopee ATTEST: City Clerk MEMORANDUM CC:NSENti TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Southbridge 4th Addition DATE: September 2, 1999 INTRODUCTION: City Council is asked to consider adopting the attached Resolution No. 5219 which apportions existing special assessments against newly created lots located within the plat of Southbridge 4th Addition. BACKGROUND: Prior to the platting of Southbridge 4th, there were existing special assessments against it for the Southbridge Parkway Collector Street, Project No. 1997-4 and 1997-4A. Now that the parcels have been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new lots. Resolution No. 5219 apportions the existing special assessments against the newly created lots within the plat. The developer has agreed to the apportionment in the developers agreement for this subdivision. RECOMMENDED ACTION: Offer Resolution No. 5219, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Southbridge 4th Addition, and move its adoption. • ±L46 Ci Clerk is\clerk\jeanette\app-spec\memo RESOLUTION NO. 5219 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF SOUTHBRIDGE 4TH ADDITION WHEREAS,on November 17, 1998,Resolution No. 5016 adopted by the City Council levied assessments against properties benefited by the Southbridge Parkway Collector Street, Project No. 1997-4 and 1997-4A;and WHEREAS,three parcels benefited by the said improvement and known as Outlots C, D, and K of Southbridge 1st Addition have been subdivided into the plat of Southbridge 4th Addition; and WHEREAS,it is the desire of the City Council to apportion the installments remaining unpaid against this parcel because of the platting of Southbridge 4th Addition. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA that the 1999 payable remaining balance of assessments(to parcels 27-250077-0,27-250078-0,27-250085-0 for the 1997-4 and 1997-4A Southbridge Parkway Collector Street)are hereby apportioned as outlined in Exhibit"A"attached hereto and made a part hereof. BE IT FURTHER RESOLVED,that all other parts of Resolution No. 5016 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1999. 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Z c;o Z (;) Z c; Z W Z w Z w z Cl) V w co NI (n co V cn 0) co co vOi co °Dr 00 r °0 r °D r °o 0D 00 r r r °D r 0D r °o r ao r -I -1 -I -I -I -I --.1 -I -I -I -I 0 0 v 0 v 0 a a v v v a v v u a -v a v v -o > > > > > > > > > > > -I -I -I -I -I -I -1 -I -I -I Z Z Z Z z Z z z z z z m m m m m m m m m m m 23 m m m m m m x m m x x x x I I x x x x x x .P Cn r .P. wr - Cn r A (n r .p Cn r - Cn r A Cn r A Cn r .C. 01- .A Co r A Cn r = O0 = 00 = O0 = O0 = O0 = O0 = O0 = O0 = 00 = O0 = O0 ›. -.1 A D -i D -1 2. --1- D -I D -1 D -I D -I D -I ). --1 D -1 OWw OWw OWw OWw OWw OWw OM -' OWw OWw OWw qMr :71xr qMr qMr qXr . 731- L7/ 73r- . 73r .74771- _ 7Jr qur O - OF, O � O � OR O � O � p0 pP po po Z z 'nco ZOoo ZOoo ZOoo ZOV z 'n -4 z0 V ZO V ZOO, ZOO, ZOO, m m m m m m m m m m m m ro O m Co 69 EA 69 69 69 69 EA 69 69 69 EA CO w Co) w C.) w w w w C.) w CO -CIO 0o bo -co co -co co pw� co 0o Co A A A A A 0) A ACo (D (D (D (O (O CO (D (6 (O (O (D N N N N N N N N N N N N N.) N ',s4 �l -ii N N Co Co Co A A A O 0 0 O Cr) 0) CT A ? O 0 0 M o M o = M o = > z => om > Om > O > L) Onm Onm ? _ m ? _ m ? _ m ono . 00 � Ou cri 0 cn 0 CA 0 o Cn o o 0) N O N 0) N 0 ▪ co -.1 co V co H - --1 v 0 0 -o -o v > > > 73 73 X Z Z Z m m m 73 x 73 co ci) CO I _ _ v -o v AcO coAO or H= OC -I mc -=i mc -I r D --I r ›. -1 p = O o = O 02 (11 o w -1 Ow -1 pww O v w 7.1W > 5- 0 T. zm Zm Zmoo T w co co H 0 D r 4,9 69 69 69 v w C.) W C) C) O) C.) J 01 O (D co c O O O cD O A 0 m E y. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: LOGIS Supplemental Assessment DATE: August 17, 1999 Introduction Council has previously been advised that the city' s computer consortium is acquiring new financial/payroll/human resources software. As part of the acquisition, an additional one time payment might be assessed to the cities . Background LOGIS has just purchased financial software from J. D. Edwards. $600, 000 was in the LOGIS budget for this item. An evaluation process showed this software to be the best choice. Initial price quoted was about $1 . 8 million. LOGIS negotiated that down to about $1 . 2 million. The product is more expensive than anticipated but is judged to good value for the price. The needed financing involves two sources not normally used. These are a loan from another city and each member that uses the software would pay an up front assessment for part of the cost . The assessment for Shakopee is $14, 515 . Payment options are: Alternatives 1 . Pay in 1999 . This was identified during the 1999 budget process as a potential cost but is not included in the 1999 budget . It is now a liability to be booked and charged against the 1999 budget . Payment in 1999 would help LOGIS by requiring less borrowing. 1999 revenues are running ahead of budget for an offset in a budget amendment . 2 . Pay in 2000 . This would still hit the 1999 budget . 3 . Pay over a three year period. This would still hit the 1999 budget . Recommendation Alternative #1 . 16, Action Move to authorize the payment of the LOGIS assessment for new financial software in 1999 in the amount of $14, 515 and a 1999 budget amendment be prepared. )1;1) Gregg Voxland Finance Director C:\gregg\memo\logis CITY OF SHAKOPEE Memorandum CONSENT) TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Revised Investment Policy DATE: September 1, 1999 Introduction The attached investment policy is marked to show the changes from the 1996 policy. The changes are due to two reasons : 1. General updating of the policy. 2 . Changes to accomodate the use of an investment manager as authorized by Council . Basically the changes are to allow mortgage backed securities (not "derivatives" ) as an authorized investment, extend the maturity range and to add a benchmark provision for the core or long term investments. Action Offer Resolution No. 5220, A Resolution Adopting An Investment Policy And Repealing Resolution No. 4374 and move its adoption. Greg Voxland Fina ce Director C:\gregg\memo\ RESOLUTION No. 5220 A Resolution Adopting An Investment Policy And Repealing Resolution No. 4374 WHEREAS, City Council has previously adopted Resolution No. 4374 A Resolution Adopting An Investment Policy And Repealing Resolution No. 4227, and, WHEREAS, it is now in the best interest of the City to amend and update the investment policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 4374, A Resolution Adopting An Investment Policy And Repealing Resolution No. 4227 is hereby by repealed. BE IT FURTHER RESOLVED that the attached Investment Policy dated September 1, 1999 is hereby adopted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE, MINNESOTA INVESTMENT POLICY January 1, 1996 • September 1, 1999 I. Scope II. Objective 1. Safety 2. Liquidity 3. Yield III. Standards of Care 1. Prudence 2. Ethics and Conflicts of Interest 3. Delegation of Authority IV. Safekeeping and Custody 1. Authorized Financial Dealer and Institution 2. Internal Controls 3. Delivery vs. Payment (DVP) V. Suitable and Authorized Investments 1. Investment Types 2. Collateralization 3. Repurchase Agreements VI. Investment Parameters 1. Diversification 2. Maximum Maturities VII. Reporting 1. Methods 2. Marking to Market VIII. Policy IX. Investment Pools 1. Definition 2. Questionnaire X. Depositories I. Scope This policy applies to the investment portfolio under the authority and control of the City Treasurer/Finance Director of the City of Shakopee. For purposes of investing, this portfolio is separated between the Short-Term Operating funds, Reserve funds, and Longer-Term "Core" funds and is limited by the objectives and restrictions of this investment policy. Thio policy applieo to the investment of chort term operating fundo under thc management and cuotody of thc City Troacurcr/Financo Director. Excluded are funds of the Fire Relief Association which has its own investment policy and is controlled by the Fire Relief Board of Trustees, fundo undcr the management of the deferred compcnoation administrator, funds held in escrow by agents which are normally covered by the terms of the escrow agreement and investment pools such as the 4M Fund, State Board of Investment and the cash flow pooling of the safe keeping agent (see section IX on investment pools) . 1. Pooling of Funds Except for cash in certain restricted and special funds, the City of Shakopee will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. II. General Objectives The primary objectives, in priority order, on investment activities shall be: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk The City of Shakopee will minimize credit risk, the risk of loss due to failure of the security issuer or backer, by: • Limiting investments to the safest types of securities; • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which the city will do business; • Diversifying the investment portfolio so that the potential losses on individual securities will be minimized. B. Interest Rate Risk The City of Shakopee will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: • Structuring the Short-Term Operating investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. • Investing Short-Term Operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools. • Evaluating the Longer-Term Core investment portfolio against an agreed upon benchmark that meets the risk tolerances of the City of Shakopee and its investment policy. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity) . Furthermore, since all possible cash demands can not be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity) . A portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same-day liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core e€ investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1) a security with declining credit may be sold early to minimize the loss of principal; 2) a security swap would improve the quality, yield, or target duration in the portfolio; 3) liquidity needs of the portfolio require that the security be sold; 4) there is a definite economic benefit to be realized. III. Standards of Care 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Shakopee. 3. Delegation of Authority Authority and responsibility for the operation of the investment program is hereby delegated to the Finance Director/Treasurer, who shall carry out established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. IV. Safekeeping and Custody 1. Authorized Financial Dealer and Institution A list will be maintained of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by creditworthiness (minimum capital requirement $10,000,000 and at least five years of operation) . These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule) . All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must be located in the Twin City metropolitan arca and supply the following as appropriate: • audited financial statements • proof of National Association of Securities Dealers (NASD) certification • proof of state registration • certification of having read the city's investment policy An annual review of the financial condition and regictration of qualified financial lectita.tie c and broker/dcalcra will be conducted by the Finance Director From time to time, the City/SPDC may choose to invest in instruments offered by minority and community financial institutions. These financial institutions may not meet all the criteria under paragraph 1. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. Also, these types of investment purchases should be approved by the appropriate legislative body in advance. 2. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City of Shakopee are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Finance Director shall establish a process for annual independent review by an external auditor (as part of the audit) to assure compliance with policies and procedures. The internal controls shall address the following points: a. Control of Collusion. Collusion is a situation where two or more employees are working in conjunction to defraud their employer. b. Separation of transaction authority from accounting and record keeping. By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties in achieved. c. Custodial safekeeping. Securities purchased from any bank or dealer including appropriate collateral (as defined by state law) shall be placed with an independent third party for custodial safekeeping. d. Avoidance of physical delivery securities. Book entry securities are much easier to transfer and account for since actual delivery of a document never takes place. Delivered securities must be properly safeguarded against loss or destruction. The potential for fraud and loss increases with physical delivered securities. e. Clear delegation of authority to subordinate staff members. Subordinate staff members must have a clear understanding of their authority and responsibilities to avoid improper actions. Clear delegation of authority also preserves the internal control structure that is contingent on the various staff position and their respective responsibilities. f. Written confirmation of telephone transactions for investments and wire transfers. Due to the potential of error and improprieties arising from telephone transactions, all telephone transaction should be supported by written communications and approved by the appropriate person. Written communications may be via fax if the safekeeping institution has a list of authorized signatures. g. Development of a wire transfer agreement with the lead bank or third party custodian. This agreement should outline the various controls, security provisions, and delineate responsibilities of each party making and receiving wire transfers. 3. Delivery vs. Payment All trades where applicable will be executed by delivery vs. payment (DVP) . This ensures that securities are deposited in the eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced by cafckccping rccciptc monthly statements. V. Suitable and Authorized Investments 1. Investment Types Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state law where applicable; a. U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, which have a liquid market with a readily determinable market value. This includes mortgage-backed passthrough securities issued by any U.S. Government agency; b. Canadian government obligations (payable in local currency) ; c. Certificates of deposit and other evidences of deposit at financial institutions, bankers' acceptances, and commercial paper, rated A-1, P-i, F-1 or higher by at least two ratcd in the highest tier (-a-.g. ,A 1, P i, F 1, or highcr) by a nationally recognized rating agencies; d. Investment-grade obligations of state and local governments and public authorities e. Repurchase agreements whose underlying purchased securities consist of the foregoing; f. Money market mutual funds regulated by the Security and Exchange Commission and whose portfolios consist only of dollar- denominated securities; and g. Local government investment pools, either state-administered or through joint powers statutes and other intergovernmental agreement legislation. Investment in derivatives or high-risk mortgage-backed securities is not authorized. High-risk mortgage-backed securities are defined as: a. interest-only or principal-only mortgage-backed securities; and b. any mortgage derivative security that: 1. has an expected average life greater than ten years; 2. has an expected average life that: (i) will extend by more than four years as the result of an immediate and sustained parallel shift in the yield curve of plus 300 basis points; or (ii) will shorten by more than six years as the result of an immediate and sustained parallel shift in the yield curve of minus 300 basis points; or (iii) will have an estimated change in price of more than 17 percent as the result of an immediate and sustained parallel shift in the yield curve of plus or minus 300 basis points. 2. Collateralization In accordance with state law and the GFOA Recommended Practices on the Collateralization of Public Deposits, full Collateralization will be required on non-negotiable certificates of deposits to extent the deposits exceed the available FDIC insurance. 3. Repurchase Agreements Repurchase agreements shall be consistent with state statutes and GFOA Recommended Practices on Repurchase Agreements. VI. Invest Parameters 1. Diversification The aggregate investment portfolio invcctmcntc shall be diversified by: • limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities) , • limiting investment in securities that have higher credit risks, • investing in securities with varying Maturities, and • continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs) , money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. • All investments other than in direct obligations or agencies of the United States, secured by collateral, or repurchase agreements, shall not exceed fifty percent of the aggregate investment portfolio. Mortgage-backed securities shall not exceed thirty-five percent of the aggregate investment portfolio, at time of purchase. This limitation is determined by type of investment, i.e. commercial paper or bankers acceptance. • Further, investment in any one corporation shall not exceed & ten percent of the aggregate investment portfolio and five percent S4 of the corporation's assets. 2. Maximum Maturities Short-term operating funds To the extent possible, the City of Shakopee shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Shakopee will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The City of Shakopee shall adopt weighted average maturity limitations (which often range from 90 days to 3 years) , consistent with the investment objectives. The City of Shakopee shall adopt a maximum weighted average maturity of 3 years for these funds. Longer-Term Core funds, shall not be invested in securities exceeding 8 years in modified duration, at time of purchase. The City of Shakopee shall adopt a maximum weighted average duration of +1500 of the benchmark defined herein. Reserve funds and other funds with longer term investment horizons may be invested in securities exceeding five (5) years if the maturity of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturities shall be disclosed in writing to the legislative body. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as LGIPs, money market funds, commercial paper or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. VII. Reporting 1. Methods The Finance Director shall prepare an investment report at least quarterly. The report will be provided to the City Administrator, City Council and EDA for "city funds" and to the Shakopee Public Utilities Commission for its funds. Included in the report shall be the following: • A listing of individual securities held at the end of the reporting period listed by maturity date. • The carrying basis, the current calculated accreted basis and the current market value. • Weighted average yield to maturity, and weighted average modified duration. • Percentage of total portfolio by type of investment. • Total return performance measured against the selected benchmark for the Longer-Term Core funds. 2. Performance Standards The investment portfolio will be managed in accordance with the - _ __ - this policy. The portfolio should environment of stable interest rates. A series of appropriate benchmarks shall be established against which portfolio performance shall be compared on a regular basic. The Short-Term Operating funds and Reserve funds shall be managed in accordance with the parameters specified within this policy and shall obtain an average money market rate of return. The Longer-Term Core funds shall be managed in accordance with the parameters specified within this policy and shall be regularly evaluated against a benchmark. The benchmark will be a custom index blend of eighty percent of the Merrill Lynch 1-5 Year U.S. Treasury index and twenty percent of the Merrill Lynch Mortgage, GNMA, All 15 Year index. This benchmark shall, at a minimums be reviewe every three years `n ensure ccno�ctcn n.yr with the City of Shakopee's investment policy and risk tolerances. 2. Marking to Market The market value of the portfolio shall be calculated at least quarterly and a statement of the market value of the portfolio shall be issued at least quarterly with the above report. This will ensure that review of the investment portfolio in terms of value and price volatility, has been performed consistent with the GFOA Recommended Practice on "Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools." VIII. Policy Considerations 1. Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such moneys shall be reinvested only as provided by this policy. 1. Amendment This policy shall be reviewed on an annual basis. Any changes must be approved by the Finance Director and the City Council. IX. Investment Pools 1. Definition The purpose of an investment pool is to allow political subdivisions to pool investable funds in order to achieve a potentially higher yield. There are basically three types of pools, 1) state run pools; 2) pools operated by a political subdivision where allowed by law and the political subdivision is the trustee; and 3) pools that are operated for profit by third parties. Prior to the city being involved with any type of pool, a through investigation of the pool and its policies and procedures must be reviewed. 2. Pool Questionnaire Prior to entering a pool, the following questions and issues should be considered. Securities Government pools may invest in a broader range of securities than permitted by city policy. Deviation from the policy is permitted for pools to the extent that securities are authorized by state statute and the Finance Director/Treasurer is aware of and comfortable with those securities. 1. Does the pool provide a written statement of investment policy and objectives? 2. Does the statement contain: a. a description of eligible investment instruments? b. the credit standards of investments? c. the allowable maturity range of investments? d. the maximum allowable dollar weighted average portfolio maturity? e. the limits of portfolio concentration permitted for each type of security? f. the policy on reverse repurchase agreements, optionc, chort calcc and futurcc? 3. Are changes in the policies communicated to the pool participants? Interest Interest is not reported in a standard format, so it is important to know how interest is quoted, calculated and distributed so that you can make comparisons with other investment alternatives. Interest Calculations 1. Does the pool disclose the following about yield calculations: a. the methodology used to calculate interest? (simple maturity, yield to maturity, etc.) b. the frequency of interest payments? c. how interest is paid? (credited to principal at the end of the month, each quarter; mailed?) d. how are gains/losses reported? factored monthly or only when realized? Reporting 1. Is the yield reported to participants of the pool monthly? 2. are expenses of the pool deducted before quoting the yield? 3. is the yield generally in line with the market yield for securities in which would otherwise be purchased? 4. How often does the pool report, and does that report include the market value of securities? Security The following questions are designed to assist in safeguarding funds from loss of principal and loss of market value. 1. Does the pool disclose the safekeeping practices? 2. Is the pool subject to audit by an independent auditor? 3. Is a copy of the audit report available to participants? 4. Who makes portfolio decisions? 5. How does the manager monitor the credit risk of the securities in the pool? 6. Is the pool monitored by someone on the board of a separate neutral party external to the investment function to ensure compliance with written policies? 7. Does the pool have specific policies with regards to the various investment vehicles? a. what are the different investment alternatives? b. what are the policies for each type of investment? 8. Does the pool mark the portfolio to its market value? 9. Does the pool disclose the following about how portfolio securities are valued: a. the frequency with which the portfolio securities are valued? b. the method used to value the portfolio (cost, current value, or some other method) ? Operations The answers to these questions will help determine if a pool meets the operational needs of the city. 1. Does the pool limit eligible participants? 2. What entities are permitted to invest in the pool? 3. Does the pool allow multiple accounts and/or sub-accounts? 4. Is there a minimum or maximum account size? 5. Does the pool limit the number of transactions each month? What is the number of transactions permitted each month? 6. Is there a limit on transaction amounts for withdrawals and deposits? a. what is the minimum and maximum withdrawal amount • permitted? b. what is the minimum and maximum deposit amount permitted? 7. How much notice is required for withdrawals/deposits? 8. What is the cutoff time for deposits and withdrawals? 9. Can withdrawals be denied? 10. Are funds 1001 withdrawable at any time? 11. What are procedures for making deposits and withdrawals? a. what is the paperwork required, if any? b. what is the wiring process? 12. Can an account remain open with a zero balance? 13. Are confirmations sent following each transaction? Statements It is important to received statements monthly for documentation and reconciliation purposes. 1. Are statements for each account sent to participants? a. What are the fees? b. how are they passed? c. how are they paid? d. are there additional fees for wiring funds (what is the fee) ? 2. Are expenses deducted before quoting the yield? Questions To Consider For Bond Proceeds It is important to know (1) whether the pool accepts bond proceeds and (2) whether the pool qualifies with the U.S. Department of the Treasury as an acceptable commingled fund for arbitrage purposes. 1. Does the pool accept bond proceeds subject to arbitrage rebate? 2. Does the pool provide accounting and investment records suitable for proceeds of bond issuance subject to arbitrage rebate? 3. Will the yield calculation reported by the pool be acceptable to the IRS or will it have to be recalculated? 4. Will the pool accept transaction instructions from a trustee? 5. Is the city allowed to have separate accounts for each bond issue so that the city does not have to commingle the interest earnings of funds subject to rebate with funds not subject to regulations? X. Depositories Pursuant to Minnesota Statures, Section 118.005, the Finance Director is authorized to designate as a depository of city funds such national, insured state banks or thrift institutions as defined in Section 51A.02, Subdivision 23, as deemed proper. The Finance Director shall inform City Council whenever a change is made in the list of designated depositories. Any bank, trust company or thrift institution authorized to do business in this state, designated as a depository of city funds may, in lieu of a corporate or personal surety bond required to be furnished to receive the funds, assign to or deposit with the City Finance Director/Treasurer legally authorized investments or securities as collateral. The Finance Director is authorized by City Council to approve of the arrangements for safekeeping of pledged collateral in accordance with MSA 118.01. The total amount of the collateral computed at its market value shall be at least ten percent more than the amount of deposit in excess of any insured portion. The depository may at its discretion furnish both a bond and collateral aggregating the required amount. The City will not accept mortgages as collateral. Pursuant to Section 471.56, Subdivision 1, any city funds not presently needed for other purposes may be deposited or invested in the manner and subject to the conditions provided in Section 475.66. l� , IF46. CITY OF SHAKOPEE Memorandum CONSENTA TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Hall Roof Repair DATE: September 3, 1999 INTRODUCTION: The Council is asked to award a contract for the repair of the roof at City Hall. BACKGROUND: For the past couple of years, during periods of heavy rain combined with wind,the City Hall roof has experienced a significant number of leaks. Maintenance Worker Charlie Fuller has done his best to patch it where he can see potential problem areas, but the roof is old enough that the problems persist. Mr. Fuller contacted roofing companies to get quotes to professionally repair the roof. Three quotes were received(although several others were contacted and were unable to submit a quote). The quotes were as follows: Meisner Roofing -Madison Lake, Mn $ 6,900 Superior Roofing Construction-Mpls. $11,970 Walker Westway Roofing Co. -Mpls. $13,750 We are checking references on Meisner Roofing. From everything that we can determine,the bid is an"apples to apples"comparison. The Meisner quote is consistent with a preliminary quote which he gave us earlier this year. All companies that responded to the bid were asked to repair areas around roof vents, interior floor drains,repair flashing around the portion of the roof where it meets the parapet wall, and make other repairs as necessary. No company was willing to give a guarantee, as it is repair work, as compared to a new roof. The work would be done this Fall. BUDGET IMPACT: The 1999 budget provides for$12,000 for City Hall roof repair. RECOMMENDATION: We recommend that the quote of Meisner Roofing be accepted. ACTION REQUIRED: If the Council concurs, it should, by motion, accept the quote of Meisner Roofing Co. of Madison Lake, Mn, in the amount of$6900. Mark McNeill City Administrator MM:tw Date: March 11, 1999 e Proposal Submitted To PvI lE I S J Name: Charlie L;, Address: Shakopee, MN ROOFING Phone: 6'12.44c365 124 E BAY DR Work To Be Performed At MADISON LAKE, MN 56063 Building: Shakopee City Hall 507-243-4434 FAX 507-243-3972 Address: 129 tkc.-me.s St. Se-TN Kc, MN 3-5-3 We hereby propose to furnish the materials and perform the labor necessary for the completion of * Move lft of rock on each side of curb * Flash in 250 feet of curb * Redistribute rock All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Two-thousand-five-hundred-dollars Dollars $ 2,500.00 with payments to be made as follows: Balance due upon completion 4100E- Note--This proposal may be Respectfully submitte• •r.--_ �ri��� withdrawn if not accepted �-��" within 30 days Ke. Eichelber in ,'er IACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. Signature Date Title Date: March 11, 1999 [11.1".'04 6 ilifi , Proposal Submitted To M13 IS 1i E Name: Charlie Address: Shakopee, MN / ROOFING Phone: (2 . -14�',3( 5' 124 E BAY DR Work To Be Performed At MADISON LAKE, MN 56063 Building: Shakopee City Hall Address: 129 t-FoLt s .5I: (.,Vc,u-r-A 507-243-4434 FAX 507-243-3972 SAa e. I t' N <5332- 5 We hereby propose to furnish the materials and perform the labor necessary for the completion of * Remove metal * Flash in 280 feet of curb * Reinstall existing metal All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Two—thousand—eight—hundred—dollars Dollars $ 2,800.00 with payments to be made as follows: Balance due upon completion) ri Note--This proposal may be Respectfully submitt=,•�[�� =�- withdrawn if not accepted 'n Ei el•-rger, i within 30 days Ke ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. Signature Date Title FROM : MEISNER ROOFING PHONE NO. : 507 243 3972 Sep. 01 1999 07:52AM P2 Date: August 31, 1999 . ift:, - if- ./ tr.. ,,, proposal Submitted To , MEI' ER Name: Charlie Address: Shakopee, MN Phone: Work To Be Performed At 124 E BY DR Building: Shakopee City Hall MADISON LAKE, MN 56063 Address: 507-243-4434 FAX 507-243-3972 FytX U212,-44 -urIi8 We hereby propose to furnish the materials and perform the labor necessary for the completion of iper_Section * spud roof surface, surrounding (3) three roof vents down to felt * Flash in (3 ) three roof vents with APP modified * Seal leading edge with MBR flashing cement * Coat APP modified with aluminum roof coating for UV protection * Redistribute gravel over flashed in areas ower Section * spud roof surface, surrounding (5) interior roof drains down to felt • Flash in (3) interior roof drains with "APP modified * Seal leading edges with MBR flashing cement +^ +;^ * Coat APP modified with Aluminum roof coating for t.'7, protection * Redistribute gravel over flashed in areas All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial workmanlike manner for the sum of six-thousand-nine-hundred-dollars Dollars $ 6,900.00 with payments to be made as follows: 'Balance due upon completion Respectfully submitted'' !=�� -....ii.;-4.-.111111 Note--This proposal may be �� �.� withdrawn it not accepted xe i the --rger , within 30 days (ACCEPTANCE OF PROPOSAL 1 The above prices, specifications and coalitions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ANY PERSONM OR AYICOMPANY UEN AGAINST G LABOR OR YOUR PROPERTYT FI IMPROVEMENT THATT PERSON ORCOMPA Y IS NOT PAID FOR PROPERTY THE CONTRIBUTIONS. Signature ---- Date Title �sE, 'y CITY OF SHAKOPEE Memorandum C oNS ENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Changing the November 2, 1999 Meeting Date DATE: September 3, 1999 INTRODUCTION: The Council is asked to consider a date in which to have the first regular City Council meeting in November. BACKGROUND: The first regular meeting of November would normally be Tuesday,November 2nd. However,that is also the day of the City election, and,by State Law, Council would be prohibited from meeting prior to 8:00 PM on that day. In addition, by State Law the Council must meet within two days of the election to canvass results. Therefore,there is some merit in delaying the first meeting to either Wednesday,November 3rd, or Thursday,November 4th. RECOMMENDATION: While it would conflict with a Cable Television meeting normally scheduled for that time,we recommend designating the first meeting in November to be Wednesday, November 3rd. (The first Thursday would conflict with the Planning Commission.) ACTION REQUIRED: If the Council concurs, it should,by motion adopt Resolution No. 5225 changing the November 2, 1999 Council meeting to Wednesday,November 3, 1999, and move its adoption. The meeting would begin at 7:00 PM. Mark McNeill City Administrator MM:tw RESOLUTION NO. 5225 A RESOLUTION CHANGING THE NOVEMBER 2, 1999 COUNCIL MEETING DATE 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 2, 1999 regularly scheduled City Council meeting be changed to November 3, 1999, at 7:00 PM. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1999. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum -1, N Q C T eJ'l I TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: City Credit Card DATE: August 31, 1999 Introduction Council is requested to consider having a city credit card. Background The issue of a city credit card was brought to council a few years ago and council declined to authorize a card. The issue has risen again with purchases from CompUSA. The city has been buying from CompUSA because of their lower pricing. Their terms for a house account were not acceptable and they do not take a purchase order. Use of credit cards by governments has been gradually growing. Alternatives to the use of a card are to get exact cost in advance and take in a check or shop elsewhere. It is intended that the card would have limited/restricted use and the Finance Department would have physical control of the card. Staff has not yet explored the details of a card agreement or the credit card company' s procedures for the use of a "company" credit card. Alternatives 1. Authorize a credit card. 2 . Do not authorize a credit card. Recommendation Alternative number 1 . Action Move to authorize the proper city officials to take all action necessary to obtain a city credit card. 4/7 G gg c oxl"and Finance Director CONSENTJ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Equal Employment Opportunity Policy DATE: September 1, 1999 INTRODUCTION: The Council is asked to adopt a policy on Equal Employment Opportunity for current employees, and applicants for employment. BACKGROUND: Recently,the Shakopee Police Department made application for a Federal grant. As part of this application,the City was asked to provide a copy of its current Equal Employment Opportunity policy. It was found that the City's most recent official action specifically on this subject that was taken by the City Council was a policy statement adopted in 1989,but sunsetted after two years. In 1995, a very basic Equal Employment Opportunity policy statement was adopted by the Council as part of the Shakopee Employee Handbook. The applicable section that the City currently has reads as follows: VIII. Appointments B. Affirmative Action Policy. No person shall be employed,promoted,demoted, or discharged by the City or in any way favored or discriminated against because of political opinions or affiliations,race, color,creed,religion,national origin, sex, disability,marital status, sexual orientation,or status with regard to public assistance, or because of the exercise of rights under Minn. Stat. Sec. 179A.01 to 179A.25. No person who is over the age of 18 years shall be discriminated against with reference to City employment in any way forbidden by federal or state law. The City will seek to ensure that all employment practices are free of such discrimination. Such employment practices include,but are not limited to,the following: appointment,promotion, demotion,transfer, layoff, disciplinary action,discharge,compensation,and selection for training, including apprenticeship. While the above information is accurate, it may not be as comprehensive as is needed(for example, it does not state a remedy or appeal process for someone who feels aggrieved.). The City works closely with Scott County on hiring and employment practices. The County provided the City with their EEO Policy Statement,which is utilized when applying for grants. The County model is the basis for a new Equal Employment Opportunity policy statement, and is being proposed for adoption by the City. In addition,the two resolutions outlining the old Affirmative Action policies should be rescinded. If approved by the Council,this statement will need to be signed annually by the Mayor and City Administrator. This annual review will help to demonstrate a commitment by the City to keeping EEO practices current. RECOMMENDATION: I recommend that the EEO Policy Statement be adopted by the City of Shakopee. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: RESOLUTION NO. 5227 A RESOLUTION REPEALING RESOLUTIONS 2983 AND 3040,AND ADOPTING AN EQUAL EMPLOYMENT OPPORTUNITY POLICY FOR THE CITY OF SHAKOPEE floLIQ 11,41AA)J..6 Mark McNeill City Administrator MM:tw ,., RESOLUTION NO. 5227 j' �r' A RESOLUTION REPEALING RESOLUTIONS OPPORTUNITY AN POLICD 3040,Y FORDOPTING AN EQUAL EMPLOYMENT THE CITY OF SHAKOPEE WHEREAS, the Shakopee City council acknowledges that equal opportunity employment for all persons is a fundamental human value; and WHEREAS,the City of Shakopee does promote and encourage full realization of human rights within City employment; and WHEREAS,the State of Minnesota declares that artificial barriers to employment,pursuant to M.S. 363.03 are unfair discriminatory practices; and WHEREAS, under the Minnesota Human Rights Act, Section 363.073, businesses or firms which(a)have more than 40 full-time employees in Minnesota at any time during the previous 12 months, and(b)bid on a State contract for goods or services in excess of$100,000 must have a Certificate of Compliance issued by the Commissioner of the Department of Human Rights. Certificates are issued to businesses or firms that have an Affirmative Action Plan approved by the Commissioner of the Minnesota Department of Human Rights for the employment of minority persons, women and qualified disabled persons. WHEREAS, the City of Shakopee intends to reinforce Federal merit standard principles and concepts by assuring that all segments of society have an opportunity to enter public service on the basis of open competition and advance according to individual ability, NOW, THEREFORE,BE IT RESOLVED that the Shakopee City Council repeals Resolutions No. 2983, A Resolution of Affirmative Action in Employment, dated November 15, 1988, and Resolution No. 3040, a Resolution Amending Resolution No. 2983,dated April 18, 1989, and hereby adopts as policy the following Equal Employment Opportunity policy: EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of the City of Shakopee to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363. The City of Shakopee will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion,national origin, sex, disability, age,marital status,or status with regard to public assistance. Such employment practices include,but are not limited to,the following: hiring,upgrading, demotion,transfer,recruitment or recruitment advertising, selection, layoff, disciplinary action,termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further,the City of Shakopee fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the City not complying with all applicable Equal Employment Opportunity laws, directives and regulations of the Federal, State and local governing bodies or agencies thereof, including Minnesota Statutes Chapter 363,will be subject to appropriate contractual sanctions. The City of Shakopee has designated the City Administrator his/her designee as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State and Local agencies. If any employee or applicant for employment believes he/she has been discriminated against,please contact the Shakopee City Administrator, 129 Holmes Street South, Shakopee, Minnesota 55379, or call (612) 445-3650. Mark McNeill, City Administrator Jon Brekke,Mayor Date Date Adopted insession of the City Council of the City of Shakopee,Minnesota,held this of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk its E 10 ii CITY OF SHAKOPEE Memorandum TO: City Council FROM: Jon Brekke,Mayor SUBJECT: City Administrator Evaluation/Salary Adjustment DATE: September 3, 1999 INTRODUCTION: The Council is asked to take action on a salary adjustment for City Administrator Mark McNeill,based on a recent performance evaluation. BACKGROUND: On August 6th, Councilmember Deb Amundson and I met with the City Administrator to review his performance evaluation for the year ending July 22nd,the anniversary of his date of employment. We utilized information which was received from the other Councilmembers. We have found that his performance continues to exceed expectations. We discussed with Mark salary adjustments. The City Administrator has not,until this time,received the cost of living adjustment that other employees receive at the beginning of each year. The City Administrator has been at a pay between steps 4 and 5 ($75,087). I would like to propose two things: 1. That Mark be place at Step 6 of the pay plan,resulting in a salary of$79,031. This would be retroactive to his employment anniversary date. 2. Rather than having the Administrator's cost of living adjustment at a time separate from other employees,we recommend that he receive a COLA adjustment at the same time as other employees. This would mean he would receive the next cost of living adjustment January 1, 2000. Hereafter,unless a performance evaluation was unsatisfactory and resulted in it being determined that a step increase was not warranted, an increase to subsequent Steps 7 and 8 would occur on future anniversary dates. It is my hope that these changes will accomplish four things: 1. Bring the Administrator's pay up to the 95%of Stanton 6 survey data that we have used for other employees in the pay plan. 2. Handle the Administrator's pay in the same manner as we do for other non-contract employees. 3. Remove the confusion caused by having the Administrator between steps on the pay plan. 4. Recognize the continued solid performance of the City Administrator. RECOMMENDATION: We recommend that the City Administrator's pay be increased to Step 6, and that future cost of living adjustments take place on January 1, commensurate with other employees. ACTION REQUIRED: If the Council concurs,it should,by motion,take the following action: 1. Place City Administrator at Step 6 Grade Q of the 1999 City of Shakopee Pay Plan,retroactive to July 22, 1999. 2. Place the City Administrator on the same cost of living adjustment schedule as are other non-contract employees. Jon Brekke Mayor /5, E. 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolutions related to Small Cities Development Program MEETING DATE: September 7, 1999 Introduction & Background: The City Council is asked to adopt Resolutions 5228, 5229, and 5230 related to the Shakopee Small Cities Development Program. The federal department of Housing and Urban Development and MN Department of Trade & Economic Development rules pertaining to Community Development Block Grant / Small Cities Development Program require local government recipients to adopt resolutions pertaining to 1.)Adoption of policies applicable to use of excessive force; 2.) Residential anti-displacement and relocation assistance plan; and 3.) Adopting drug- free workplace policies. The adoption of these resolutions is required. Action Required: 1. Offer Resolution No. 5228, Resolution Adopting Drug-Free Workplace Policies, and move its adoption. 2. Offer Resolution No. 5229, Resolution Adopting City of Shakopee Residential Anti- Displacement and Relocation Plan, and move its adoption. 3. Offer Resolution No. 5230, Resolution Adopting Policies Applicable to Use of Excessive Force,and move its adoption. mastrmmo.doc RESOLUTION NO. S a 2 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA RESOLUTION ADOPTING DRUG-FREE WORKPLACE POLICIES BE IT RESOLVED THAT THE CITY OF SHAKOPEE HEREBY ADOPTS THE FOLLOWING POLICIES AND PROCEDURES REGARDING THE ESTABLISHMENT AND MAINTENANCE OF A DRUG-FREE WORKPLACE It is the policy of the City of Shakopee that it will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace(s) and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an on-going drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; b. The City's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by Paragraph 1. 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: a. Abide by the terms of the statement; and b. Notify his/her employer in writing of his/her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such a conviction; 5. Notifying the City Council in writing, within ten (10) calendar days after receiving notice under Subparagraph 4(b)from an employee or otherwise receiving actual notice of such a conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal Agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2,3,4,5 and 6. 8. Complying with other provisions of the Act and other applicable laws. The places of performance for work done to implement the grant are as follows: a. City Hall, 129 Holmes Street South, Shakopee MN b. Carver County HRA, 500 North Pine Street, Chaska MN c. Project areas specified in the grant application d. e. f. I certify that the above resolution was adopted by the City Council of Scott on , 1999. SIGNED: WITNESSED: Mayor City Administrator RESOLUTION NO. S p.019' RESOLUTION ADOPTING CITY SHAKOPEE RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN WHEREAS, the City of Shakopee has received funding from the Department of Housing & Urban Development (HUD) through the Department of Trade & Economic Development for the rehabilitation of 30 single-family homes, the rehabilitation of 30 rental properties and the rehabilitation of 15 commercial properties; and, WHEREAS, the Department of Housing & Urban Development requires that Grantees of HUD funding have in place a Residential Anti-displacement and Relocation Assistance Plan for participating jurisdictions; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, that after consideration of the attached documentation, the City hereby adopts the Residential Anti-Displacement and Relocation Assistance Plan for the City of Shakopee. Mayor Attest: City Clerk Date THE CITY OF SHAKOPEE RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE'PLAN The City of Shakopee will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing in connection with an activity assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR, part 570.606 and 24 CFR, Part 42. All replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the City of Shakopee to provide funds for an activity that will directly result in such demolition or conversion, the City of Shakopee will make public and submit to the Minnesota Department of Trade and Economic Development the following information in writing: 1. A description of the proposed assisted activity; 2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activities; 3. A time schedule for the commencement and completion of the demolition or conversions; 4. The location on ,a map and the number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. If such data are not available at the time of the general submission, the City of Shakopee will identify the general location on an area map and the approximate number of dwelling units by size and provide information identifying the specific location and number of dwelling units by size as soon as it is available; 5. The source of funding and a time schedule for the provisions of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at lease 10 years from date of initial occupancy. 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g. a 2-bedroom unit with two 1-bedroom units) is consistent with the housing needs of low and moderate-income households in the jurisdiction. A. The City of Shakopee may request the Minnesota Department of Trade and Economic Development to recommend that the U.S. Department of Housing and Urban Development approve an exception to required replacement housing if there is an adequate local supply of vacant low/moderate-income dwelling units in standard condition. Exceptions will be reviewed on a case- by-case basis as described in 24 CFR, Part 570.488 (c)(1)(B). B. The City of Shakopee will provide relocation assistance, as described in 24 CFR, Part 570.488c 2 , to any lower-income person displaced by the OO demolition of any dwelling unit or the conversion of a low/moderate-income dwelling unit to another use in connection with an assisted activity. C. Consistent with the goals and objectives of activities assisted under the Act, the City of Shakopee will take the following steps to minimize the displacement of persons from their homes: 1. Residents of the City of Shakopee will be given adequate and convenient notice if public services are to be impacted during the course of the project. 2. Rehabilitation participants are expected to make arrangements that include staying With friends or relatives during the rehabilitation period, if necessary. The Scott County HRA shall provide information and referral services to participants having difficulty locating temporary housing. 3. Rehabilitation applicants with unaffordable housing expenses where an increase in property taxes due to the rehabilitation work may displace them will not be eligible. 4. Rents for tenants will remain the same or the new rent and estimated average utility costs will not exceed 30% of the gross income of all adult members of the household after the improvements. D. Definitions for the purposes of this plan are as follows: A"low/moderate-income dwelling unit" is a unit with a market rental, including utility costs, that does not exceed the applicable fair market rent for existing housing and moderate rehabilitation, as established under the Section 8 existing housing program. A"vacant occupiable dwelling unit" is a vacant unit that is in standard condition; or in substandard condition, suitable for rehabilitation; or in dilapidated condition and occupied less than three months from the date of the grantee agreement; A"occupiable dwelling unit" is a unit that is in standard condition or has been raised to a standard condition from a substandard condition, suitable for rehabilitation. A "standard condition dwelling unit" is a well-built unit with adequate space for persons living there. There are no major defects in the structure and only minor maintenance is required. Such dwelling will have the following characteristics; reliable roods; sound wells and foundations; adequate and stable floors, walls and ceilings; surfaces and woodwork that are not seriously damaged nor have paint deterioration; sound windows and doors; adequate heating, plumbing, and electrical systems which don't present safety hazards; adequate insulation for local climatic conditions; and is in compliance with local building and housing codes. A"substandard" condition dwelling unit, suitable for rehabilitation: will show a lot of deferred maintenance with permanent damage to structural items. Conditions contributing to substandard dwelling, include bur are not limited to, sagging, cracked, rotting, or leaking roofs, walls, foundations, ceilings, floors, doors, and windows; deteriorated surfaces and wood work; unreliable heating, plumbing, or electrical systems which present safety hazards or inadequate insulation. The cost of rehabilitating the unit to a standard condition should not exceed the market value of the dwelling. RESOLUTION NO. S 13 0 CITY OF SHAKOPEE SCOTT COUNTY, MINNESOTA • RESOLUTION ADOPTING POLICIES APPLICABLE TO USE OF EXCESSIVE FORCE BE IT RESOLVED, THAT THE CITY OF SHAKOPEE ADOPTS AND ENFORCES POLICIES PROHIBITING THE USE OF EXCESSIVE FORCE AND BARRING ENTRANCE TO FACILITIES: It is the policy of the City of Shakopee that excessive use of force by law enforcement agencies within its jurisdiction against an individual(s) engaged in non-violent civil rights demonstration is prohibited. It is the policy of the City of Shakopee to enforce applicable State and Local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. I certify that the above resolution was adopted by the City Council of Shakopee, Minnesota, on , 1999. SIGNED: WITNESSED: Mayor City Administrator c i aC /S5 E, 1 Z , CITY OF SHAKOPEE Memorandum 7 NS TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Commissioner Resignation DATE: September 3 1999 INTRODUCTION: The City Council is asked to accept resignation of Bryan Freeman from both the Shakopee Cable Access Corporation, and the Shakopee Cable Advisory Commission. BACKGROUND: At the meetings of August 4th, Bryan Freeman announced that he was resigning his membership from both the Shakopee Cable Access Corporation, and the Shakopee Cable Advisory Commission, effective that evening. Brian has moved from Shakopee to Prior Lake, and thus is no longer eligible for membership on the Commissions. Brian has served as Chair of both bodies for two years, after having been appointed in February, 1997. We have requested that those resignations be in writing, but as of this time,have not received that. Rather than extend this,we ask that the resignation be based on his verbal announcement. At this time,we do not recommend filling the position. There are no available candidates in the pool, and at least one of the groups (the Cable Advisory Commission) is well into the cable franchise renewal process,thus making it difficult for a newcomer to get acclimated. Instead,vacancies for this position should be considered for appointment at the standard time of March 1st. RECOMMENDATION: I recommend that the resignations be accepted with regret, effective August 5, 1999. ACTION REQUIRED: If the Council concurs,it should, by motion,accept with regret the resignation of Bryan Freeman as member of the Shakopee Cable Access Corporation, and the Shakopee Cable Advisory Commission, effective August 5, 1999. Mark McNeill City Administrator MM:tw