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HomeMy WebLinkAbout03/18/1997 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting Tuesday,March 18, 1997 1. Roll Call at 7:00 p.m. 2.' Approval of the agenda 3. Approval of January 29,February 5,February 12, 1997 minutes 4. Financial a.) Approval of Bills 1.GME Invoice 2.AET Billing b.) Revenue report 5. New Business a.) Blocks 3&4 Actions: 1.Award of demolition bids 2.Vacation of alley 3.Business Relocation Claim-Sweeet Annie's Farm b.) Resolution amending the By-Laws provision relating to EDA meeting date and time. c.) Recommendation from Design Review Commitee 6. Old Business: a.)Update on Blocks 3 &4 Development Agreement 7. Informational Items: a.) Referendum for Blocks 3 &4 project b.) Blocks 3&4 parking concerns 8. Other Business: 9. Adjourn edagenda.doa OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN SPECIAL SESSION JANUARY 29, 1997 Members Present : Amundson, Link, Miller, Morke, Reinke, VanHorn, Zorn Members Absent : None Staff Present : R. Michael Leek, Community Development Director Mark McNeill, City Administrator Paul Snook, Economic Development Coordinator Others Present : Frank Dunbar, Bill Jaffa, Jim McComb, Barbara Portwood 1 . Roll Call President Miller called the meeting to order at 6 : 00 p.m. Roll was taken as noted above. 2 . Approval of Agenda The agenda was approved with the following additions : 3 .a Exterior Design 3 .b Financing 3 .c Site Specific Housing Study 3 .d TIF Scenarios/In Lieu of Tax Payments 3 . Discussion of Blocks 3/4 Status/Update from Scott County HRA a. Exterior Design. Bill Jaffa and Frank Dunbar presented the EDA with three design plans for Blocks 3 and 4 as follows : A. Pitch roof; B. Partial brick exterior with pitch roof; C. All brick exterior with flat roof. There will be 52 underground parking spaces . Mr. Jaffa stated that all design options have been looked at along with the associated costs. He also stated that a timeline was distributed at the January 7, 1997 Design Committee meeting. Preliminary cost figures are being solicited from five general contractors. These figures are not available yet but should be available by January 31st . Those figures will then be turned over to Springstead' s financial advisor for final cost figures. It was noted that the final cost figures may not be available for the EDA commissioner' s packets that will be sent out for the February 12th meeting, however, the commissioners will receive the final figures as soon as possible before the February 12th meeting. The cost estimate will include a building with an 80-foot span rather than a 60-foot span because the HRA was hearing that the visibility criteria was important . Ms . Amundson reported that she had relayed the feelings of the EDA regarding the exterior design to the Design Committee. Mr. Morke expressed his concern that the EDA had final approval of the design and Mr. Jaffa reported that according to the Joint Powers Agreement, the EDA did have final design approval . b. Financing. Mr. Jaffa and Ms. Portwood reported that the retail portion of the building will be financed by a taxable revenue bond but that the housing portion will be an essential function bond which is a tax-exempt revenue bond. The bond issue will be secured by the pledge of the HRA' s special benefits tax. A third way of obtaining financing would be the HRA requesting consideration from the City for a general obligation pledge which the HRA is allowed to do under state statute. It was noted that there is nothing in the Joint Powers Agreement requiring the City' s consideration, rather it would be a request from the HRA. Ms. Portwood stated that if the project were to get behind, the City would have to contribute some dollars, however, there is no set aside requirement on the part of the City. Mr. Reinke noted his concern about using the City' s dollars when there is no ownership or management in the property. Mr. Jaffa stated the bonds have built-in 10o debt reserves. Mr. Morke offered his opinion that the taxpayers would get hit twice if the project failed, i .e. once at the city level and once at the county level. Mr. Jaffa noted that the risk could not be determined until the numbers came in, but the HRA was looking to take as much risk out of the project as possible because they want the project to be a flagship. John Eldonson, 5240 Industrial Boulevard South, Shakopee, approached the podium to ask if the City was going to be compensated for the risk it was taking. Ms Portwood noted that that is a negotiable item but would add dollars to the final cost . Carrie Moberg, 1037 Aster Lane, Shakopee, approached the podium asking what alternatives had been looked at when designing the project, i .e . using some existing facades or using bricks from existing buildings and offered her opinion that the historical look architecture is very important . c. Site Specific Housing Study. Mr. Jaffa stated that Maxfield did a county-wide survey. Housing surveys have to take into account an entire demographic area. A survey cannot be performed on Blocks 3 and 4 exclusively because other factors such as location need to be taken into account. The survey showed that Shakopee is in need of 150 senior units comprised of assisted living and market rent units . The survey is being reverified by Maxfield. Mr. Dunbar reported that Maxfield will be doing a microstudy of the project footprint regarding the market rents for the project . When that information is received, it will then be forwarded to the financial advisor for final rent projections . Mr. Jaffa stated that no Section 8 or federal subsidies are being sought . The rent projection numbers that will be returned will be a set dollar figure for fair market rent. The rent will include everything but cable TV, electricity, underground parking and telephone. It was noted that a tenant not wanting to rent underground parking would be using up the surface parking. The rent projection numbers should be available by the February 12th meeting. Mr. Dunbar distributed a timeline for the entire project, which he considered to be optimistic. - 2 - Jim McComb from McComb and Associates was present to report on the market study they performed. Mr. McComb found there were a lot of thriving businesses in the downtown area. When conducting their survey, they also took into account the number of households . Mr. McComb noted that when their survey was performed, it was based on the First Plaza design, not the three designs currently being evaluated. He noted, however, that there was not a lot more new space in the new design plan. Mr. McComb stated that the project will allow flexibility for both smaller and larger retailers. He noted the lower rent in Shakopee is not due to the location but due to the size of the building and the size of the businesses in the building. He noted that project will have tremendous visibility when coming in from the north and good visibility when entering from the east and west which is a tremendous opportunity for some tenants to be in this building. He also noted that Shakopee is the county seat and has a medical center which is a positive. Another positive is that the project is not a strip mall or power center type. Mr. McComb noted that the parking should be adequate and noted that some customers may be using other stores and thus will end up with essentially shared parking. Regarding restaurant parking, he noted that the area would be a high-use area but probably not at the same time that the retail stores would be open. Mr. McComb stated that retail on the first floor would work, but retail on the second floor, in Shakopee, would not work. Mr. McComb did not look at the project as housing office space as he understood it was going to have housing on the second level . Mr. VanHorn noted that the present concept seems like a good fit because many of the existing old buildings have apartments above the retail portion. Regarding if office space could be added with the existing parking without being detrimental to the retail, Mr. McComb stated it would be difficult because office space requires more parking and it is difficult to finance office tenants without an anchor tenant . He also noted that office space would not give market value to the City as much as residential would, that office space does cost more to build than residential and that this building has a market segment that other communities do not have . Regarding signage for the property, Mr. Dunbar noted that the architect did not want to draft signage without knowing what tenants were going to be occupying the project and also because there was a light filtering question to the upstairs residential area. d. TIF Scenarios/In Lieu of Tax Payment . Mr. Jaffa stated that the HRA is the same as a private developer in that the retail stores will pay full increment . Regarding the residential part, the HRA will make an in lieu of tax payment equal to 5% of the rents . There is a state statute that requires the HRA to pay this 5%. This amount will be paid once a year to the County. The County will then disburse an appropriate amount to the City who then captures the increment . The EDA may want a work session with HRA Gary Fields regarding this increment issue. Mr. Miller stated it was his impression that the 5% payment was only paid if the project were in the black. Mr. Jaffa responded by stating he originally thought there was going to be a tax increment bond but now realizes there is not . Mr. Jaffa noted that any surplus dollars after all bills are paid will be spent within the City of Shakopee and that - 3 - AM the TIF is a separate issue. Mr. Miller asked if it would be possible for a numbers comparison regarding generation of tax if the project were built by a private developer. Mr. McNeill responded that Staff could calculate those numbers. 4 . Other Business: Mr. Miller noted that the laws of the EDA require public hearings for disposal of land. Mr. Jaffa requested the HRA' s legal counsel be involved in any public hearings because the HRA is a government agency. A motion was made by Gary Morke and seconded by Deb Amundson to set a public hearing for February 26, 1997. Motion carried 7-0 . It was also noted that the public is always invited to the EDA meetings . It was also noted that the demolition advertising for bids is on hold and to be prepared that the bids may be higher due to the delay. There being no further business, a motion was made by Gary Morke and seconded by Eldon Reinke to adjourn the meeting. Motion carried 7-0 . Respectfully submitted, 'u 1,4xlVtuAri anet Vogel Freeman, Recording Secretary - 4 - OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN SPECIAL SESSION FEBRUARY 5, 1997 Members Present : Amundson, Link, Miller, Morke, Reinke, Zorn Members Absent : VanHorn Staff Present: Mark McNeill, City Administrator Paul Snook, Economic Development Coordinator Others Present : Mayor Henderson 1. Roll Call President Miller called the meeting to order at 6 :00 p.m. Roll was taken as noted above. 2 . Approval of Agenda The agenda was approved with the following additions : l .a Unsigned memo. Mr. Miller noted that an unsigned memo addressed to the EDA was received. He also noted that any correspondence addressed to the EDA in the future will require signatures. 1 .b Housekeeping item. Mr. Miller noted that all EDA members have an annual obligation to disclose business and properties and asked that any member needing the necessary form be given it so that the members can complete and return it as soon as possible. 3 . New Business : a. Commercial/Professional Office Study of Blocks 3 and 4 . Mr. Miller noted that this study had not been done. He also noted that Mr. McComb stated at the last EDA meeting that his study did not include a commercial/professional study because Mr. McComb understood the project was to contain residential on the other floors . Mr. Miller noted that Mr. McComb did state that if the project were to be used for commercial/professional space, it would need an anchor tenant . Mr. Miller stated that he had recently learned that a bank was possibly interested in becoming a tenant. Ms. Amundson stated that if a commercial/professional office study would be performed, that would cover all the bases. Mr. Zorn suggested it is a little late in the project to be performing that type of study and that Mr. McComb' s study was for all retail purposes and his study showed that retail on the second floor in Shakopee will not work. Mr. Morke asked if the EDA could contact Mr. McComb and talk to him about this issue. Mr. Miller thought a study would be more appropriate than an opinion. A motion was made by Burl Zorn and seconded by Gary Morke to ask for Mr. McComb' s opinion if having a bank as an anchor tenant would be sufficient to have non-residential space on the second floor. At that point Mayor Henderson approached the podium to speak to the EDA' s agenda. He stated that everything on the agenda for the evening was new and noted that the project had been going on for 12 months and that time was of the essence. He also stated that if the EDA goes forward with this agenda that this project would for all intents and purposes be dead. Mayor Henderson told the EDA that whether professional space works on the second level is irrelevant; that the concept as presented does work and everything on the EDA' s agenda for this evening would slow down the process. Mayor Henderson then asked why the EDA was continuing to question every element of the project . Mr. Miller responded by saying that the project had been moving forward but that he was still waiting for answers to questions he posed a long time ago, especially financial questions. Mayor Henderson stated that the HRA will be advising if the project is economically feasible but that the use is the developer' s responsibility, not the City' s. The City has the responsibility only to know if the project is feasible. Mayor Henderson also noted that before the City, EDA or anyone else puts a spade in the ground that there will be a Development Agreement that speaks to all these issues, including the dollars involved, but that the land needs to be readied. Mayor Henderson cited an example of the EDA slowing down this project was its tabling the advertising for demolition bids . It would have cost the City nothing but did delay the project . Mr. Zorn noted that figures cannot be finalized until the design is finalized. Mr. Morke stated that he was all for the project in the beginning but noted that answers to questions were supposed to be forthcoming last October. Mayor Henderson responded by stating that a lot of the questions cannot be answered at this point because the project is still in the development stage. He also noted that if there is another developer for this project, he does not know of one and that any developer could still come forward. Mayor Henderson also stated that he was told by Mr. Stock that the City had previously looked for developers to no avail . Mr. Reinke noted that the smaller contractors needed for this type of project are getting full for the year and the City does not have the funds today that it had years ago. Mr. Reinke also noted that if retail is not put in fairly quickly, the City will lose its chance. Mr. Zorn stated that putting apartments in this project will help the retail end as well as create future opportunities. Mr. Miller stated he was trying to make an informed decision and would vote for the project after he knows the dollars figure and the maximized use will work. Mr. Morke stated that he would like to work together with the City Council and perhaps meet face to face to discuss the problems . The discussion then reverted to the motion on the table and the possibility of amending the motion. - 2 - s John Eldonson, 5240 Industrial Boulevard South, Shakopee, then approached the podium and stated that he works for a development company. He noted that Mr. McComb is known as one of the finest retail consultants in the world and offered his opinion that when Mr. McComb was referring to commercial space, that the term commercial space included retail and office space. He stated that if Mr. McComb is going to be asked a question it should be the right question, i.e . the viability of office uses on the 2nd and 3rd floors, not specifically asking if a bank would be a sufficient anchor. The motion stood as entered previously. Motion carried 4-2 with Amundson, Miller, Morke and Reinke voting aye and Link and Zorn voting nay. b. Site Specific Residential Study of Blocks 3 and 4 . Mr. Zorn noted that the HRA advised that Maxfield will provide a site specific residential study. Mr. Link stated that the HRA had already performed that study and that is why the building is being designed the way it is . The question was raised as to whether the study was county wide or city wide. Ms. Amundson distributed a memo from the HRA dated November 22, 1996 which was presented at one of the Design Committee meetings. She noted that Maxfield questioned the demand for senior housing and recommended that one-third to one-fourth of the residential be made into subsidized housing. Mr. Reinke stated that he spoke to this issue before and was told by the HRA that the project was going to be 10096 market rate rental. He also noted that by including subsidized housing, the return the City is anticipating could be vastly effected. Mr. Zorn noted that the HRA is the entity at risk concerning the rents, not the City. Mr. Miller noted that subsidized housing could effect the TIF. Mr. Reinke stated that this would be a mute point if a private developer was involved but the rents collected by the HRA will bear on what the City will receive in income from the property. Staff was directed to try and obtain the supporting documentation for the demand and corresponding rents conclusion from the Maxfield study. Mr. Reinke voiced a concern that the underground parking be used for the apartments, whether included in the rent or not . This is due to the previous agreement between the City and retail property owners who were assessed for parking space in the area. The agreement required the City to replenish equivalent surface parking. Mr. Zorn noted that he did not think requiring tenants to utilize the underground parking would be a problem since it has been his experience that there is always a demand for underground parking. c. Solicitation of Outside Developers for Blocks 3 and 4 . Mr. Miller stated a couple of downtown businesspeople had asked him if outside developers had been investigated. Mr. Zorn stated that he had discussed that with city staff and Mr. Stock and was told that if a private developer became involved, the developer would put a moratorium on the City doing anything with the property until the developer could get an idea as to what it would do with it which could cause a delay of up to a year. He also noted that a private developer would not have a - 3 - Design Committee making suggestions as to the design. Mr. Zorn thought that the only option at this point is to move ahead with the HRA. Mr. Link stated he had also spoken with two private, reputable developers and told them that the City would help them with the project, but both developers said it was too high of a risk due to the limerock in the area, the high costs of construction, financing and the historic look design. Mr. Reinke stated he did not like to see government be involved in these typesof projects unless the private sector was unable and that in this case, he believes the HRA can provide the level of service this project needs as compared to a private developer. He also noted that if the City were to get a private developer involved at this point, the City would have to provide some type of parameters and ideas in order to obtain a proposal from the developer. Mr. Reinke could think of only two contractors in the area that would be able to handle the limerock on the property and stated that it is going to be an expensive project no matter what goes on the property. Mr. Reinke thought that maybe the City should talk to the county or county board regarding reducing the number of dollars being taken out of the project because whatever goes in is not only benefitting the City but is also benefitting Scott County. Mr. Morke suggested that Paul Snook ask a few developers if they would be interested in the property. Mr. Miller thought that directing staff to do this at this point would not be effective since the City does not have a project in mind and conceptualizing a project would involve dollars. Mr. Miller did state that if anyone were interested, he hoped that entity would approach the EDA. He noted there is no exclusivity with the HRA but at this point no one else has come forward expressing an interest . Mr. Zorn stated that he thought the EDA had a moral obligation to the HRA until the numbers come in. d. Independent Analysis of Financial Analysis for Joint HRA/EDA Project on Blocks 3 and 4 . Mr. Morke questioned the fact that the same person at Springstead (Gary Fields) was representing both the HRA and the City. Mr. Zorn stated that the same thing occurred on another project in which ADC was the developer and the same person and firm was used by the county and the City. Mr. Miller noted that in this case, however, the developer is the HRA and that is why the EDA may want differnt people performing the analysis. Mr. Reinke stated that he had worked with Dave McGilervy at Springstead and would be comfortable with Mr. McGilervy working with Mr. Fields . It was also mentioned that Tom Hay of the Dorsey & Whitney firm may also perform an analysis since he will be involved in the bonding issue of the project . No direction was taken. There being no further business, a motion was made by Burl Zorn and seconded by Cletus Link to adjourn the meeting. Motion carried 6-0 . Since the existence of the EDA after this meeting was unknown, Mr. Miller thanked the members of the EDA for their work during the past year. - 4 - • Respectfully submitted, J-net Vogel Freeman, RecordingSecretary Y - 5 - OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION FEBRUARY 12, 1997 Members Present : Amundson, Link, Miller, Morke, Reinke, VanHorn, Zorn Members Absent : None Staff Present : R. Michael Leek, Community Development Director Mark McNeill, City Administrator Paul Snook, Economic Development Coordinator Others Present : Frank Dunbar, Gary Fields, Marge Henderson, Mayor Henderson, Bill Jaffa, Jim McComb, Greg Voxland 1. Roll Call President Miller called the meeting to order at 6 : 00 p.m. Roll was taken as noted above. 2 . Approval of Agenda The agenda was approved with the following additions : 5 .a.2 . Modify to include acquisition of Mahoney property 5 .a. 5 . Request for Payment of Rehab Grant from G & R Laurent Partnership Motion was made by Gary Morke and seconded by Cole VanHorn to approve the revised agenda. Motion carried 7-0 . 3 . Approval of January 22 , 1997 Meeting Minutes Motion was made by Cole VanHorn and seconded by Deb Amundson to approve the minutes as written. Motion carried 7-0 . 4 . Financial a. Interfund Transfers . Greg Voxland advised the Authority that approval was needed regarding the 1996 interfund transfers from the Tax Increment Trust Fund to the various debt service funds to fund payments of bonds and debts, etc. A motion was made by Cole VanHorn and seconded by Deb Amundson to approve the transfer of funds . Motion carried 7-0 . b. Approval of Bills. Motion was made by Cole VanHorn and seconded by Deb Amundson to pay the bills as presented. Motion carried 7-0 . 1 . GME Environmental Payment . A partial payment request was made by GME for the soil boarings set up for Blocks 3 and 4 . A motion was made by Burl Zorn and seconded by Cletus Link to approve a partial payment . Motion carried 7-0 . 5 . New Business a. Blocks 3 & 4 Actions : 1 . Prolect Numbers from HRA Regarding Redevelopment of Blocks 3 & 4 - On Table. Mr. McNeill noted that the figures had just become available for distribution late this afternoon. At that time, Bill Jaffa from the HRA approached the podium to discuss the figures. Mr. Jaffa turned the podium over to Jim McComb who previously conducted the retail study. Mr. McComb noted that the rental rates would range from $11-$18 per square foot on the low side and $14-21 per square foot on the high side. He noted that there are more potential supportable tenants than space. Tenants will receive a tenant allowance to help build their space. As to a multi- level retail complex, the City would need a lease with an anchor tenant such as a department store which would probably require 150, 000 - 250, 000 square feet . Multi-level would also require escalators and elevators which would involve total masonry construction which is expensive and 5- 6 acres of land for parking. He also noted the property tax would be higher which would push the rents higher than Shakopee tenants can afford. Taking all those factors into consideration, Mr. McComb opined it would not be physically, economically or leasing feasible to build a multi-level retail building. The commercial office market in this size community would be a bank or local corporation headquarters. If the City would proceed with an office building of approximately 100, 000 square feet, the City would need to obtain financing. He also noted that the parking demand is higher for office than residential . Mr. McComb stated that it is difficult to envision a tenant for that type of space. Mr. McComb stated that he did not see a significant ability to build a lot of office space in downtown Shakopee. He also stated that it would be difficult to renovate the existing buildings . Regarding the common area maintenance, the estimated figure was arrived at by looking at other common area fee maintenance costs in strip space and adding an additional amount for inflation. Mr. McComb then addressed the timing of this project and opined that now is the time this project would work because of the demand for housing. Mr. Morke asked if a pharmacy would be a suitable tenant and Mr. McComb stated that he thought there were already enough pharmacies in Shakopee, especially if Cub Foods were to come in with their own pharmacy. Mr. Morke then asked if an antique store would be a suitable tenant and Mr. McComb opined that an antique store falls in the shopping goods category and would fit in. Gary Fields of Springstead then took the podium. Regarding the housing side of the figures, original figures were - 2 - calculated using a combination of general obligation bonds from the City and revenue bonds issued by the HRA. That scenario left a $1 . 3 million shortfall so Springstead then went back to the HRA and asked about other revenues . He stated that the HRA does have other funds available to pledge to issue additional bonds to make the housing part of the project work. He stated the HRA would invest an additional approximate amount of $105, 00 per year for the life of the project . He noted the rents are the source of revenue to pay all bonds and debt service with the exception of limited tax funds which the HRA picks up. In the event of a shortfall, the first alternative would be to go to the operating funds, the next alternative would be the debt service and the final alternative would be to turn to the general obligation bonds . Mr. Reinke asked who determines and manages the operating expenses and Mr. Fields replied that the HRA does this . Mr. Fields stated that if the City' s general obligation is called upon, that the City has the opportunity to determine a new property manager. Mr. VanHorn asked if the HRA had problems with any other cities or projects to which Mr. Fields replied no. Mr. Fields estimated that the HRA had probably been involved in about 20 projects over the past eight years . Springstead did look at the project without the City' s general obligation pledge and the gap was so large that the HRA could not address it with its levy. Mr. Fields noted the figures include a debt service reserve of one-year of principal and interest totalling $250, 000 and six months of operating reserve which amount was unknown but is under $100, 000 . Mr. Reinke asked why the county' s bonding is not available to be used since the HRA is a direct agency of the County. Mr. Fields replied that there just are not many county HRA' s that have used their general obligation powers . Mr. Fields stated that Mr. McGilervy also looked at the figures and felt comfortable that the project would work. Regarding the retail piece of the project, that again would be funded by the HRA issuing general obligation taxable redevelopment bonds which would also carry the City' s general obligation pledge. The figures quoted reflect an all brick building with a flat roof . Mr. Fields noted the City is going to incur approximately $900, 000 in costs to clear and acquire the property. The project revenues will pay the City back for this expense. All cash flow from the retail, which is estimated to be approximately $1 million, goes back to the City and EDA. This is assuming there is a master tenant (which would guarantee a long lease . ) The master tenant would lease the entire building and re-lease space to smaller tenants. A master tenant would get upside of rents rather than the City. An example of a master tenant would be leasing subsidiary or firms or smaller developers . City' s total pledge would be approximately $7 million - 3 - reflecting $3 .2 million in general obligation bonds, $2 . 870 million in general obligation taxable redevelopment bonds and the $900, 000 needed to clear the property. The HRA' s total pledge would be $1 .375 million plus the $155, 000 . Mr. Miller noted that the City already spent $1 . 8 million in acquisition and clearing the property not including the $900, 000 . Mr. Jaffa then approached the podium and stated that the County HRA is not a department of Scott-County; the HRA is an autonomous agency and there is no pipeline to the county. Mr. Fields opined that this is the strongest of any project that is possible. Mr. Jaffa returned to the podium and stated that the HRA approved Kraus/Anderson as the general contractor. Frank Dunbar noted that bids were received from five contractors and that Kraus/Anderson wanted to move quickly because of the turbulent times in the construction industry. He estimated the total additional cost for an all brick building was $230, 000 and the additional cost for the flat roof was $130, 000 . Mr. Dunbar feels the figures are accurate. Mr. Jaffa stated that he, as well as the consultants and advisors, are comfortable that the project will work. Marge Henderson then took the podium and stated this project has been a learning experience for her and she did not know how a private developer would ever be able to put together this project with conventional financing. She stated the HRA has worked in good faith and is excited about the project . A recess was then taken. Mr. Miller called the meeting back to order and noted a letter regarding Blocks 3 and 4 was received from Susan Stalorick. Ms . Stalorick was unable to come to this meeting and her letter was reserved for the February 26th public hearing. Mr. McNeill noted that the Design Review Committee is meeting at 8 : 00 a.m. on Friday, February 14th. 2 . Payments/Court Deposits for Properties Involved in Blocks 3 & 4 Condemnations. Mr. McNeill stated that the City needs to deposit funds equal to the amount of the City' s appraisals with the District Court while condemnations on the relevant properties are in litigation. He then noted some changes to his February 7, 1997 memo regarding these payments . The changes were as follows : The properties located at 123 East First Avenue and 221 First Avenue East have settled for $78, 000 and $257, 250 respectively. Regarding the 203/209 East First Avenue, an additional - 4 - $2, 400 will need to be paid for Valley Hobbies and an additional $800 will be needed for fixtures. With the above changes, the final amount which needs to be deposited equals $753 , 080 . A motion was made by Burl Zorn and seconded by Eldon Reinke to authorize payment of $753 , 080 for the acquisition of the above properties with the recipients to be determined. Motion carried 7-0 . Mr. Voxland then recommended that an interfund loan from the City Council be requested or that bonds be issued since by the end of 1997 the EDA will be $900, 000 in the red. He noted that the budget for the Blocks 3 & 4 Tax Increment District was adopted in November, 1995 and was $2 . 325 million. Mr. Voxland then distributed a Funds Available Summary for Blocks 3 & 4 . Mr. McNeill noted the remaining major costs for the project would be demolition and relocation costs but that the EDA has seen the majority of the expenditures. A motion was made by Burl Zorn and seconded by Deb Amundson to request the City Council approve an interfund loan to the EDA of up to $500, 000 which sum includes the Mahoney property. Motion carried 7-0 . Staff was directed to prepare the request . 3 . Blocks 3 & 4 Demolition Actions. Since action was tabled at the January 29, 1997, EDA meeting, a motion was made by Gary Morke and seconded by Deb Amundson to remove the demolition action from the table. Motion carried 7-0 . Mr. McNeill reported that the demolition bid opening would be March 4, 1997 and consideration given at the March 12th EDA meeting and March 18th City Council meeting. Completion date would be approximately May 15th. To backfill the property would add approximately $100, 000 to the cost . Mr. McNeill also stated that the city engineer needs some direction as far as what authority he would have regarding extra costs due to unknown contaminated soils or wells and thought that a 10% contingency would suffice. A motion was made by Burl Zorn and seconded by Cletus Link to adopt Resolution 97-1, Approving Plans and Specifications and Ordering Advertisement for Bids for the Demolition of Blocks 3 & 4 . The motion was later amended to include a bid for backfill on the property. Mr. Morke expressed concern about the demolition because of the costs which were presented earlier in the evening. Mr. Miller stated that he subsequently talked to the downtown business people and was now getting the impression that the business people now wanted the site cleared. Mr. VanHorn stated he would like to know if the project was going to go forward before moving ahead with the demolition bids. Ms . Amundson opined it would be a good idea to wait to hear the public' s input at the February 26th hearing before moving forward with the bid. The amended motion was then voted upon. Motion carried 4-3 with Messrs . - 5 - Link, Miller, Reinke and Zorn voting aye and Ms . Amundson and Messrs. Morke and VanHorn voting nay. A motion was then made by Burl Zorn and seconded by Cletus Link to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders, quantity adjustments or supplemental agreements on the project . Motion carried 5-2 with Messrs . Link, Miller, Reinke, VanHorn and Zorn voting aye and Ms . Amundson and Mr. Morke voting nay. " 4 . Business Relocation Claims - Antique Boutique and Antiques & Collectibles . A motion was made by Burl Zorn and seconded by Cletus Link to approve the relocation claim for Antique Boutique in the amount of $9, 543 . 00 . Motion carried 7-0 . A motion was made by Burl Zorn and seconded by Cletus Link to approve the relocation claim for Antiques & Collectibles by Pam Olson in the amount of $1, 910 . 20 . Mr. Morke asked about the reestablishment costs associated with this claim and Mr. McNeill noted that it was likely that an additional amount will be sought for those costs when they had been determined. Motion carried 7-0 . 5 . Request for Payment of Rehab Grant from G & R Laurent Partnership. Mr. Leek stated that he had been approached by G & R Laurent regarding payment of the Rehab Grant . Mr. Leek was told that the only remaining work is the awnings and that G & R Laurent was requesting payment in the amount of $19, 587 . 50 . Mr. Link stated he understood that the project needed to be completed before receiving any funds. Mr. Leek stated he understood the building only needs to be substantially completed. A motion was made by Cole VanHorn and seconded by Deb Amundson to approve G & R Laurent' s request for payment of $19, 587 . 50 in Rehab Grant Funds . Motion carried 6-1 with Amundson, Miller, Morke, Reinke, VanHorn and Zorn voting aye and Link voting nay. b. Meeting Nights . A discussion was held regarding changing the EDA' s meetings nights to the first and third Monday rather than the second and fourth Wednesdays in order to precede the City Council meetings . There was a concern about the meeting packets being able to be assembled, however, Mr. Leek noted this was not much of an issue at this time . A motion was made by Burl Zorn and seconded by Gary Morke to move the EDA meetings to the first and third Mondays . Motion carried. Staff was directed to prepare Resolution 97-2 to amend the EDA Bylaws to reflect this change . 6 . Old Business . a. Revised Rehab Grant Program Guidelines . Mr. VanHorn stated he would be abstaining from discussion and voting on this matter. Proposed drafts for the Downtown and Highway Business Rehab Grant Programs were - 6 - distributed. Mr. Zorn asked if the two documents could be combined into one Rehab Grant Program since all the monies come out of one fund. Mr. Miller stated he would like separate programs because there may be different criteria for the Highway Business Rehab Grants . Ms . Amundson noted that more discussion about the goals of the areas would be helpful . Mr. Morke noted that there is an interim policy in place . A motion was made by Gary Morke and seconded by Burl Zorn to approve the Guidelines as written. Motion carried 4-2 with Link, Morke,- Reinke and Zorn voting aye; Amundson and Miller voting nay and VanHorn abstaining. 7 . Informational Items. a. Confirmation letter from TKDA to MN State Historic Preservation Office. Mr. VanHorn stated he would like the EDA to be more involved in the historical preservation of Blocks 3 and 4 . Mr. VanHorn suggested that staff contact Lee Smith of the Scott County Historical Society to capture Blocks 3 & 4' s history. b. Blocks 3 & 4 Insurance. A memo was distributed concerning the liability, property replacement and contents insurance for the properties in Blocks 3 & 4 . c . Public Hearings - Blocks 3 & 4 . A memo was distributed regarding the upcoming public hearing. Burl Zorn offered a motion directing staff to begin working on initiating negotiations regarding the Development Agreement necessary for Blocks 3 and 4 . Due to the time of the evening and the expected considerable discussion regarding this matter, the motion was not entertained at this meeting. . There being no further business, a motion was made by Deb Amundson and seconded by Cletus Link to adjourn the meeting. Motion carried 7-0 . Respectfully submitted, 99 Ve QQ1 anet Vogel Freeman, Recording Secretary - 7 - CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: March 13, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 02/28/97 to 03/12/97. Action Requested Move to approve bills in the amount of $20,713.82 for the EDA General Fund and $272,794.40 for the Blocks 3&4 Fund. 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E�-1 *e 01 asOsa101a1O101 H El as H H * * Z ,4 H H H H 1-1 0 0 * m m M m M m M m 0 0 m 0 0 * * CLr-1 H H H H r-1 H H * d' a' d' w a' Tr a' v' H H V' H El a 1 , CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: GME Invoice DATE: March 12, 1997 Introduction: Also to be considered in the bills for approval of payment is Invoice No. 2-97-24 from GME Consultants in the amount of$5,540.00. Background: At the first meeting of January,the Economic Development Authority was advised that the geotechnical/environmental review for Blocks 3 and 4 had to be split. This resulted in additional costs that occured before the project was divided. GME was one of the companies that was approved for geotechnical exploration contractual work for Blocks 3 and 4,with a total bid of$4,900. This contractual work and the above referenced additional costs of$640 are outlined on the attached invoice. Recommended Action: Pay GME $5,540.00 for services rendered, as presented on the attached invoice. -09 or Paul Snook Economic Development Coordinator gmememo.doc Dunbar Development Corporation MEMORANDUM To: Mark McNeill From: Jay Portz , RE: Shakopee Downtown Redevelopment Project Date: 2/27/97 Enclosed are two (2)copies of the geotechnical invoices that we received from GME Consultants for work related to the above referenced development. The amount of the invoice corresponds to the proposal they submitted plus the cost of the additional boring that we discussed. We ask that the City pay GME directly. If you have any questions,please feel free to contact us. • 5000 Glenwood Avenue,Suite 200 Minneapolis,Minnesota 55422-5146 (612)377-7090 FAX(612)377-7089 GME CONSULTANTS, INC. 14000 - 21ST AVENUE NORTH MINNEAPOLIS, MINNESOTA 55447 PHONE (612) 559-1859/FAX 559-0720 INVOICE February 25, 1997 City of Shakopee c/o Dunbar Development Corporation 5000 Glenwood Avenue, Suite 200 Minneapolis, Minnesota 55422-5146 Attention: Mr. Frank Dunbar GME Project No. 6653 Invoice No. 2-97-24 RE : Invoice for geotechnical exploration and report for the proposed Downtown Redevelopment project in Shakopee, Minnesota Geotechnical Exploration $ 4 , 900 . 00 Special Grout Backfill $ 240 . 00 Additional boring/utility clearance $ 400 . 00 TOTAL AMOUNT DUE THIS INVOICE: $ 5, 540 . 00 TERMS : Net due upon receipt . Accounts over 30 days are subject to a finance charge of 1 . 5% per month. Please reference this invoice number with your remittance . THANK YOU! CMA: sab a, CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Mark McNeill, Executive Director SUBJECT: Billing -American Engineering& Testing DATE: February 21, 1997 The claims list shows a bill from American Engineering&Testing (AE'I) for$2,667.1.0. AET was one of the two companies that was affected when we separated out a contract for environmental assessment, and soil borings on Blocks 3 & 4. Before the contract was separated, AET had generated some costs relating to set up time for soil borings. That is reflected in the $367.10 which was over and above their bid amount. For your information. 4.4 (Q. &IDA Mark McNeill Executive Director MM:tw Peter J. Patchin & Associates, Inc. Valuation Consultants (612) 895-1205 101 West Burnsville Parkway, Suite 200, Burnsville, Minnesota 55337 FAX (612) 895-1521 TO: City of Shakopee DATE Feb. 24, 1997 129 Holmes Street South Shakopee, MN 55379 INVOICE NO. 9682 ATTN: Mr. Mark McNeill City Administrator RE: Market Value Appraisal of 117 & 119 - 1st Avenue East (Hill) 123 - 1st Avenue East (Hughes) 203 & 209 - 1st Avenue East (Brambilla) 221 - 1st Avenue East (Mahoney) 237 - 1st Avenue East (Xian) Shakopee, Minnesota Services Rendered: Updated complete market value appraisals of the afore-mentioned prop- erties to January 20, 1997, including fixture appraisal of Imperial Wok restaurant; work performed through February 21, 1997. Jason Messner 12.0 Hrs. @ $100.00 Per Hour = $1,200.00 Joseph Mako 116.5 Hrs. @ $65.00 Per Hour = $7,572.50 Richard Drew 5.0 Hrs. @ $100.00 Per Hour = $ 500.00 Total Amount Due $9,272.50 Thank you for your business. Federal Tax I.D. #41-1798326 THE AMOUNT OF THIS INVOICE IS DUE UPON PRESENTATION. 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N 01 H N H f') H I - - I I s 1111 % I s S I t j HO II 11 W 0 H H O N 03 N CO A .1 N N t0 H N W .A W W N W tD II 1n II co t0 O O N 0 0 t0 W N 0 H 0 H 01 N OD N ID N O1 H 1P H I H N O O N O O N N O O W o Lo N o o co .A N co H .J n • • • • II • H w O O o o 0 0 0 N 0 0 01 O CD N o o H N 01 .A II .P H W 0 0 0 0 0 0 W 0 0 0 0 0 0 .P O O N CO O H H .1 11 H I DJ II I b t%J n roW 1 W :h PO II IIII W XI ro II II 0W IA N H00 .100H000 0 0 A CO O t .1 00OOD I DDJZ N II N H W Z CD H • II C 11-] 01 0 0 0 U1 0 0 N 10 0 0 OD O N W 0 0 0 0 0 N 1 H 01 II .1 11 -4 co 0 0 0 0 0 0 W .A O O 01 O W 10 0 0 -$ 0 0 W I II H II CITY OF SHAKOPEE Memorandum Cc I C 3 TO: Economic Development Authority/City Council Cf FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolutions accepting bids on the demolition of Blocks 3 &4 DATE: March 12, 1997 Introduction: The Economic Development Authority and City Council are asked to adopt Resolution 97-5, and Resolution 4635, respectively, directing the EDA and the City Council to enter into contract with Dulas Excavating of Wells, Minnesota for the demolition of Blocks 3 & 4 according to approved plans and specifications. In addition, the EDA and City Council are asked to approve a contingency of 10% over and above the contract amount for unforeseen additional cost items. Background: At the February 12, 1997 Regular Meeting, the Economic Development Authority passed Resolution 97-1, approving plans and specifications and ordering advertisement for bids for the demolition of Blocks 3 & 4. Eleven bids were received on March 4, 1997. TKDA, the firm retained to draw plans and specifications for the demolition, has recommended the retention of Dulas Excavating, Inc. as the demolition contractor. Dulas' bid was for $127,558.00. TKDA also recommends that the alternate bid of$12,400.00 for backfill be accepted in case there is a delay in the project. Backfilling the site is most cost effective during debris removal in that trucks returning to the site can be used to back-haul fill material. Backfill at a later time would be an added cost. Furthermore, if the alternate bid for backfill is deleted later, there is the possibility of the contractor crediting/refunding to the city only part(estimate: 50%) of this cost. Budget Impact: The eleven bid figures were very favorable for the city since the original demolition estimate from TKDA was $550,000, which included costs for asbestos abatement and removal. Should environmental problems (abandoned underground fuel storage tanks, uncapped wells, etc.) be discovered during excavation, remediation costs would need to be covered either as change orders with the demolition contractor, or as quotes to be taken for a separate contractor to handle. 34bidmmo.doc Recommendation: The Economic Development Authority and City Council adopt Resolution 97-5, and Resolution 4635, respectively, directing the EDA and the City of Shakopee to enter into contract with Dulas Excavating, Inc. in the amount of$139,958.00 for the demolition of Blocks 3 & 4 according to approved plans and specifications. In addition, it is recommended that the EDA and City Council approve a contingency of 10% ($13,995.00) over and above the contract amount for unforeseen additional cost items. Recommended Action: EDA: 1. Offer Resolution No. 97-5, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4, and move its adoption. 2. Authorize contingency of 10%($13,995.00) over and above the contract amount for unforeseen additional cost items. CITY COUNCIL: 1. Offer Resolution No. 4635, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4., and move its adoption. 2. Authorize contingency of 10% ($13,995.00)over and above the contract amount for unforeseen additional cost items. of do' Paul Snook Economic Development Coordinator 34bidmmo.doc RESOLUTION NO. 97-5 A Resolution Accepting Bids On The Demolition In Blocks 3 and 4 WHEREAS, pursuant to an advertisement for bids for the demolition of buildings within Blocks 3 and 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement : BASE BID ALTERNATE #1 Dulas Excavating, Inc. $127, 558 . 00 $12,400 . 00 Max Steininger, Inc $144, 900 . 00 $ 7, 500 . 00 Kevitt Excavating, Inc. $148, 053 . 00 $19, 800 . 00 Hoist Excavating, Inc. $165, 000 . 00 $24, 000 . 00 Schreiner' s Trucking, Inc. $186, 700 . 00 $ 8, 500 . 00 Carl Bolander & Sons Co. $198, 167. 00 $24, 618 . 00 Lloyd' s Const . Serv. , Inc. $211, 840 . 00 $38, 000 . 00 Veit & Company, Inc. $213 , 069 . 00 $15, 712 . 00 DKH Excavating, Inc. $223, 148 . 00 $58, 500 . 00 Wickenhauser Excavating, Inc. $228, 800 . 00 $14, 000 . 00 Landwehr Construction, Inc. $258, 000 . 00 $29, 000 . 00 AND WHEREAS, it appears that Dulas Excavating, Inc. , P. 0. Box 207, Wells, MN 56097, is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. That the appropriate Economic Development Authority officials are hereby authorized and directed to enter into a contract with Dulas Excavating, Inc. , in the name of the Shakopee EDA for the demolition in Blocks 3 and 4 according to the plans and specifications therefore approved by the Economic Development Authority and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1997. President ATTEST: Secretary [RES-EDA] RESOLUTION NO. 4635 A Resolution Accepting Bids On The Demolition In Blocks 3 and 4 WHEREAS, pursuant to an advertisement for bids for the demolition of buildings within Blocks 3 and 4, bids were received, opened and tabulated according to law, and the following bide were received complying with the advertisement: BASE BID ALTERN2.TE #1 Dulas Excavating, Inc. $127, 558 . 00 $12,400 . 00 Max Steininger, Inc $144, 900 . 00 $ 7, 500 . 00 Kevitt Excavating, Inc. $148, 053 . 00 $19, 800 . 00 Hoist Excavating, Inc. $165, 000 . 00 $24, 000 . 00 Schreiner' s Trucking, Inc. $186, 700 . 00 $ 8, 500 . 00 Carl Bolander & Sons Co. $198, 167. 00 $24, 618 . 00 Lloyd' s Const . Serv. , Inc. $211, 840 . 00 $38, 000 . 00 Veit & Company, Inc. $213, 069. 00 $15, 712 . 00 DKH Excavating, Inc. $223, 148 . 00 $58, 500 . 00 Wickenhauser Excavating, Inc. $228, 800 . 00 $14, 000 . 00 Landwehr Construction, Inc. $258, 000 . 00 $29, 000 . 00 AND WHEREAS, it appears that Dulas Excavating, Inc. , P. 0. Box 207, Wells, MN 56097, is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1 . The appropriate City officials are hereby authorized and directed to enter into a contract with Dulas Excavating, Inc. , in the name of the City of Shakopee for the demolition in Blocks 3 and 4 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk [RES-EDA] MAR-13-1997 16 37 TKDA 612 292 0083 P.02/03 T A TOLTZ.KING.DUVALL.ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL.MINNESOTA 55101-2140 PHONE:612/292.4400 FAX;$12492.00$3 March 13, 1997 Mr.Paul Snook City of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379 Re: Demolition of Blocks 3 and 4. Commission No. 11244 Dear Mr. Snook: Bids were received for the above referenced project on March 4, 1997. Eleven bids were received and a bid tabulation is attached to this letter. The low bidder on this project is Dulas Excavating Inc. with a bid of$127,558 for the base bid and$12,400 for the alternate bid. Dulas remains the low bidder regardless of the selection of the alternate bid. We have talked with representatives of Dulas as well as with references they have furnished and it is our recommendation the Dulas Excavating be awarded this contract. We also recommend the acceptance of the Alternate Bid. If backfilling of the excavations is not required,a credit for the alternate can be negotiated at a later date. V, \tru\k„yours, William E. Deitner P.E. Project Manager Attachment An Equal Opportunity Employer MAR-13-1997 16:37 TKDA 612 292 0083 P.03/03 TIMATOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES.INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1503 PIPER AFFRAY PLAZA 444 CEDAR STREET SAINT PAUL.MINNESOTA 551014140 PHONE:612/282-4400 FAx:6121282-0063 BID TAB SHEET BLOCKS 3 & 4 DEMOLITION CITY OF SHAKOPEE, MINNESOTA TKDA Commission No. 11244 Bid Opening March 4, 1997 �r7r.:�r�Crr f1y�^k1.P�!4r '50,�°i�«iil'lTtrt„1,�";r;!1^'wu��j+Ifr(:''114C.fn Ef.�-- �*2. � :., r4 tYNY}{�,��}^,�.it�rt i�SiRi rvr r^.�°�...,;1{'�iN r{,e�,4��� f ,p,�,1,i'�� r .�^!_. :;:•Pr =r r ' � rhi`7,� 1 Carl Bolander& 5% 198,167 24,618 222,785 Sons Co. 2 DKH,Inc. 5% 222,148 58,500 280,648 3 Dulas Excavating, 5% 127,558 • 12,400 139,958 Inc. 4 Holst Excavating 5% 165,000 24,000 189,000 Inc. 5 Kevin Excavating, 5% 148,053 19,800 167,853 Inc. 6 Landwehr Const. 5% 258,000 29,000 287,000 Inc. 7 Lloyds Constr. Cashier's Check 211,840 38,000 271,024 Services, Inc. 8 Schreiner Trucking 5% 186,700 8,500 195,200 9 Max Steininger,Inc. 5% 144,900 7,500 152,400 10 VETT&Company, 5% 213,069 15,712 228,781 Inc. 11 Wickenhauser 5% 228,800 14,000 242,800 Excavating, Inc. An Equal Opportunity Employer TOTAL P.03 GONSENT CITY OF SHAKOPEE Memorandum (Z A \ ` TO: Mayor and City Council - . Mark McNeill, City Administrator S .. G , . FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of Alleys located in Blocks 3 and 4, Old Shakopee Plat DATE: March 13, 1997 INTRODUCTION: On January 22, 1997,the Shakopee EDA passed a motion requesting that the City Council commence the process for considering the vacation of the Lewis Street right-of-way between Blocks 3 and 4. The intention of the motion was to vacate any right-of-way or easements necessary in order to prepare for clearing of and construction on Blocks 3 and 4. A vacation process has been started for the right-of-way of Lewis Street. The attached Resolution No. 4633 sets a public hearing date to consider the vacation of the alleys in Blocks 3 and 4. DISCUSSION: The attached resolution sets a public hearing for April 15, 1997. On that date,comments from staff members and utilities, as well as a recommendation from the Planning Commission,will be presented to the City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 4633, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. ", 2. Ad2d-,-10.--Z R.1Vfichael Leek Community Development Director ,. 1 VACPH3&4.DOC/RML RESOLUTION NO. 4633 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF ALLEY RIGHT-OF-WAY IN BLOCKS 3 AND 4,OLD SHAKOPEE PLAT WHEREAS,it has been made to appear to the Shakopee City Council that the alley rights-of-way in Blocks 3 and 4, Old Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves 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 THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of April, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the alley rights-of-way in Blocks 3 and 4, Old Shakopee Plat, 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk • PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 VACPE13&4.DOC/R\tL 2 5, a CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Business Relocation Claim for Sweet Annie's Farm DATE: March 12, 1997 Introduction: Attached for the EDA's review is the business relocation claim in the amount of $1,028.60 for the business referred to above. Action Requested: Offer and pass a motion approving the attached relocation claim. ag= '1 1p- Paul Snook Economic Development Coordinator CONWORTH, INC. 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 FAX (612) 929-0568 February 10, 1997 Mr. Mark McNeill City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Subject: Business Relocation Claim for Sweet Annie's Farm 213 1st Avenue E. , Shakopee, MN Blocks 3 and 4 Project Dear Mr. McNeill: Enclosed please find two executed copies of the relocation claim for the above-referenced business. We have met with the business owner and representatives, have reviewed the cost documentation submitted, and have made our recommendations for payment in accordance with applicable relocation regulations. Upon the EDA of Shakopee's approval of these relocation claims, please make payment to: Sweet Annie's Farm $1,028.60 If you should have any questions, please do not hesitate to call. A final claim may be filed later for reestablishment and site searching expenses. Sincerely, Sean C. Ingvalson Relocation Consultant sl enclosures Redevelopment Acquisition/Relocation BUSINESS RELOCATION CLAIM FEBRUARY, 1997 SWEET ANNIE'S FARM 213 1st AVENUE E. • , E SHAKOPEE, MN II EDA OF SHAKOPEE l' BLOCKS 3 AND 4 PROJECT j CONWORTH, INC. SUMMARY OF RELOCATION CLAIM Displaced Business Name: Sweet Annie's Farm Business Representative: Charles and JoAnn Bailey Project Site Address: 213 , 1st Avenue E. , Shakopee, MN Replacement Site Address: To be determined Date of Relocation Eligibility: October 2, 1995 Date of Move: January 30, 1997 } Type of Payment Claimed Herein: Actual Moving Expenses Summary of Costs Recommended for Payment: Moving Expense Payment $1,028.60 Replacement Site Search Costs l Reestablishment Costs To be filed laterTo be filed later Total Recommended Payment: $1,028.60 Less Amount of "Advance" Payment: -0- Balance Due: $1,028.60 Recommendation: Please make payment in the amount of $1,028.60 to: 1 Sweet Annie's Farm I CONWORTH, INC. � Mn/OOT TP-25151-02(3/82) COMMERCIAL - STATE OF MINNESOTA 1 DEPARTMENT OF TRANSPORTATION: (� CLAIM FOR COMMERCIAL MOVING COSTS e. Instructions on Reverse Side — See -------- --—_ FOR STATE(ISE ONLY NameSweet Annie's Farm• 1 028.60 Approved Amount Y SP Shakopee Blocks 3 and 4 Project — Appiovcd ligr.ul RAV ii„ led. No. County Scott Approved _ -- ---- — Par. No. Owner Date Applirltion Approved Aid'17 Make MAXk Check'1'0. Address 213 E. 1st Ave. lacy Shakopee sweet Annie?c Farm Type of Acquisition Total Taking_ TRAM, VENDOR NUMBER (TYPE II 71'1'1:(11 CI.AIAI J X� INVOICE— NUMBER -ORCiANIlATION T10N Itusiucss ^SED Nn -rLIEFOEPT.PO/FONO. T rin.if.CI Z W (•'affil AMOUNT OF INVOICE DATE CU-1 CC-7 Q H CC-3 CC-4 I SOURCE 3 Sign Removal I 4 W I hereby certify that the goods or materials covered by this claim have been Inspected and received or the services have CC Q LL been performed,and are in accordance with specifications, Date of Move _ and are in proper form,kind,amount,and quality,and pay UQ ment therefore hereby recommended. f I } m0 p - - -- - -------- ------- _-- SYSTEM ASSIGN REF.NO. DEPT AUTH SIGNATURE to M II- L(X:.117ON .1'0 WHICH PERSONAL PROPERTY WAS MOVED _— z I- 4 Address To be determined city _ °c .1/t101/NT 01 N 11'A1.. - --- Moving Expense $.1,028.-60 IF_xpense 'mulled In searching for Replacement Business or Farm $-- -- -- -- TOTAL $_1_,028.60 I. II o' ouch iSiyne(I, eco hereby certify that the above information is true and correct, and that any movers' receipts or statement% attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any I other moving claim for reimbursement of, or received compensation lot, any expense in connection with this claim. un(IeIlantl that falsification of any (portion of this claim will result in its(tenial IMad (:LuH1 to /Z if, 7 I),t11 • ., EDA of Shakopee ���Le�ar�� ���� ; `iignalurI DIRECT MOVING COSTS Undocumented Self-Move Business Name: Sweet Annie's Farm Project Site Address: 213 E. 1st Avenue, Shakopee, MN Move Costs for Business Personal Property: $1 ,028.60 Reconnection Costs: None Other: None Total Self-Move Costs: $1 ,028.60 Remarks: Sweet Annie's Farm owned many items of property which were stored at this location. Moving estimates were obtained from Berger Transfer & Storage and Barrett Moving & Storage. Mr. and Mrs. Bailey are entitled, under the direct moving costs provision, to receive the lower of these two bids to compensate their business for its self-move. Conworth, Inc. recommends that the Shakopee EDA approve this claim request and make payment to Sweet Annie's Farm in the amount of $1,028.60 for eligible moving costs. Documentation Attached: Moving estimates from Berger Transfer & Storage and Barrett Moving and Storage CONWORTH, INC. �_ CERTIFICATION OF CLAIM is I , the undersigned, do hereby certify the following: 1. That I have personally inspected the business movable property and its relocation claim herein; 2. That to the best of my knowledge and belief the statements contained in this report and upon which the opinions herein are based, are true and correct; k 3 . That this claim has been made in conformity with and is subject to the requirements of the Uniform Relocation Assistance and Real Properties Acquisition Act of 1970, as amended, and the regulations of the Department of Transportation. 4. That neither myself, the company, nor the employees have a present interest or a contemplated interest in the business involved or the real property it occupies; and 5. That neither the employment to make the claim nor the � compensation for it are contingent upon the amount of eligible relocation compensation estimated herein. ..//4Sean C. I gvaison Relocation Consultant Conworth, Inc. 7-0 7 Date / CON WORTH, INC. r 1 D. CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolution 97-6, amending the By-Laws provision relating to the EDA meeting dates and times. DATE: March 13, 1997 Introduction: Staff has prepared Resolution 97-6, amending the By-Laws provision relating to the EDA meeting dates and times based on the Board's direction at the March 4, 1997 Regular Meeting. Background: At its March 4th meeting,the EDA Board determined that setting different meeting dates and times is appropriate since the composition of the Economic Development Authority Board of Commissioners has been revised so that the City Council serves as the Board. The EDA Board agreed to meet on dates and times that coincide with City Council meetings, as follows: • The annual meeting to be held at 7:00 p.m. on the first Tuesday of January of each year; and • Regular meetings to be held on the first Tuesday of each month of each year, commencing at 7:00 p.m., or at such other time as the Board may determine. The meeting on the third Tuesday of each month of each year will technically be an adjourned regular session. The attached resolution, if adopted,will formally implement the change. Paul Snook Economic Development Coordinator r97-5mmo.doc RESOLUTION NO. 97 X A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA,AMENDING THE BY-LAWS PROVISION RELATING TO THE MEETING DATE. WHEREAS,the current Regular Meeting dates and times were set through adoption of Resolution 96 - 11, calling for the Economic Development Authority Board of Commissioners to hold Regular Meetings on the second and fourth Wednesdays of each month of each year, such meetings commencing at 6:00 p.m., or at such time as the Board may determine; and the Annual Meeting held on the third Wednesday in January of each year, commencing at 6:00 p.m.; and WHEREAS,the composition of the Economic Development Authority Board of Commissioners has been revised through Resolution No. 4610 so that the City Council shall serve as the Board; and WHEREAS, it is appropriate for the Economic Development Authority to set different meeting dates and times to coincide with City Council meetings. NOW THEREFORE,BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE,MINNESOTA AS FOLLOWS: That the By-Laws of the Economic Development Authority, Section III, Procedures, paragraph 1, Annual Meeting, and paragraph 2, Regular Meetings, are hereby amended to read as follows: 1. Annual Meeting. The annual meeting of the Economic Development Board of Commissioners shall be held at 7:00 p.m. on the first Tuesday in January of each year. 2. Regular Meetings. Regular meetings shall be held on the first Tuesday of each month of each year, commencing at 7:00 p.m., or at such other time as the Board may determine. Passed in regular session of the Economic Development Authority for the City of Shakopee, Minnesota, held this 18th day of March, 1997. President Attest: Executive Director FDA March 18, 1997 President Bob Sweeney and Members Shakopee Economic Development Authority 129 South Holmes Street Shakopee, MN 55379 Dear President Sweeney, and Members of the EDA: Beginning in November, 1996, a five member design review committee made up of members of the Scott County HRA, the City EDA, and downtown merchants met to provide input on building exterior design and site plan for the redevelopment of Blocks 3 and 4. Several meetings were held with the design professionals and project team. The major focus was on creating a building that would present a favorable first impression for the downtown area, provide for an architectural style that would be compatible with other buildings in the downtown, as well as be functional. Those factors needed to be weighed against the project budget. Two major considerations which have been incorporated into this design include an all brick facade and a flat(versus pitched)roof. There was no chair elected from the five official members of the design review committee, but I believe I speak for a consensus of the committee. While we realize that there may be some modifications later as a result of budget or other design considerations,the design presented tonight by Project Manager Frank Dunbar is something with which the design review committee concurs, and can recommend to the EDA, in accordance with the Joint Powers Agreement between the City and Scott County HRA. We look forward to its construction. Sincerely, 1 Duane Wermerskirchen The Real Gem DW:bjm 108 First Avenue East [FULLER2.DOC] Shakopee, MN 55379 5_c CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Recommendation from Design Committee regarding design proposal for Blocks 3 & 4. DATE: March 13, 1997 Introduction: Since last November, the Blocks 3 & 4 Design Committee has met several times with the architect and developer to arrive at a final design for the project. Upon repeated review and refinement of the site plan and architectural design,the Design Committee, represented by Duane Wermerskirchen, will make a formal recommendation to the EDA at tonight's meeting. Background: On August 1, 1996, the EDA of the City of Shakopee and the Scott County HRA entered into a Joint Powers Agreement for the redevelopment of Blocks 3 & 4. Included in the agreement is a provision for the site plan and architectural design of the project to be approved by a Design Committee, comprised of board and staff members of the EDA and HRA, and a member of the Shakopee Downtown Business Council. The Design Committee then submits/recommends the final plan and design to the Economic Development Authority for approval. Recommended Action: Accept Blocks 3 & 4 site plan and architectural design recommendation from the Design Committee. Approve final site plan and architectural design of the Blocks 3 & 4 project, as submitted. 4 , ►004 Paul Snook Economic Development Coordinator desgnmmo.doc . 0\ 0 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Blocks 3 & 4 Development Agreement update DATE: March 12, 1997 Introduction: City staff and HRA staff will meet on Monday, March 17 to begin structuring a development agreement. Background: At the March 4, 1997 Regular Meeting, the Economic Development Authority directed staff to begin negotiating a development agreement with the Scott County HRA. On March 10th, city staff met with Steve Bubul of Kennedy& Graven to discuss ideas for the development agreement. It was agreed that meeting with the HRA staff would be the next logical step in the process. Recommended Action: No action recommended. This item is informational. I Paul Snook Economic Development Coordinator dvagmmo l.doc 1#7 .0.. CITY OF SHAKOPEE Memorandum TO: EDA. FROM: Mark McNeill, Executive Director SUBJECT: Blocks 3 &4 Referendum DATE: March 13, 1997 At the public hearing of February 26th, a question was raised from the audience as to whether the issuance of bonds for Blocks 3 & 4 redevelopment could be placed on a referendum,to be decided by the voters. The acting City Attorney that evening responded that he believed it could. The City Attorney has looked into this issue further. The City Attorney advises that, although there are some situations where bond referendums are required, the bonds that are proposed to be issued for the Blocks 3 &4 project do not constitute such a situation. The Attorney General has ruled numerous times that if a bond referendum is not required, a governmental entity has no authority to call an advisory referendum. As part of the City Attorney's research on this issue, he obtained a copy of a previous opinion, which was issued by the City Attorney in 1989.. I am attaching a copy of that opinion with this memorandum. The opinion is consistent with the rulings by the Attorney General. 11)X Utii Mark McNeill Executive Director MM:tw Ida office`. Jilin)k. Klass` RAS S Lachlan I',. `.Iia! I emus I,. Mtlnrelf lame, hkirry .. %lever C . Colleen M.'lieni;l E :: 1EN—J Trevor R.Walston _ Patricia A.11ellrl chartered heal A.Car'Isfin. I'.1 Mark LI. Moxness� Diane M.Carlson *Certified Civil'Pial Siaciaha x Also Admitted in California Robert J.Walter +Also Admitted in South Ik Wu March 28, 1989 The Mayor, City Council and Acting Administrator City of Shakopee 129 First Avenue East Shakopee, MN 55379 RE: The Use of Special Elections (i,e. , Referendum) to Determine the Issue of Tax Increment Bonds Our File No. 5-1373-213 Dear Mayor, City Council and Acting Administrator: ISSUE We have been asked to determine whether the City of Shakopee may use a special election or referendum to submit to the voters the question of issuance of tax increment bonds, the proceeds of which will be used in the so-called mini by-pass bridge project. OPINION It is our opinion that a special election or referendum may not be used to authorize the issuance of such bonds. In addition, it is our opinion that any attempt to use such a special election or referendum on this question will result in the City's inability to secure tax increment bonds for this project which would otherwise be permitted. A special election or referendum may be used only when the question sought to be submitted is one on which the voters are authorized by law to pass judgment. Minn. Stat. § 205.10, Subd. 1. In numerous opinions, the Attorney General has ruled that a municipality may not hold an advisory election in the absence of statutory or charter authority to do so. Neither the Minnesota Constitution nor the statutes authorize the holding of an advisory election or referendum as proposed. Instead, the statu- tes clearly provide that the issuance of tax increment financing bonds by muni- cipalities, pursuant to Minn. Stat. § 469.178 Subd. 1 and 2, are to be subject only to the procedures which are set forth in Chapter 475. Since Chapter 475 contains no provisions for special election or referendum as a condition to issuance of such bonds, such an election is simply not permissible. See, Op. Atty. Gen. , 36-A, December 6, 1978 and Op. Atty. Gen. , 59a-7, April 25, 1960. Reply to: Marschall Road Business Center.327 Marschall Road.PO.Box 216, Shakopee.Minnesota 55379 Telephone:(612)445-5080 FAX(612)445-7610 Southpoint Center.Suite 1100.1650\Vest 82nd Street. Bloomington.Minnesota 55431 Telephone:(612)885-5999 FAX(612)885-5969 The Mayor, City Council and Acting Administrator Page -2- March 28, 1989 The Minnesota Supreme Court has said that if there is "no statutory authorization for submission of a question to the voters for their decision, such a submission by a public authority clothed with power with respect to the questions submitted constitutes an unauthorized re-delegation of a delegated power." Muehring v. School District #31 of Stearns County, 224 Minn. 432, 28 N.W.2d 655, 658 (1948). In such a case, said the court, submission of the question to the voters has no legal effect whatever, and their decision cannot be controlling or binding. In other words, a municipality cannot redelegate to voters governmental decision making power delegated to the city by statute. The Attorney General has ruled, in addition, that unless there is sta- tutory authorization for the holding of such an election or referendum, public money cannot be spent for the holding of unauthorize election. See, A.G.O. p. 185-B-2, LMC 180 J August 22, 1961. The Attorney General said, in his opinion, that this is true even where the costs of the election are slight or are to be paid by donations. CONCLUSION The City may not use a referendum to ask voters whether to issue tax increment bonds on the so-called mini by-pass bridge project. To do so would be an improper re-delegation of authority to voters on a question which must be decided by the City. Should you have any questions or concerns regarding this opinion, please call. Very truly yours, KRASS & MO ROE' HARTERE i Trevor R. Walsten TRW:srr 710 City of Shakopee MEMORANDUM TO: EDA/CITY COUNCIL FROM: Mark McNeill, Executive Director DATE: March 5, 1997 RE: Blocks 3 and 4 Parking Concerns At the EDA public hearing on February 26, 1997, Eldon Reinke questioned whether the removal of available parking spaces on Blocks 3 and 4 would create a conflict for businesses which had been assessed for the construction of municipal parking lots some years ago. I asked staff to review this . City Clerk Judy Cox has responded with the attached information. She spoke with the former Assistant City Administrator, who had done an analysis in October, 1988 . Without Blocks 3 and 4 changes, the net effect of the Mini-Bypass work was that there was a net gain of one stall . With the completion of the Blocks 3 and 4 redevelopment project as currently envisioned, there will be an additional 98 spaces . It is unresolved at this point as to what part of these spaces will be considered as public or privately owned. The information above should resolve the issue as to whether assessees of the late 1960' s project are still receiving benefit nearly 30 years later. Ittti Mark McNeill Executive Director MM:bjm Attachments (MCNE ILL.MEM] cc: Eldon Reinke cc : Delores Lebens CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Parking for Blocks 3 and 4, Original Shakopee Plat DATE: February 28, 1997 At the EDA meeting on February 26th, Mr. Eldon Reinke raised a question relating to the construction of municipal parking lots in the late 1960 's which were assessed to benefiting businesses. He explained that any parking spaces that are lost to the benefit of the assessed business must be replaced and that the City may want to take a look at this as it relates to the proposed development in Blocks 3 and 4 . You asked me to look into this matter. I am aware of the improvements and of their assessment to benefiting properties. The assessment roll is a matter of public record and I can locate it if needed. I have spoken with Mr. Barry Stock, former Assistant City Administrator, and he concurred with my recollection that the parking lots were also addressed during the time of the down town streetscape improvements and during the time of the plans for the mini-bypass. He directed me to a report that he had generated addressing the parking spaces that were deleted and replaced elsewhere during these times, see attached. From this report it appears that the parking places that were eliminated were also replaced resulting in the addition of one additional parking space. Since this report was made in 1988 by Mr. Stock, I would like to point out that additional parking spaces were created when the City purchased the former Pelham Hotel property and expanded the municipal parking lot across from Bill's Toggery. In addition, it is my understanding that approximately 98 parking spaces are included in the plans for Blocks 3 and 4 to the north of the buildings. In summary, it appears to me that there has been and continues to be an increase in parking spaces for retail businesses in the down town area as opposed to loosing parking spaces. Please let me know if you desire additional research or information. (),, ,t2 e) J di h S. Cox, ity Clerk DOWNTOWN PARKING ANALYSIS 10/28/88 Phase I (Actual) Before After Net Gain/Loss Sommerville St. 45 46 + 1 (First Ave. - 3rd Ave. ) Lewis St. 38 58 +20 (First Ave. - 3rd Ave. ) Holmes St. 39 48 + 9 (First Ave. - 3rd Ave. ) Fuller St. 33 45 +12 (First Ave. - 3rd Ave. ) Atwood St. . 33 35 + 2 (First Ave. - 3rd Ave. ) Second Ave. 58 47 -11 (Sommerville - Atwood) 246 279 +33 Parking Lots * Lewis St. 39 38 - 1 Fuller St. 37 39 + 2 2nd Ave. Lot 70 82 +12 +13 Sub-Total +46 *One stall was forfeited to make two handicapped stalls MINI-BYPASS IMPACT Phase II (Projected) Parking Lots North of First Avenue Before After Net Mini-Bypass Mini-Bypass Gain/Loss City Hall Lot 89 0 - 89 Brambilla Lot 99 99 0 New Lot (No. o c. u 4'.L£f s Po Rr) 0 16 + 16 - 73 1. First Ave. 94 122 + 23 (Between Spencer & Atwood) Sub-Total - 45 Net effect on parking upon completion of Phase I and Phase II Net gain of 1 stall . 1. Assumptions - A. Diagonal parking on the North and South side of First Ave. B. 1100 ft. of parking frontage. C. Parking stall width of 9 ft. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Municipal Parking Lots DATE: March 3, 1997 This is in follow-up to my memo to you on Friday regarding the municipal parking lots matter raised by Mr. Eldon Reinke at the EDA meeting last Wednesday. I spoke to Frank Dunbar this morning and he advised me that the width of the proposed buildings in Blocks 3 and 4 is 60' . Since the lots in these blocks are 142 ' deep, it appears that there will be ample room to the north of the buildings for the proposed parking which is estimated to include 98 parking spaces for the retail businesses. These 98 parking spaces are in addition to the parking spaces identified in Mr. Barry Stock's parking analysis dated 1988 as well as the additional parking spaces that are the result of expanding the municipal parking lot across from Bill's Toggery. This confirms the fact that the number of parking spaces in the down town area appear to be increasing as opposed to decreasing. ,kja, J. Ju i h S. Cox, Ci y Clerk TENTATIVE AGENDA March 18, 1997 Page -2- 12] Recommendations from Boards and Commissions continued B] Stone Meadow preliminary plat located east of Hwy 169,north of the bypass, and west of Tahpah Park-Res.No. 4631 C] Text Amendment for planned unit development overlay districts- Ord.No. 480 D] Amendment to Comp Plan-Trails - Res.No. 4634 13] General Business A] Community Development *1. Set Public Hearing for Vacation of Alleys in Blocks 3 &4-Res.No. 4633 2. Vacation of Lewis St.North of 1st Avenue-tabled 3/4 - Res.No.4626 *3. Completion of Probationary Period-Jared Andrews *4. Set Public Hearing for Vacation of East 1/2 of Spencer St.North of 1st Avenue-Res.No.4632 F B] Engineering 1. Street Overlay and Storm Sewer Assessment Policy Revisions-Res.No. 4637 2. Revised Lead Person Job Descriptions 3. Shakopee Basin WMO Watershed Goverance C] Police and Fire 1. Hiring of Patrolman-tabled 3/4 2. Action to Accept the Resignation of Don Hamilton from Police Civil Service Comm. a. Appointment of Kim Weckman to Fill Vacancy. D] Park and Recreation 1. Grant Application for Land Acquisition Adjacent to Tahpah Park-Res.No. 4636 E] General Administration *1. VFW Post#4046 Gambling License Renewal 2. Fuller Street Reconsideration 3. Award Contract for Demolition of Blocks 3 and 4 -Res.No. 4635 (EDA#5.a.1.) *4. 1997 Set-Up Licenses 5. Farmers' Market Information *6. Discussion of Position on Met Council Member Elections 7. Salary Structure Discussion 14] Other Business 15] Recess for executive session to discuss labor negotiations 16] Re-convene 17] Adjourn TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE, MINNESOTA MARCH 18, 1997 LOCATION: 129 Holmes Street South -' Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Recess for an Economic Development Authority meeting 3] Re-convene 4] Approval of Agenda A] Consent Items-(All items noted by an* are anticipated to be routine. After a discussion by the Mayor,there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *8] Approval of Minutes: February 6 and 18, 1997 *9] Approve Bills in the Amount of$665,575.53 10] Communications A] Lauri Glenn,Acting Director, Convention&Visitors Bureau,regarding 1997 budget 11] Public Hearings-None 12] Recommendations from Boards and Commissions A] White Pines preliminary plat located south of CR-16, approximately 360' east of CR-17 and west of Roundhouse Street-Res.No. 4630 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 6, 1997 Mayor Henderson called the meeting to order at 5:00 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Mark McNeill, City Administrator; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; and Paul Snook, Economic Development Coordinator. Mayor Henderson added two items to the agenda: 1A)Memo from Gary Morke concerning the time of this public hearing, and 3A)Recommendation to re-establish the Community Development Commission. Sweeney/DuBois moved to approve the agenda as amended. Motion carried unanimously. Mr. McNeill stated that he had received a question from one of the EDA Commissioners regarding the timing of the public hearing which he referred to the City Attorney who has researched the question. Mr. Thomson stated that with the public hearing being held tonight there must be published notice once a week for two consecutive weeks. Notice was published in the Shakopee Valley News last Thursday and today. The statute does not define"consecutive weeks". It is his opinion that the City has complied with the statute by the notice and the hearing tonight. The memo he received disagrees with that and says that the proper date for the hearing is next Thursday, February 13th, under the theory that you have to wait a week from the last date of publication. Although the statute doesn't say that, he suggested opening the public hearing tonight, and in light of the procedural objection that has been raised, consider continuing it to next Thursday so that there is compliance with any procedural objection that has been raised. After discussion, there was a consensus of Councilmembers to open the public hearing and to make the decision later as to whether to continue it. Mayor Henderson opened the public hearing on whether or not the City of Shakopee shall modify the enabling resolution that created the Shakopee Economic Development Authority (EDA) to provide that the members of the City Council shall serve as the board of commissioners of the EDA. Mayor Henderson stated that the idea of having more citizens on the EDA was brought forward last year as an experiment for one year and that one year has passed. He believes that we have created a duplicate bureaucracy which is slowing processes down because developers must now make presentations to two separate bodies which creates additional costs for developers. There is also additional cost to the City in staff hours and time. He has brought this before the Council to debate where they wish to go. He doesn't intend this to be a debate on Blocks 3 and 4. Official Proceedings of the February 6, 1997 Shakopee City Council Page -2- Mayor Henderson stated if ever there was an example of the problems that can occur between an EDA and a City Council when they are separate bodies, the Blocks 3 and 4 project probably points out those problems stronger than anything else. The City Council joined with the EDA and the Scott County HRA on Blocks 3 and 4. The HRA has performed in good faith with the City and with the EDA in entering into a joint powers agreement for the purpose of bringing forth to the Council a plan for the development. The HRA has invested a great deal of time, money and effort. Both the HRA and the EDA and the City Council have opened the discussion up publicly in numerous forums for Blocks 3 and 4. Mayor Henderson stated that the problem with having a separate EDA is that either through action or inaction they can control the process for any development of this type. Mayor Henderson stated that he appeared before the EDA in their meeting last night and asked why the (special) meeting was held. The HRA has done numerous studies and made presentations to both bodies. He then spoke to the items that were on the EDA agenda for last night. a. Commercial/Professional Office Study of Blocks 3 and 4. Mayor Henderson stated that the HRA has performed a commercial and housing study. He asked why the City or HRA would consider having another study done at this point. b. Site Specific Residential Study. Mayor Henderson stated that the HRA has performed several residential studies and plans on performing an additional study specific to the actual footprint of the proposed building. c. Solicitation of Outside Developers for Blocks 3 and 4. Mayor Henderson stated that to be in a joint powers agreement with one entity and then to go out and actively solicit additional developers is not acting in good faith. d. Independent Analysis of Financial Analysis for Joint HRA/EDA Project on Blocks 3 and 4. Mayor Henderson stated that the discussion was whether or not the City's financial advisor (Springsted) could perform that function directly for the City at the same time using that same representation for the HRA. He stated that Springsted has not been asked by the City to perform any financial analysis on this project and will not unless the City is asked to be a bonding authority or to join in such bonding that the HRA might propose. Mayor Henderson explained that he brought up at last night's EDA meeting, which goes to the issue of inaction, that the City Council authorized the letting of bids for the demolition of Blocks 3 and 4. The EDA at their next meeting tabled action on authorizing the bids and have continued to table it, although not unanimously. The EDA through inaction is seriously compromising the flow of this project. Official Proceedings of the February 6, 1997 Shakopee City Council Page -3- Mayor Henderson stated that what bothers him through this whole process is the process. We have a project, have been trying to take as much public input as possible, however the process, which was well understood, is now coming to some critical times. To be slowing the process down, even putting that process in jeopardy, is not good faith on the part of the City in dealing with the developer. Mayor Henderson asked if any councilmembers wished to speak. Consensus was to first hear comments from members in the audience. Jackie Davis, 735 Lewis, stated that she believes that some of the process needs to be slowed down and that efficiency is not a good reason to move through the process quickly. Jon Brekke, 1625 Dallas Drive, spoke in support of continuing the EDA membership with citizens so as to let others help the Council. Judy Case, resident, stated that she doesn't want duplication, but in some cases that is helpful. Feels that there are too many unanswered questions that need to be answered. Had concerns about the project, but now has concerns about the process. Deb Amundson, 1087 Harrison St., (member of the EDA) feels the issue is also about Blocks 3 and 4. Feels that they still need answers to the questions on the tax impact and if the HRA can do such a project. She said that they delayed the demolition because they don't know if there is a viable project. She said that they would like to see an attractive retail, commercial building with an historical flavor that would generate millions of dollars in tax increment over the 25 year life of the project that could be used for other needed projects. Gary Morke, 1042 Merrifield Street, (EDA Commissioner) spoke regarding a number of issues. Relating to duplication, he said that he spoke to a number of local developers and not one sees this as a problem. The current EDA Chair has recommended that the EDA meet with the City Council for combined presentations. The joint powers agreement between the EDA and the HRA was a document to get the ball rolling to provide information, not to give away property. When the joint powers agreement was passed at the July meeting, we were told that the project would not cost the city a dime. The EDA has asked to meet with the Council to talk about reaching a compromise on their differences. Believes that in order for government to function for all of the people that active citizen involvement is demanded. Believes that senior housing is needed in down town Shakopee, but that there are other sites that would probably be better suited. Mr. Morke spoke in support of not eliminating the 90 plus years of experience of the current membership on the current EDA, but to keep it as it is and getting problems resolved by an open round table worksession. Official Proceedings of the February 6, 1997 Shakopee City Council Page -4- Bill Mars, 741 Scott St., stated that he became a member of the Community Development Commission in 1988. Believes that it is great to allow the EDA to have more citizen participation; making recommendations to the City Council with the Council making the tough decisions. Feels that an abolishment of any citizen participation would be a terrible thing and a step backwards. Believes that the EDA should stand as it is. Mayor Henderson stated that the City Council acts on EDA recommendations. His concern is of things not coming to the Council. Mr. Mars stated that we are sitting on a gold mine (with the potential in Blocks 3 and 4) and he would hate to see it killed. He would like to see discussion kept open. Cncl.Sweeney suggested that a mission of the EDA be established and that that be conveyed to the EDA. He suggested that the EDA remain as it is and that the Chair of the EDA, the Mayor, and the City Administrator draft a charge for the EDA. Those not willing to live with it can remove themselves from the EDA. Ms. Davis stated that she feels that the City Council doesn't listen. She feels that we can be a lot more creative with developing this land and need to change the course. She feels frustrated. Mr. Mars stated that, without talking about the down town, he feels that the EDA serves an excellent function. He worries that representation won't be there if it is consolidated. Cncl.Zorn stated that as president in the first year, he regrets that he did not keep the EDA focused. He said that he called Mr. Jaffa and asked if there were any funds that the Scott County HRA might have to do something in Shakopee and that the rest is history. He expressed concern that if the project (in Blocks 3 and 4) is delayed any further, if it doesn't move forward, that the HRA will leave the project. He doesn't believe that a private developer would participate in endless design meetings. Mona Strunk, 605 S. Monroe, asked which would do best for the tax payers in Shakopee, a HRA project or a private developer? She stated that she would hate to see a citizen committee disbanded. Mayor Henderson responded that we would need a developer with facts and figures and that the City would have to give incentives to the developer. The HRA project will have TIF dollars that will go back to the City. The City's investment in the HRA project would be less (than if there was a private developer). Mike Beard, 8434 Horizon Drive, President of Chamber of Commerce, extended in invitation to the City Council to attend a Chamber Board meeting next week. Official Proceedings of the February 6, 1997 Shakopee City Council Page -5- Mr. Beard stated that the City Council may be interested in sharing their ideas for the restructuring of the EDA with the Chamber Board. Dave Thompson, 1716 East 10th Avenue, stated that he is starting to get involved in the community and would hate to think that because the Council might disagree with him, that they would disband the committee that he is interested in serving on. The Council took a ten minute break at 6:38 P.M. Mayor Henderson re-convened the meeting at 6:48 P.M. Mark Miller, Chair of the EDA, stated that he has been sitting and listening and that he would like to talk about the change in the structure of the EDA, not Blocks 3 and 4. He said that there are five members on the EDA who have not made up their mind about the HRA project and that they continue to gather information to make a decision. He said that because they have not made up their minds doesn't constitute an objection to the project. A change in the make up of the EDA will eliminate five members who have kept an open mind on the project and that the two members on the EDA that have made up their mind will continue to be on the EDA. Sweeney/Zorn moved to continue the public hearing to Tuesday, February 25, 1997 at 7:00 P.M. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Tuesday, February 18, 1997 at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 7:00 P.M. J dith S. Cox ity Clerk Recording Secretary • SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 18, 1996 Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Burl Zorn, Robert Sweeney, and Cletus Link present. Councilor Jane DuBois was absent. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer, Judith S. Cox, City Clerk; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Jerry Poole, Deputy Chief of Police; Mark McQuillan, Park and Recreation Director; and Ron Stellmaker, Recreation Superintendent. Items 11A.1) New Copy Machine, 11E.2) Fire Station, and 11E.4) EDA Request for Interim Funding for Blocks 3 and 4 were moved forward on the agenda after recognition of interested citizens. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Linlc/Zorn moved to approve the Consent Agenda. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Link/Zorn moved to approve the Minutes of January 21 & 28, 1997. (Motion carried under the Consent Agenda.) Link/Zorn moved to approve bills in the amount of $737,884.70 (Motion carried under the Consent Agenda). Mr. McNeill explained that due to the slow response time to service the copy machine and having received no written proposal from Devney Office Machines, an additional lease proposal was accepted from American Photocopy. Either proposal would require an increase in the 1998 Budget of $300-450.00. He asked whether the Council wanted multiple bids or to accept the American Photocopy proposal. Jerry Poole, Deputy Police Chief, approached the podium and explained that ICON owns 4 major suppliers in the Twin City area and supplies various machines under the ICON label. He said additional bids would not be competitive and the offer from American Photocopy expires February 28, 1997. r Official Proceedings of the February 18, 1997 Shakopee City Council Page -2- Sweeney/Zorn moved to table discussion relating to a copy machine for the Police Department to obtain additional bids, until February 25, 1997. Motion carried unanimously. Mark Huge, Fire Chief, approached the podium and requested that the Council adopt the plans and specifications for the new fire station, and to authorize advertisement for bids. Mr. Paul Mickelberg, Boarman, Kross (Architect), approached the podium and explained that the documents are nearly complete, the drawings are in the review process, and bids are due March 27, 1997 with a 4 week bid period. He said that this is an ideal time to bid. Zorn/Link offered Resolution No. 4619, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Fire Station, and moved its adoption. Motion carried unanimously. Zorn/Link moved to waive the non-mandatory building permit fees for the fire station project. Motion carried unanimously. Mr. Voxland approached the podium and explained that the EDA has requested a short term loan from the City for Blocks 3 & 4. He said the project is short funded until longer term financing is arranged and this is necessary to keep the acquisition and clearing of the site moving forward. He said the EDA has requested $500,000 and if approved, the loan should be charged interest at the current rate of 5.8%. He recommended approval of the loan subject to the 5.8% interest rate to be paid no later than December 31, 1998, or when long term financing is arranged. Mr. Voxland suggested an alternate loan of up to$900,000 in the event financing is delayed, to avoid the need to return to Council for additional funding in 3-6 months. A discussion ensued relating to credits and investments, and whether to approve $500,000 or $900,000. Zorn/Sweeney moved to approve the loan to the EDA for the Blocks 3 & 4 project in the amount of$500,000 from the General Fund, subject to interest of 5.8% per year, to be repaid no later than December 31, 1998 or when long term financing for the project is arranged, whichever occurs first, and an additional $400,000 if needed. Motion carried unanimously. Mark McQuillan, Park and Recreation Director, approached the podium and explained that staff was previously directed to obtain quotes to remodel the former Family Net office at the Shakopee Community Center. He said that a Request for Price Quote was sent to eight local contractors and three responses were received ranging from $2,452.00 to $7,300.00. Official Proceedings of the February 18, 1997 Shakopee City Council Page -3- Zorn/Link moved to authorize the appropriate City officials to utilize the services of Rick Sames Construction Company to facilitate the remodeling of the office space at the Shakopee Community Center and allocate up to $2,452.00 from the Community Center's Project Fund and waive the building permit fees accordingly. Motion carried unanimously. Mr. McQuillan approached the podium and explained that the Council had requested a financial report of the Shakopee Community Center for 1996. He said the entire parks and recreation program are under an enterprise fund which includes all "on" and "off" campus programs and activities. As of July 1, 1996, new program numbers were added to separate expenses for "on" and "off' campus activities. He said it would be extremely time consuming to separate every transaction since this system went into effect. However, he said a better financial picture of the community center will be available for the 1997 Year End Financial Report due to transactions being coded to the appropriate account. Ron Stellmaker, Facility Manager, approached the podium and said that separating expenses has helped him to develop new programs and to subsidize other areas of the building that aren't generating enough income. He also said the tax subsidy for the pool was only $4,600.00, the lowest in 9 years. He said that usage of the Community Center has met or exceeded his expectations and the building is experiencing growing pains and that staff may have some recommendations for possible growth. He said the question is what direction the facility is headed. Whether it is to be run as a service to the public or run as an enterprise. He said if it is to be run as an enterprise, staff needs to be directed. An informational video, which will be run on cable, was shown illustrating the types of services offered, that the center is family oriented. A discussion ensued regarding video games and a request made to replace or repair the machines in the foyer area. It was noted that the machines help keep the children in order while waiting for their parents. A discussion ensued regarding cigarette butts on the grounds in front of the center. Mr. Stellmaker acknowledged the problem and said he will be discussing this issue with Bruce Loney. Don McNeil, 1101 Naumkeag, approached the podium and stated that the location of the community center and the cost of various programs and the hours should be noted on the video for viewers new to the area. A discussion ensued regarding smoking on the Community Center grounds and it was noted that while this is at the Council's discretion, this is a health facility geared toward youth and it would be appropriate if the grounds were smoke free. A suggestion was also made to have the parking lot patrolled to control the issue of youths smoking. Sweeney/Link moved to accept and file the Community Center 1996 Financial Report from Mr. McQuillan and Mr. Stellmaker. Motion carried unanimously. Official Proceedings of the February 18, 1997 Shakopee City Council Page -4- Item 11E.3) Pending Legislation for Video Slot Machines at Canterbury Park was taken out of the regular order of the agenda. Mayor Henderson explained that Senator Richard Day of Owatonna has introduced legislation which would authorize the use of up to 1500 video lottery terminals (slot machines) at Canterbury Park. He said the Council may wish to discuss the impact that such activity would have on the City of Shakopee, and whether the City should actively pursue an amendment which would provide some sort of return to the City, and possibly the County. He recommended sending a letter to the government and representatives stating that the City would like to address the impact this would have on the City and possible costs. Randy Sampson, Canterbury Park President, approached the podium and stated that the legislation has been introduced in the Senate. He recognized the importance for local government to discuss this issue early in the process. He also said that local support for this is essential and if the City and the County see reasons to oppose the legislation, this would not happen. He stated that this is not Canterbury's Bill, that Pat Roice wrote a column which Dick Day picked up on and started working on the legislature, looking at this as a way of funding the stadium. Mr. Sampson stated that some of the reasons the Legislature is considering the Canterbury location are that it is already a licensed, regulated gaming facility with very few problems. The facility is currently under utilized and this could be added without very little impact. This could be limited to one location. And finally, the horse industry is seen as an important industry by the Legislature and that it is recognized that additional resources are necessary to rebuild the industry. Mr. Sampson explained that additional funds are needed in order to make Canterbury successful. Mr. Sampson stated that the machines would be owned and operated by the Minnesota Lottery who would be renting the space for the machines. 28.4% of the profit from the machines would go to Canterbury. The remainder of the funds would go to the State of Minnesota with 10% going to the Lottery and 40% to the Environmental Trust Fund. Mr. Sampson explained that the primary interest remains horse racing and he will continue to find ways to make horse racing successful. He said this bill would provide revenues that would allow Canterbury to run a longer race season and to have higher purses that would attract a better quality of horsemen. He said Canterbury intends to isolate the machines to one floor or area, to maintain the main floor as it is, and to continue to hold craft shows. Mayor Henderson explained that this issue was brought before the Council for a consensus and to direct staff to perform a needs assessment and draft a letter to the government and state representatives regarding the impact to the City and County. There was a consensus to perform a needs assessment and to draft a letter to legislators regarding the impact to the City and County. Official Proceedings of the February 18, 1997 Shakopee City Council Page -5- Item 11E.5) Cleaning Contracts was taken out of the regular order on the agenda. Mr. McNeil requested a change in custodial contractors for City buildings and recommended giving Pride a 30 day notice of termination. Other cleaning companies were contacted and George's Cleaning service is the lowest of the responding quotes. Mr. McNeill said that while George's is approximately 13.2% higher than what is budgeted, the increase in service would be worth it. Sweeney/Link moved to authorize the appropriate City officials to execute a janitorial contract with George's Cleaning Services, for five City buildings, for a total monthly amount of $2,600.00. Motion carried unanimously. Sweeney/Zorn moved to authorize provision of the 30 day notice of termination to Pride of the Twin Cities, effective April 1, 1997. Motion carried unanimously. A recess was taken at 8:30 P.M. The meeting re-convened at 8:43 P.M. beginning with 10.A) Rezoning from B-1 to R-2 for property located north of Bluff Ave. and east of Naumkeag Street. Sweeney/Link moved to remove Ordinance No. 477 from the table. Motion carried unanimously. Mr. Leek explained that researching the issue relating to the Super America Station showed that fuel stations were a permitted use in the B1 zoning district in 1966. In 1985 fuel stations were a Conditional Use in the B1 zoning district. At that time Super America obtained a Conditional Use Permit (CUP) to reconstruct a fuel station. The CUP resolution does not address parking or idling of trucks on this site. The 1995 Comprehensive Plan designates the site for medium density development and therefore the requested rezoning is consistent with the plan. Mr. Leek provided a copy of Section 9.42 of the Shakopee City Code and explained that it prohibits leaving a motor vehicle unattended while the engine is running or with the key in the ignition. He stated that any trucks left idling are creating a nuisance and this is in violation of the current city code. A discussion ensued relating to unattended vehicles and the noise ordinance. Buyer beware was suggested in connection with residential construction. Zorn/Link offered Ordinance No. 477, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map adopted in City Code Sec. 11.03 by Rezoning Land Located North of Bluff Avenue and Fast of Naumkeag Street from Highway Business (B1) to Medium Density Residential (R2) Zone, and moved its adoption. Motion carried unanimously. Official Proceedings of the February 18, 1997 Shakopee City Council Page -6- Mr. Leek reported the Planning Commission has reviewed the draft ordinance (on the reimbursement of certain appeal fees) which involves an amendment of the Zoning Ordinance and a public hearing was held. He said the Planning Commission recommended denial of the proposed amendment based on the perception that there is a benefit to the applicant as well as actual costs involved in reviewing appeals. Bill Mars, 741 Scott St., Planning Commission Member, approached the podium and stated his opposition to a refund. He said there must be some type of cost associated with the application and the appeals process. Sweeney/Zorn offered Ordinance No. 475, An Ordinance of the City of Shakopee, Minnesota, Amending Section 11.90 of the City Code by Adding A New Subdivision to Allow Reimbursement of Fees In Those Situations Where An Applicant Successfully Appeals A Decision Pursuant To Section 11.90, and moved its adoption. Motion failed unanimously. Bruce Loney recommended beginning eminent domain proceedings to acquire the necessary easements by this summer (needed for the Maras Street Project). Seven easements from five different parcels have been identified for acquisition. Full appraisals have been ordered for all parcels and easements not yet acquired. Negotiations will continue, but in case unsuccessful there is a need to start condemnation if the project is to be built this summer. Eugene Hanson approached the podium and explained that when the property was originally acquired from the former owner it was believed to be wetlands. However, it was later determined that the land was not wetland. He said the concern is for an over extended cul-de-sac which needs to be corrected by using his property. After undergoing land improvement Mr. Hanson said a road was no longer needed. He said he was not in favor of the road but at the same time was not opposed to it. Zorn/Sweeney offered Resolution No. 4614, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain for Maras Street, Project No. 1996-4 and moved its adoption. Motion carried unanimously. Mr. Leek explained that staff has been moving ahead on a draft ordinance to deal with the regulation of telecommunications facilities. The earliest the draft Ordinance can be brought to the Council would be March 4th, 3 days after the expiration of the moratorium. Therefore, the Planning Commission has recommended extending the moratorium to April 1, 1997 to allow sufficient time for revisions. Official Proceedings of the February 18, 1997 Shakopee City Council Page -7- Sweeney/Zorn offered Ordinance No. 478, An Ordinance of the City of Shakopee, Minnesota, Extending The Moratorium Established By Ordinance No. 468 On The Development Of Personal Wireless Communications Facilities To April 1, 1997, and moved its adoption. Motion carried unanimously. Mr. Leek recommended the appointment of Julie Klima to the position of Planner II at Step 2 of the Pay Plan with a starting salary of$37,293.00. He also requested authorization to advertise the Planner I vacancy which will be created. Zorn/Link moved to appoint Julie Klima to the position of Planner II effective February 19, 1997, at Step 2 of the Play Plan. Motion carried unanimously. Zorn/Sweeney moved to authorize staff to fill the Planner I vacancy which would be created by Julie Klima's appointment. Motion carried unanimously. Link/Zorn offered Resolution No. 4620, A Resolution Amending Resolution No. 4354 Adopting The 1996 Budget, and moved its adoption. (Motion carried under Consent Agenda) Mr. Loney noted changes to the job descriptions for the street lead person and park lead person positions. Sweeney/Link moved to approve the job descriptions for the street lead person and park lead person positions (City Clerk Document#250). Motion carried unanimously. Sweeney/Zorn moved to authorize City staff to fill the street lead person and park lead person positions from internal candidates in the Public Works Department. Motion carried unanimously. Sweeney/Zorn moved to authorize the appropriate City officials to execute an amendment to the Public works Bargaining Unit Contract, establishing a pay scale for the street lead person and park lead person positions, subject to agreement of the Public Works Bargaining Unit. Motion carried unanimously. Link/Zorn moved to authorize the payment of $21,823.62 to S.M. Hengtes & Sons, Inc. and payment released, upon the execution of semi-final payment vouchers, submittal of IC-134 forms and appropriate satisfaction sent to George C. Hoff of Hoff, Barry, & Kuderer. (Motion carried under Consent Agenda). Mr. McNeill explained that St. Mark's Church and School have requested stop signs to be placed at the intersections of Third and Scott, and Fourth and Scott for the safety of children. Sweeney/Link moved to direct the Engineering division to analyze the placement of four way stops on Scott Street, at its intersections with Third and Fourth Avenues. Motion carried unanimously. Official Proceedings of the February 18, 1997 Shakopee City Council Page -8- Mr. McNeill explained that while Shakopee was not a member of the MPRS system at the time of a court ruling which resulted in a series of punitive and corrective actions, Shakopee must comply with the judge's rulings. He recommended a resolution requesting that the.League of Minnesota Cities Insurance Trust represent the 36 defendant cities by appealing the case. He also recommended a resolution which sets up a joint system to comply with the judge's orders in terms of corrective actions regarding recruitment and record keeping. A discussion ensued regarding the benefit of a joint system and the requirements of the court order. Sweeney/Zorn offered Resolution No. 4616, A Resolution Authorizing And Approving Participation In Cooperative Activities Of The Minnesota Police Recruitment System, and moved its adoption. Motion carried 3-1, Cncl. Zorn opposed. Link/Zorn offered Resolution No. 4617, A Resolution Requesting Representation From League Of Minnesota Cities Insurance Trust For Appeal, and moved its adoption. Motion carried unanimously. Mr. McNeill asked whether the Council wished to join with other Minnesota cities in contesting proposed legislation that would remove the personal property tax on machinery for electric generating stations from the local tax capacity. He said Shakopee does have an electric peaking station owned by Northern States Power. If the bill is successful it will result in a 6% decrease in the City's tax capacity. This tax base would also be lost to the School District and County. The expenses for lobbying efforts have not yet been determined but those jurisdictions wishing to participate would share costs. Zorn/Sweeney offered Resolution No. 4618, A Resolution Regarding The Formation Of A Coalition Of Cities To Deal With Tax Reform For Investor Owned Utilities Regarding Tax On Personal Property, and moved its adoption; and, appointing Cncl. Sweeney as the contact person to work with other cities in opposition of the personal property tax reform. Motion carried unanimously. Link/Zorn moved to direct staff to write a letter to Mr. Hoyt indicating the City's approval of an amendment to the Protective Covenants for Valley Park 6th Addition to allow construction by Hoyt Development Company on 38% of the land area. (Motion carried under Consent Agenda). Ms. Cox reported that nominations to Boards and Commissions were made at the last meeting and interviews were held. Two additional applications were received after the nominations and the applicants need to be nominated. Also, the interview committee recommends appointing both candidates who applied for the Board of Review and having only one City Council member on the committee (as opposed to two). She explained that the results of the Councilmembers' balloting prior to the meeting resulted in no need for an additional ballot. There was a majority of Councilmembers voting for the successful candidates. Official Proceedings of the February 18, 1997 Shakopee City Council Page -9- Mayor Henderson announced the successful candidates for each opening on boards and commissions. Planning Commission: Dave Nummer: Cncl.Sweeney Sean Laughlin: none Lee Stolzman: Cncl.Link, Zorn, and Mayor Henderson Park&Recreation Advisory Board: John Collins: Cncl.Link, Sweeney, Zorn and Mayor Henderson Kathy Prochaska: Cncl.Link, Sweeney, Zorn and Mayor Henderson David Thompson: none Shakopee Public Utilities: John Engler: none David Thompson: Cncl.Link, Sweeney, Zorn and Mayor Henderson Kathy Prochaska: none Police Civil Service Commission: Stan Von Bokern: Cncl.Link, Sweeney, Zorn and Mayor Henderson David Thompson: none Kimberly Weckman: Cncl.Sweeney Board of Review: Brian Call: Cncl.Link, Sweeney, Zorn and Mayor Henderson Eldon Reinke: Cncl.Link, Sweeney, Zorn and Mayor Henderson Zorn/Sweeney nominated Kathy Prochaska to the Park and Recreation Advisory Board; Lee Stoltzman to the Planning Commission and Board of Adjustment and Appeals; and Bob Ziegler to the Community Access Corporation Board of Directors. Motion carried unanimously. Zorn/Link offered Resolution No. 4615, A Resolution Appointing Individuals To Various Boards and Commissions, and moved its adoption. Motion carried unanimously. Zorn/Sweeney nominated Cletus Link to serve on the Board of Review. Motion carried unanimously. Link/Zorn moved to approve the transfer of$218,885 from the General Fund to the Blocks 3 & 4 Capital Projects fund in December 1996, and the transfer from the General Fund to: 1991A Improvement Debt Service Fund - $41,018, 1993B Improvement Debt Service Fund - $21,410, 1995A Improvement Debt Service Fund - $65,943, 1996A Improvement Debt Service Fund - $65,000. (Motion carried under Consent Agenda). Official Proceedings of the February 18, 1997 Shakopee City Council Page -10- Zorn/Sweeney moved to adjourn to Tuesday, February 25 at 7:00 P.M.. Motion carried unanimously. The meeting adjourned at 9:48 P.M. uoLiL GC/C ith S. Cox City Clerk Esther TenEyck Recording Secretary CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: March 13 , 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 03/12/97 . 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-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $291, 829 . 15 . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Kevin Gulden $30 . 33 Action Requested Move to approve the bills in the amount of $665, 575 . 53 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 03/13/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 1,328 10,164 11 12 CITY ADMINISTRATOR 249,980 5,331 25,123 10 13 CITY CLERK 166,720 7,166 28,215 17 15 FINANCE 322,780 11,589 47,843 15 16 LEGAL COUNSEL 217,320 4,756 11,206 5 17 COMMUNITY DEVELOPMENT 451,290 11,751 46,895 10 18 GENERAL GOVERNMENT BUILDINGS 146,940 3,126 18,270 12 31 POLICE 1,703,140 59,027 297,493 17 32 FIRE 448,990 5,479 41,909 9 33 INSPECTION-BLDG-PLMBG-HTG 245,070 8,031 38,070 16 41 ENGINEERING 425,780 13,023 57,412 13 42 STREET MAINTENANCE 781,860 14,783 116,158 15 44 SHOP 126,540 5,329 19,137 15 46 PARK MAINTENANCE 350,420 4,701 27,674 8 91 UNALLOCATED 622,630 120 68,513 11 TOTAL GENERAL FUND 6,348,870 155,542 854,083 13 17 COMMUNITY DEVELOPMENT 496,770 9,316 23,416 5 TOTAL TRANSIT 496,770 9,316 23,416 5 ri a1 tTi a1 a a 4 O a a a a a a as a a a a a a a a a a a H H H H H H H H H H H H H H H H H H H E a W 0W aE O z 0 Z N N al NN LA U CT 01 0 H m 0 d' In [� M m CO rn . ri 0 N m O 0 m m m Mo O m m �, a, 0 d' .1' > N M M M M CO CO M 1 0 m Z 1O U1 Ln In N Ln N N Ln N U1 Ln N N Ln m in d' in H NN 00 0 00 ni 00 U U 0 N 00 00 N N 0 H 0 U1 0 M 0 0 m m 0 N 0 H 0 N H 0 LO 00 h• 111 O LO M N H 00 CO 0 0 0 0 0 E N W d' N N N co m N 0 N co N N H m H C M I Z a H H 1.0 H H H M N H H ri ri H (N M 111 m N w A w N N H N N eI I N N N N N i i cr. 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CO- C.0- L?t? CO- CO- CO- 41 3 x v r r Ln � to U W CO- M a' U W H co W N N N N N N N N N N N N N N N N N N H H H H H H H H H H H H H H H H H H H H C7 4 \ \\\\\\\\\ \ \ \\\\\\ W 0 m M M M M M M M M M m m M M M M M M c4 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 �1.4 \ \\\\\\\\\ \ \ \\\\\\ 3G U N rSNSSNNNN N N NNNNNN 0 W O1 O1 O1 01 O1 01 T O1 01 O1 O1 O1 01 01 rn 01 01 01 Ix) x O1 O1 O1 O1 01 01 01 O1 O1 O1 O1 O1 O1 01 01 01 01 01 U U H H H H H H H H H H H H H H H H H H 0 • a Z N N al 0 H • Ux V A w A ONO 0 Z U V'4. V' Ac * cr 0 .4111 In V LU V LU V Ln V N V 0U U r, cn m a U7 01 V' 0 r- 0 0 0 H 0 [- as H 111 M 0 M H 00 ONO O U1 M O U1 M N N M N . . . . . . . . . . . . . . . . H U1 O 14) 0 O O N t0 N V) aD N 01 H 111 H 01 H N a) V. M 0 H O e. M H CO as V ✓ N N ( N r-I U N H H O 0 O +m N U1 C1, M 01 O N (I V• H w a) N a) U1 U) a) LT N ri t? L? N U1 M t. L} L} LO H VI- [? L} N VI- H in- LO M to (/)- t/} N H N 01 01 H 0 N Z H A D 7+ C4 A H Z X Z Z H Cr, E. Cr) Cl) Cr) a w rrl 3 x O Cr)O W n Z 0 a > a w O c A W >+ w a H 0 H Z E. Z Z r4 Ca,Kt a E- H a Z u1 U M E. a E1 4 x rC H 4 H al U) U] rC Cr) 64 Z z x Cs) E. U x E U) CL] x 0 A Cr) Z o H M er H U Cx7 H A x Cfl x Ul Z 4 4 01 Cl, 01 01 > 0 x Z Cr, U E. U x Cil A 014 01 01 H a H W W Z U] U C7 E C1.1 H U H H U co Cr, U) r24 x H CU Cr) x H er U1 M H LO N 00 01 H 0 0 0 0 0 U 0 H H H N M M M M cr. H V Ul 0 eM O H H M V V V V. eM V C` c- N N as a H 4t = Yt Xk it = k = 3t 3t 3t = 3t 4Lk 7t U Z 000000000000000 A Z Z Z ZZ Z Z Z Z Z Z Z Z Z Z 0 A A A C7 AMA C7 A A A A A A A U Cx, Cx. Cr. cx. Cr, Cr, Cx. 44 Cx. Cx. Cx. Cx, Cx, Cx. Cx. .. A. G8liha kopee AREA CHAMBER OF COMMERCE & CONVENTION & VISITORS BUREAU March 11, 1997 Judy Cox City Clerk 129 S.Holmes St. Shakopee, MN 55379 Dear Judy, Pursuant with our agreement with the city of Shakopee,the Shakopee Area Convention&Visitors Bureau is requesting to be put on the next city council agenda. We will be presenting our 1997 budget. Enclosed is a copy of our budget to be dispersed to council members. If you should require any other information please contact me at 445-1660. Thank you, Judy! Kind Regards, C', Lauri Glenn Acting Director Shakopee Area Convention&Visitors Bureau Enclosure 1801 E. COUNTY RD. 101 • SHAKOPEE, MN 55379 • 1-800-574-2150 • (612) 445-1660 • FAX (612) 445-1669 1997 PROJECTED CVB BUDGET Account# Account Name Income Expense Income 4020 Hotel/Motel $153,000.00 4010 Grants $4,400.00 4060 Interest Income $250.00 4011 Partnership $50,000.00 Expenses 6010 Liability Insurance $900.00 6045 Training $1,560.00 6050 Accounting $500.00 6051 Office Supplies $2,411.00 6052 Dues& Memberships $1,455.00 6053 Travel Expense $2,850.00 6054 Postage $11,004.00 6055 Telephone $2,400.00 6062 Copier/Office Equipment $1,093.00 6075 Newspaper/Subsriptions $108.00 6080 Public Relations $325.00 6090 Misc. Expense $200.00 Office Maintenance $250.00 6210 Rent $6,950.00 *** 6220 Utilities $1,232.00 6230 Building Repair&Maintenance $550.00 6280 Alarm System $120.00 6310 Tour Day $250.00 6311 Industry FAM $75.00 6616 Employee Benefits $2,776.00 6620 Gross Wages $49,077.00 * 6624 Gross Wages- Seasonal $6,000.00 ** 6625 FICA $3,486.00 * 6630 FUTA $3,486.00 * 6635 Medicare $815.00 * 6640 SUI $95.00 * 6600 Payroll Expenses- Other $2,033.00 6709 Print Production $2,000.00 6710 Print Advertising $31,082.00 6712 Visitors Guide $40,000.00 6713 F &W Guide $7,000.00 6720 Other Printing $947.00 6725 FAM $1,000.00 6730 Video Project $4,500.00 1997 PROJECTED CVB BUDGET 6747 Tradeshows $1,750.00 6748 NTA $975.00 6753 Travel Graphics $1,425.00 Group Tour $5,000.00 $207,650.00 $197,680.00 *Represents 4% employee pay raise **Represents$6.25/hr. for temporary summer employees ***Represents payment to Chamber for other than Building Repair& Maintenance and Insurance (see lease agreement) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat for White Pines Addition DATE: March 18, 1997 INTRODUCTION Dean Walden has submitted an application for approval of the Preliminary Plat for White Pines Addition. The proposed subdivision is located south of County Road 16 and west of Roundhouse Street. The proposed plat is 6.93 acres in size. DISCUSSION A copy of the March 6, 1997, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval to the City Council subject to conditions. The Preliminary Plat proposes a development consisting of 2 lots. Please see the proposed Preliminary Plat drawing and site plan that have been attached to the Planning Commission staff memo. At this time, the applicant is requesting approval of the Preliminary Plat. The site plan is subject to change. Further discussion on this is provided within the Planning Commission staff memo. ALTERNATIVES 1. Approve the Preliminary Plat for White Pines Addition, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for White Pines Addition. 3. Deny the Preliminary Plat for White Pines Addition. 4. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the Preliminary Plat for White Pines Addition, subject to conditions (Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4630, A Resolution Approvin the Preliminary Plat for White Pines Addition, and move its adoption. i/► Julie Klima Planner II is\commdev\cc\1997\cc0318\ppwhpn.doc RESOLUTION NO. 4630 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR WHITE PINES ADDITION WHEREAS, Dean Walden, applicant is the owner of said property; and WHEREAS, the property upon which the request is being made is legally described as: Outlot A, Eagle Creek Junction 3rd Addition, City of Shakopee, County of Scott, State of Minnesota. WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for White Pines Addition on March 6, 1997, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for White Pines Addition, described as: Outlot A, Eagle Creek Junction 3rd Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: A. With the Final Plat application, the applicant must provide the following information: 1. The $75.00 Wetland Application fee. B. At the time of application for building permits, the applicant will be required to include turnarounds for all driveways longer than 150 feet, as required by the City Engineer. C. At the time of application for building permits, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way that is required by the City Code. D. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a 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. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$2595.00 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. 5. Approval from the Board of Adjustment and Appeals for the use of shared driveways. 6. The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) Access shall not be provided onto CSAH 16 except at the designated location. b) Drainage calculations for the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system should be provided to the County for review. c) As shown, a temporary rock construction entrance will be required at the street connection with CSAH 16 to control dirt and debris from entering onto the roadway. The developer shall be responsible for sweeping and cleanup of CSAH 16, as required by the County. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. 0 The approach of the future connection at CSAH 16 is not adequate. A minimum landing length of 100 feet with a maximum of 2%grade is needed from the outside driving land of eastbound CSAH 16. 7. Stormwater trunk fees will be paid by the developer. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1997. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of White Pines Addition DATE: March 6, 1997 Site Information: Applicant: Dean Walden Location: South of County Road 16 and west of Roundhouse Street(See Exhibit A) Current Zoning: Multiple Family Residential(R3) Adjacent Zoning: North: Highway Business (B1) South: Multiple Family Residential (R3) East: Medium Density Residential (R2) West: Multiple Family Residential (R3) Comp.Plan: 1995: High Density Residential Area: 6.93 Acres MUSA: The site is within the MUSA boundary. Introduction: Dean Walden is requesting Preliminary Plat approval for a development consisting of 2 lots. The proposed use for the lots is to construct senior rental apartments. The proposed development is located south of County Road 16 and west of Roundhouse Street. Exhibit B illustrates the proposed Preliminary Plat. Considerations: 1. The applicant has provided, for reference purposes only, a site plan showing the proposed use of the subject site. The site plan has been attached as Exhibit C. The Planning Commission should note that this site plan is for reference only and is subject to change. At this time, the applicant is only requesting approval of the preliminary plat (Exhibit B). If the applicant does develop the property consistent with the site plan, a Conditional Use Permit (CUP) would be 1 necessary to construct multiple buildings on one lot. This CUP would require a public hearing before the Board of Adjustment and Appeals(BOAA)and approval from that body. 2. The preliminary plat proposes the use of a shared driveway to access the lots from County Road 16. The shared driveway requires approval from the BOAA. A condition requiring this approval prior to the recording of the final plat has been included with the staff recommendation. 3. The subject site is located within the Multiple Family Residential (R3) zoning district. This zoning district allows a minimum density of 7 dwelling units per acre and a maximum of 18 dwelling units per acre, excluding public streets. The site plan proposes a density of 10.39 units per acre. However, the site plan is subject to change, therefore density will be reviewed at the time of building permit application for compliance with City Code requirements. 4. The development proposes an internal, private driveway system for access purposes. Please see Exhibit D (comments from Joel Rutherford, Assistant City Engineer) for further information on this issue. The driveways will be reviewed for compliance at the time of building permit application. The Police and Fire Departments have commented on the proposed widths and access from the private driveways. The site plan proposes widths of 24 feet to 28 feet for the driveways. The Fire Code requires an unobstructed width of 20 feet for emergency access. 5. Parking and landscaping requirements, are based on the number of dwelling units and amount of floor area. Therefore, parking and landscaping requirements will be reviewed at the time of building permit application. 6. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. The park dedication requirements shall be $2,595.00 per lot. The park dedication fees will be deferred until the issuance of a building permit for each of the lots. 7. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit D). These recommendations have been incorporated into the conditions of approval. 8. The Building Official has commented that building construction and location, as well as sewer and water services are reviewed at the time of building permit application. 9. There are not any assessments on the subject site. 10. The Scott County Highway Department has provided the following comments: a) Access shall not be provided onto CSAR 16 except at the designated location. b) Drainage calculations for the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system should be provided to the County for review. c) As shown, a temporary rock construction entrance will be required at the street connection with CSAH 16 to control dirt and debris from entering onto the roadway. The developer shall be responsible for sweeping and cleanup of CSAH 16, as required by the County. d) No berming, landscaping, or ponding will be allowed within the County right-of- way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. f) The approach of the future connection at CSAH 16 is not adequate. A minimum landing length of 100 feet with a maximum of 2% grade is needed from the outside driving land of eastbound CSAH 16. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of White Pines Addition, subject to the following conditions: a) With the Final Plat application, the applicant must provide the following information: i) The $75.00 Wetland Application fee. b) At the time of application for building permits, the applicant will be required to include turnarounds for all driveways longer than 150 feet, as required by the City Engineer. c) At the time of application for building permits, the density for the development shall be reviewed to ensure that it complies with the minimum of seven and maximum of eighteen dwelling units per acre, excluding public right-of-way that is required by the City Code. d) 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 a 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. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$2595.00 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings. v) Approval from the Board of Adjustment and Appeals for the use of shared driveways. vi) The developer agrees to supply to the Engineering Department a letter agreeing to comply with the following County requirements: a) Access shall not be provided onto CSAH 16 except at the designated location. b) Drainage calculations for the existing and proposed conditions and a summary denoting the change of conditions for the portion entering the County system should be provided to the County for review. c) As shown, a temporary rock construction entrance will be required at the street connection with CSAH 16 to control dirt and debris from entering onto the roadway. The developer shall be responsible for sweeping and cleanup of CSAH 16, as required by the County. d) No berming, landscaping, or ponding will be allowed within the County right-of-way. e) Any grading or utility work required within the right-of-way will require a permit prior to the work commencing. f) The approach of the future connection at CSAH 16 is not adequate. A minimum landing length of 100 feet with a maximum of 2% grade is needed from the outside driving land of eastbound CSAH 16. vii) Stormwater trunk fees will be paid by the developer. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for White Pines Addition,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for White Pines 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 that the Planning Commission recommend approval of the Preliminary Plat of White Pines Addition, subject to conditions,to the City Council(Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of White Pines Addition, subject to conditions,to the City Council, and move its approval. ulie Klima Planner II i:\commdev\boaa-pc\199'7\marO6\ppwhtpns.doc ...•-•16;'..!••• .t. „. -, , ? ... • ' i -z•.-..i.••-:••'' ..,...i ; • ' • i . ',.."0 • • . ..; ._;••.;;i.i.-.:-...',..f.: •,-,i:::,.... • . • . ,.., '..'..:-4'40 AlZiF :/".,;,; :::1.1::: :•._ 2., ' r •. •• . •-.. . • • .. . oirk _ --- . . . ..i-..- , -. ..s.,,J.,..: -. _:„.-;____ _-,..:– . . _ . L, : :. . _...........iiiaimpL.,....... ......,..!,, • s• • . . • N.- : : . ................m..w.,,,,,,,o•gis ------_, . ,:. .- --:-:F . - , 1.--. ,- -i---001500' i ,,,,....i og 7 . ....• .......—__::-.,,,-„„Axi... ...-- i 0.111-41=._...• . .11. 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Ds: Ct 'i. „..* `4,7_44 —41 • III . :11::.11 kin.N. ... - ..I.- •0 lhopAgi, B 1 . ., _ • EXHIBIT D City of Shakopee Memorandum TO: Julie Klima,Planner II FROM: Joel Rutherford,Assistant City Engineers SUBJECT: Preliminary Plat-White Pines Addition DATE: February 27, 1997 After reviewing the referenced application,I have the following comments: Streets The applicant's proposed plat consists of subdividing the parcel into two lots, with a shared driveway off of County Road 16 to serve these two lots. There are no proposed public streets within the plat. The proposed use of the property is for rental units. Because there are no "internal"lots within the development,the internal driveway system will be reviewed during the time that a building permit has been applied for. Staff is recommending that turnarounds be required for any deadend driveway longer than 150'. There are some driveways shown on the site plan that are greater than 150'. During the building permit application,the applicant will be required to modify the layout to include turnarounds, if driveways are proposed that are greater than 150'. Sidewalks/Trails A concrete sidewalk exists along the southerly edge of the County Road 16 right-of-way, as shown on the applicant's site plan drawing. No additional public sidewalks or trails are proposed. Sanitary Sewer/Water There is an existing 8"sanitary sewer line which extends into the property along County Road 16. It is expected that this line would be private,as it extends into the development, and until it separates into services for the two lots. An easement would be required for the sanitary sewer system that would be considered as public. The Shakopee Public Utility Commission will have an opportunity to comment on the proposed water system. Upon their review,they may require additional public water within the development,which may require additional easement areas. Grading Plan/Erosion Control/Storm Sewer The applicant has submitted Hydrology Calculations for the proposed development, which includes ponding. The final grading plan and design of the storm sewer will be reviewed during the review of the final construction plans. The final design of the ponds must show slopes 4:1 or flatter,and the ponds must not have exposed rock. If the pond excavations are in rock, a minimum 12"of topsoil must be placed over the rock to "seal"the pond, and for vegetation growth. Easements are shown on the plans, providing access from County Road 16 to the ponds, along with easements around the ponds. These easements are necessary for future maintenance of the ponds. The remaining storm sewer proposed for the development will be considered as private, and easements will not be required. A wetland delineation has been completed for this area by William R. Engelhardt Associates, Inc. Their findings indicate that no wetlands exist within the platted area. However, the applicant is required to submit a$75.00 application fee for the Wetland Exemption. Miscellaneous Because of the close proximity to County Road 16, buffering may be required along the north side of the plat to hold sound levels below 70 dBa. The applicant will be required to submit information from a sound engineer to insure compliance with the City ordinance and state law. The County has provided comments regarding the proposed plat. The applicant will be required to submit the information requested by the County, for their review and comments, including storm sewer calculations and permit application(if required). Recommendation Recommend approval of the preliminary plat, subject to the following conditions: a) At the time of application for building permits,the applicant will be required to include turnarounds for all driveways longer than 150', as required by the City Engineer. b) Prior to recording of the Final Plat, the following actions must be completed: 1. Execution of the Developers Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer; 3. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings; and 4. Approval from the Board of Adjustment and Appeals for the use of shared driveways. • i l k I aI : • I ' 1 f:topi47,,,i , < 5 F IHI n 1 ( 1. YI . cr "0 S Nin6 ] n 7 . moi=�t M > _ .$ bIJa Z g ca 1.0 Wil a 0:1 I 1yrR giW iq" ,.i Q o 2 eeo • t VI .Z (nO — CV 1-p / . i- Y I o//SQo o z 0 8 / of w / c / 0 o / 1- , to la / V 0 / °eee" ( 1 o cr a. ui E. it, / t. . '. 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I.:1; 4‘ip • V- tircr <:C ,-- .11 . .. 1 : il z o o �;z tit i o 1 , iql,r,--1, � I i wo m ,-J wo;i skt . �' a z ' 1 v aligit) €) . lip e. 0 0 .e, _ , 11 1 '.,/I Li,La, ,-- D 1.;„ .4.,TY--. , „ A 1110; .111 , ., 1 F..!.. l'1 7 "7 - ar.406,,Li.to Alba ..' ti ,,,, VI I.1 nallialla49 ©Me C szi am • I rPli 42 ® 1 R i 111 s R ' 1 1 t x . 1.1 is _�i ;;C�, l i Z • I I I 0, I i 1 �i 929-04 59 w 14 I W 1"C CO ---•r----- I 1 • 1 < ao � D ; I ii e i • ;i I I 1 a z 4 i ~ " IIII i <� j \ Vi ow 13 ' � \ In•s'- 0 3 w W J V) g O• b O II 1- El z lao Un- CCe� R V = • 3 r •1. ,:1 •�.. i '''tit, • .• j V. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat for Stone Meadow DATE: March 18, 1997 INTRODUCTION Residential Development, Inc. has submitted an application for approval of the Preliminary Plat for Stone Meadow. The proposed subdivision is located west of Tahpah Park and north of the Shakopee Bypass. DISCUSSION A copy of the March 6, 1997, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval to the City Council subject to conditions. The proposed plat is 39.244 acres in size. The Planned Unit Development (PUD) for this property was approved by the City Council on February 4, 1997. ALTERNATIVES 1. Approve the Preliminary Plat for Stone Meadow, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Stone Meadow. 3. Deny the Preliminary Plat for Stone Meadow. 4. Table the decision for further information from the applicant and/or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the Preliminary Plat for Stone Meadow, subject to conditions (Alternative No. 1). ACTION REQUESTED Offer Resolution No. 4631, A Resolution Approving the Preliminary Plat for Stone Meadow, and move its adoption. ab -t40.4_, Julie Klima Planner II i:\commdev\c61997\cc0318\ppstmdw.doc RESOLUTION NO. 4631 A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR STONE MEADOW WHEREAS, Betty O'Shaughnessy is the owner of said property and Residential Development, Inc. is the applicant; and WHEREAS, the property upon which the request is being made is legally described as attached on Exhibit A; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Stone Meadow on March 6, 1997, and has recommended its approval. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Stone Meadow, described as attached on Exhibit A, is hereby approved subject to the following conditions: A. With the Final Plat application, the applicant must provide the following information: 1. A response from MnDOT regarding the preliminary plat information sent to their agency for review. 2. Information required to show compliance with City and State requirements regarding sound levels for the proposed residential development, adjacent to the highway. 3. The landscape plan shall be revised to meet the requirements of the City Code. B. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a 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. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. All existing easement areas must be shown on the plat drawings. 6. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. 7. Approval from the Board of Adjustment and Appeals for the use of shared driveways. 8. VIP connection fees must be paid prior to recording the final plat. 9. The Common Interest Community (CIC) declarations shall be filed with the Final Plat. 10. The developer shall receive approval of the water plan by the fire department. 11. Stormwater trunk fees will be paid by the developer. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1997. Mayor of the City of Shakopee Attest: City Clerk Prepared By: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 EXHIBIT A The South Half(1/2) of the Southwest Quarter(1/4), Section 11, Township 115, Range 23, except the portion thereof platted as Davies Addition and Davies 2nd Addition, and except that part of the South Half(1/2) of the Southwest Quarter(1/4) of Section 11, Township 115 North, Range 23 West, shown as Parcel 43 A on Minnesota Department of Transportation Right-Of-Way Plat Numbered 70-16 as the same is on file and of record in the Office of the County Recorder in and for Scott County, Minnesota; AND The Southwest Quarter(1/4) of the Southeast Quarter(1/4) of Section 11, Township 115 North, Range 23 West, Scott County, Minnesota, Except that part shown as Parcel 49 on Minnesota Department of Transportation Right of Way Plat No. 70-15 as on file and of record in the Office of the County Recorder in and for said County. 3. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of Stone Meadow DATE: March 6, 1997 Site Information: Applicant: Residential Development, Inc. Location: West of Tahpah Park and north of the Shakopee Bypass(See Exhibit A) Current Zoning: PUD Overlay Zone# 11 Adjacent Zoning: North: Urban Residential/Multiple Family Residential (R-1B/R3) South: Shakopee Bypass East: Tahpah Park West: Shakopee Bypass Comp. Plan: 1995: Medium Density Residential Area: 39.244 Acres MUSA: The site is within the MUSA boundary. Introduction: Residential Development, Inc. is requesting Preliminary Plat approval for a development consisting of 203 multi-family dwelling units. The multi-family structures house a range of three to eight units each. The proposed development is located west of Tahpah Park, north of the Shakopee Bypass, and south of 13th Avenue. The Planned Unit Development for this site was approved by the City Council on February 4, 1997. The Preliminary Plat is in conformance with the approved Planned Unit Development. Exhibit B illustrates the proposed Preliminary Plat. Considerations: 1. This development is being proposed as a Common Interest Community (CIC) plat. The CIC plat is reflected in the fact that the inhabitants of the development would own only the property identified as their lot. The remainder of the property will be held in common interest. 1 2. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Using the values that have been provided to staff, the amount of the park dedication fee calculates out to a total of $110,000.00 to be spread evenly between 203 lots ($541.87 per lot). The park dedication fees will be deferred until the issuance of a building permit for each of the lots. 3. The Engineering Department has reviewed this application and has provided the attached comments. (These comments are attached as Exhibit C). These recommendations have been incorporated into the conditions of approval. 4. The Preliminary Plat shall be required to meet all conditions approved by the City Council for the Planned Unit Development for this site. 5. The Building Official has commented that building construction and location, as well as sewer and water services are reviewed at the time of building permit application. He has also commented that utility easements between buildings for the southerly blocks are currently under review. 6. The fire department has commented that the preliminary plat is subject to review and changes in its water plan. A condition recommending that this issue be resolved prior to recording of the Final Plat has been included in the staff recommendation. 7. Scott County Environmental Health Department has commented that the property to the northwest of the subject site is currently being monitored by the Minnesota Pollution Control Agency (MPCA) for ground water contamination. However, the monitoring does not impact the subject site. 8. The subject site has levied assessments for the VIP Enterceptor and has outstanding VIP connection fees. The VIP connection fees must be paid prior to the recording of the final plat. 9. The landscape plan must be revised to meet the requirements of the City Code. The number of landscaping units proposed meets the requirement. However, the proposed size of the units does not meet the minimum requirement. A condition requiring this compliance has been included. Alternatives: 1. Recommend to the City Council the approval of the request for approval of the Preliminary Plat of Stone Meadow, subject to the following conditions: a) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: i) A storm water management plan must be submitted, as required by the CityEngineer. g b) With the Final Plat application, the applicant must provide the following information: i) A response from MnDOT regarding the preliminary plat information sent to their agency for review. ii) Information required to show compliance with City and State requirements regarding sound levels for the proposed residential development, adjacent to the highway. iii) The landscape plan shall be revised to meet the requirements of the City Code. c) 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 a 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. e) The applicant shall enter into an agreement regarding Park Dedication payments. Payment of$541.87 per residential lot shall be required. These payments shall be deferred to the issuance of a building permit for the lot. f) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities. iv) The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. v) All existing easement areas must be shown on the plat drawings. vi) All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commissions, shall be added to the drawings. vii) Approval from the Board of Adjustment and Appeals for the use of shared driveways. viii) VIP connection fees must be paid prior to recording the final plat. ix) The Common Interest Community (CIC) declarations shall be filed with the Final Plat. x) The developer shall receive approval of the water plan by the fire department. xi) Stormwater trunk fees will be paid by the developer. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Stone Meadow Addition,to the City Council, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Stone Meadow. 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 that the Planning Commission recommend approval of the Preliminary Plat of Stone Meadow, subject to conditions, to the City Council (Alternative No. 1). Action Requested: Offer a motion to recommend approval of the Preliminary Plat of Stone Meadow, subject to conditions,to the City Council, and move its approval. la" lieima Planner II i:\commdelAboaa-pc\1997\mar06\ppstmdw.doc Alk. .1,6 y e " Pr' N : a. • NI- ii 7is..,,.....: _ EXHIBIT A • ®® ��+fs • f • .1 . .213.11_ • 115": MCI ors 1-11 . . i l s Namrami • mils ss mow NNW �q �_ • • • _ susses omERa.� _ 0; • •_ atom•? ism.amt Isom s� t . , ; �o MOS sat ss atom mom u� J' MUM ss. S! ss Lox mai ss C1s sts v :cl.._■!_ =Ea • a s . . ■ - .:g3 Emir' I= .. ` . . �� =CIEs=a 1 M 1.111.1 I ,-.rII. "1"'� MEImii: —mil a MEW t...21_ / MAX i a . - a0 ii man l• _ mi ata■ NEW s= sal^ �� .I am mai .---- . um - * iso os • es �� s. �9 4D * MUM t , oa n� � - • s - II -- imb. 'Itif•ipkire*AP:4111- .rovnigir ,1, :r . . A I. ""`"..4"// 'Z' m� , 1.g: 00 �ss1I'.:`, �•ulli �q • 4- .. - 1 SUBJECT SITE > :R 1.. B - __�- �+ '� • AGr-,cer'v'nc %gyres crc._:t;.re 0000 .. • .. i, / ' • _ :-.'� -7�;rC; Resirei:cl _ • _..w Dens::y Res:`e .Ic: • Ur:c' Res cen..ci • - C▪ Ic Snc cpee Res:de:otic. =L �1ec ,;m Cens'.t Res�e.....c' k.1;rit: ie F T.ily Pes:den:.c •v .g" Cy ....s esS __, -727: Cff ce Busir�ess •ate 77. Cen rcl C'vsHess 1 ' ;cht Ind::s.,:ci 7-27 =ecvy Incustrc• i '.1c Recrect'c- , C ..r i c , Z o r e s -C..<.C^ „_c:.c:^, :.5:. EXHIBIT C City of Shakopee Memorandum TO: Julie Klima, Planner II FROM: Joel Rutherford, Assistant City Engineer(Aw SUBJECT: Preliminary Plat- Stone Meadow Development/ DATE: February 25, 1997 After reviewing the referenced application,I have the following comments: Streets The streets within the proposed development consist of Vierling Drive, Polk Street, along with an internal private street system. The Vierling Drive right-of-way and proposed street width are consistent with other portions of Vierling Drive that have already been constructed. The existing Polk Street stub, south of 13th Avenue, consists of a 36' wide street within an 80' right-of-way. North of 13th Avenue, Polk Street is a 36' wide street within an 80' right-of-way. It is my understanding that Polk Street was once designated as a collector, and that is why the 80' right-of-way was platted. However, after this area was platted, Polk Street was designated as a local road, not a collector. The applicant is currently showing a 36' (back to back of curb) street,also in a 80' right-of-way, for that portion of Polk Street in the proposed development. Because Polk Street is no longer considered a collector,changing the right-of-way to 60' should be considered. The City has not yet adopted specific design standards relating to private streets. However, the general criteria used consists of the following: Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two lots. If over 150' long then a turnaround is required (see attached copy of Eagan's design detail for these turnarounds). Minimum width 28' with parking on one side; or 32' with parking on both sides. Must be less than 500' long. Minimum building setback from back of curb is 20'. Will not be turned over to the City in the future. Private Street. Defined as an access for lots with more than one access. Minimum width 28' with parking on one side; or 32' with parking on both sides. Minimum setback from back of curb is 20'. Minimum 7 ton design. Will not be turned over to the City in the future. Private Street Jogs. Private street jogs (intersections less than 150') are not allowed. The drawings submitted with the application appears to meet these standards, with one exception. The driveway between blocks 21 and 22 appears to exceed the 150' length between the turnaround and the end of the driveway,by about 10'. Shared driveways are shown on the drawings,which must be approved by the Board of Adjustment and Appeals. Sidewalks/Trails The City Council has authorized staff to install Vierling Drive as a public improvement project. As part of the design of this street, the sidewalk and/or trail locations will be determined. Other than the sidewalk/trail installed as part of the Vierling Drive plans, no other sidewalks or trails are planned for this development. Easements The plat is required to show easements for the 100-year ponding areas. An access easement will be required over the proposed private driveways/streets for city personnel to provide future maintenance to the ponds. The sanitary sewer and storm sewer systems which lie outside of the public right-of-way will be private systems, and therefore no easements will be required for those utilities. The Shakopee Public Utility Commission may require easements for the public water system that lies outside of the public right-of-way. As part of the construction of Vierling Drive, along the eastern edge of the property, an easement was purchased by the City from the property owner. This easement is not shown. During the PUD phase of this development, there were concerns regarding the location of private streets in the MnDOT drainage ditch easement( located along the southeasterly edge of the development. There were concerns on whether MnDOT would allow this private construction in their easement. The developer has revised the layout to eliminate the need for private street construction in this easement. However, a permit will be required for any utility work or grading done within this easement area, as well as any work proposed in the MnDOT highway right-of- way. Sanitary Sewer It was anticipated that a lift station would be required for this development. The developer's engineer has submitted a proposal which may eliminate the need for a lift station. Staff is working with the developer's engineer to analyze this proposal. Grading Plan/Erosion Control/Storm Sewer Staff has reviewed the information submitted with the application, and have met with the developer's engineer regarding the storm sewer necessary to serve this site. Staff has requested additional information needed to complete the analysis for this development. A wetland delineation has been completed for this area by Aquatic EcoSolutions, Inc. Their findings indicate that no wetlands exist within the platted area. Miscellaneous Lots abutting the Highway 169 may need buffering to hold sound levels below 70 dBa. The applicant will be required to submit information from a sound engineer to insure compliance with the City ordinance and state law. The"Coversheet/Preliminary Plat"drawing shows only one PID number. It is my understanding that the property being platted consists of PID#'s 27-911-016 and 27-911-017. The developer has been notified to submit the preliminary plat drawings to MnDOT for their comments. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: a) The private streets and private driveways within the development which serve more than two lots shall be at least 28' wide (face to face of curb) and parking will only be allowed on one side of the street. Turnarounds will be required for driveways longer than 150', as required by the City Engineer. b) Prior to review by the City Council of the Preliminary Plat, the following actions must be completed: 1. A storm water management plan must be submitted, as required by the City Engineer. c) With the Final Plat application, the applicant must provide a response from MnDOT regarding the preliminary plat information sent to them for review; d) With the Final Plat application, the applicant must provide the information required to show compliance with City and State requirements regarding sound levels for the proposed residential development, adjacent to the highway; and e) Prior to recording of the Final Plat, the following actions must be completed: 1. Execution of the Developers Agreement; 2. The Final Construction Plans and Specifications must be approved by the City Engineer; 3. All existing easement areas must be shown on the plat drawings; 4. All proposed easements, as required by the subdivision ordinance, and as required by the Shakopee Public Utility Commission, shall be added to the drawings; and 5. Approval from the Board of Adjustment and Appeals for the use of shared driveways. PRIVATE STREET TURNAROUNDS EAGAN FIRE DEPT. POLICY 60 • 1 ACCEPTABLE ALT. TO 120' HA),�r1ERHEAD zo •T '5O, 72' DIA. CUL-OE-SAC Z T A 25'R1>\ / r• TYP. 5'R. TYP. - 72' ' 25'R. TYP. ...a. 20-•---- 70' R. T TYP. f -+- -4-VARIES 4*VARIES -0- *VARIES -0- -•-VARIES 120' ACCEPTABLE ALT. TO HAMMERHEAD 120' HAMMERHEAD 72' DIA. CUL-DE-SAC WITH CENTER ISLAND 20' F-F NOTE: WIDTH OF PRIVATE STREETS R. ' VARY FROM 20' TO 28' 2525' WIDE F-F. VARIES 1` city of eagan REVISED standard PRIVATE STREETplate 4: : WOR s TURNAROUNDS 3 - 94 590 s --Lb(I- DEPARTMENT A> A° Ao \ \__ . .-.-........... ,.-.... ............................ ....—._..— .. C.1,3v I V ir 1 1 e !__.. I r� !1 'E .`-- �' j. Ei vssaossi/lel .i. , _-C2-. 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O m N O \ -:y, Vin, \.. • _ .. o \ I l AZ a blin • p O O m II , 1 1 1 II II II 1 1 II 11 1 II II 1I 11 1 1 8 1 11 ',\ ,,, r tri 3 Ivo -0 IO m N Z ur v \e\ \\' . ...9 I J T11 O NW NNOI 1 "CA 4•' _ pNNW O \r \\ _ ' -i O .." .'1m A +ONN-.u.r•11'4(4.V.11"°0 U 4.Ng •�1 •O CC �`- r V1/ , al ?p U,OC ro.,UU J• m C°.°j Ay U-•all"r -1 ➢ m y \C\ ' ...I ID s.+•.`J p� • ��1jZluu)OD -N4 raAaljO°Y-Du \ ap I u 1, II 1 11 B B II I U II II II I E R B II I A w\`1 'I �1 . 4. `- 0 00 i� f*1 1. �tXl Naln �OW ♦N!01�i O• a u1,u0 r4 w a OuiT. U-4a mNU•-U&1101uA u„ fn.nom.. GBH D:\PRUJEC1S\ROI\Sr Ar•CCEE\SH.1I•CPEE --J - sIm nn. STONE MEADOW 1REPA�RY. CER1IfCAfON: I h•r•by c•rtlly that this plan Woo BIEN9oN1 pr•pwsd by me or und.r, my direct RE)1ARKS BABE BY PRELIM. SITE PLAN IIEDL[/ND Eup.rN•Im and tool I am o tluly REV14!MIS PER (I1Y vze S ry1, R•gbbwtl P,o4glon°I Enyh••r under s..B1 al,wrm 'Iv u.Y 11.Il:'°M1 ra.1 '� & ,A� the LBM]of the State of Minnesota. s p � 4 RESIDENTIAL DEVELOPMENT INC. 11- PLANNING ENGINEERING SURVF.YINC 7 p 15 CI!OCIAW CIRCLE 9201 EAST BLOOMIIICION FREEWAY E 3 CIIANIIASSEN, MN 55317 BLOOMmcroN, MINNESOTA 55420 -_, 612 934-6238 P11081. (617)880-0789 Randall C.Hedlund Minn.No. 19576 e • i .Q . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment for Planned Unit Development Overlay Districts DATE: March 13, 1997 ITEM NO. 12.C. INTRODUCTION: Council directed staff to prepare an ordinance amendment which result in a Planned Unit Development(PUD)requiring only a simple majority vote for approval. Ordinance No. 480 was drafted so that in the future PUDs would be considered"overlay districts" as opposed to zoning classifications, thus requiring only a simple majority vote. The draft ordinance also integrates the two sections of the Zoning Ordinance which currently address PUDs. A copy of the Planning Commission report is attached for Council's information. Staff is continuing to examine the substance of the PUD provisions. For the Council's information, a memo from Julie Klima, Planner II, to the Planning Commission is attached. The memo outlines issues which will be addressed in the future. This memo is for information only at this time. Specific action is not requested on these issues. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on and reviewed the draft ordinance at its meeting of March 6th, and recommended approval unanimously. ALTERNATIVES: 1. Approve Ordinance No. 480 as presented. 2. Approve Ordinance No. 480 with revisions. 3. Do not approve Ordinance No. 480. 4. Table the amendment for additional information. R. Michael Leek Community Development Director PUD.DOC/RML 1 ORDINANCE NO. 480, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY MAKING PLANNED UNIT DEVELOPMENTS AN OVERLAY DISTRICT INSTEAD OF A ZONING AMENDMENT, AND BY RELOCATING PROVISIONS RELATED TO THE REVIEW OF PLANNED UNIT DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.50 (Planned Unit Development Overlay District [PUD]) is hereby amended by adding new Subd. 6 and Subd. 7. The proposed amendment to City Code Section Section 11.50 (Planned Unit Development Overlay District [PUD]), would read as follows; Subd. 6. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Subd. 7. Planned Unit Development Overlay District Application Process. A. An application for a Planned Unit Development Overlay District may be made by the owner of the property, and shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the PUD.DOC/RML 3 property as such appear on the records of the Scott County Recorder; 3. evidence of ownership or an interest in the property; 4. the fee. When the request is for the addition or deletion of an overlay district, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a concept plan and a development plan; and 7. such other information as may be required by the City. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission, only, shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: 1. a cover letter describing the project, any anticipated variances needed, and how the project complies with the City's comprehensive plan; 2. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 3. ownership of the property and identity of developer; PUD.DOC/RML 4 4. a general description of how adverse impacts on other property will be mitigated; and 5. any other information that will be helpful in reviewing the proposal; C. Development Plan Review. The development plan shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; (b) the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; (c) the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two (2) foot intervals; (b) soil types and their locations; (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: PUD.DOC/RML 5 (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right- of-way and pavement widths, names, and layout; (d) information on structures, including location and dimensions of both existing and proposed structures; (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (f) proposed and existing sidewalks and trails, including location and dimensions; (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (5) open space areas and amenities designed to obtain open space credits, including location, dimensions, acreage, and detailed information about any amenities; (6) an information table showing density per acre, open space area requirements, and estimated open space credits; (7) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; PUD.DOC/RML 6 (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements; and (d) in the rural service area, the location of all proposed or existing wells, a minimum of two septic sites per lot, soil percolation tests, and soil boring tests; (8) a stormwater management plan showing the following: (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (9) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (10) a phasing plan showing the timeframe for construction of all improvements; (11) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, PUD.DOC/RML 7 and the typical design and dimension of private yards; (12) a traffic analysis prepared by a professional engineer; and (13) such other information as the City Council may require. D. City Council Action. 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the city council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this ordinance. The ZoningAdministrator shall maintain a record of all approved plans, PP amendments, and development agreements. 2. To the extent necessary to protect the City's interest, for each planned unit development, the City Attorney shall prepare a development agreement with the developer. The agreement shall specify the terms and conditions of approval and shall be in recordable form. No planned unit development involving a development agreement shall be considered approved until the development agreement has been executed by the City and the developer. E. Amendment. However, the Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: 1. changes in building location or size which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or PUD.DOC/RML 8 3. changes in dwelling units which do not result in the number of housing units changing by more than 10%. Section 2 - That City Code Chapter 11, Zoning, Section 11.83 (Zoning Ordinance Amendments), Subd. 8 (Special Provisions for Planned Unit Developments) is hereby deleted and subsequent subdivisions renumbered. Section 3 - Section 4 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. PUD.DOC/RML 9 CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: Michael Leek, Community Development Director SUBJECT: PUD Text Amendment DATE: February 26, 1997 ITEM NO.: 10 Introduction: The City Council directed that staff prepare an amendment to the Zoning Ordinance that would abrogate the need for a 4-1 vote to approve Planned Unit Developments. The attached draft ordinance clarifies that PUDs are overlay zones and do not constitute an amendment to the Zoning Map or Ordinance. It also transfers the review process for PUDs into the PUD section of the Ordinance. Alternatives: 1. Recommend approval of the amendment as presented. 2. Recommend approval of the amendment with revisions. 3. Table the amendment for additional information. Staff Recommendation: Alternative 1. Action Requested: Offer and pass a motion approving the proposed ordinance amendment. PUD.DOC/RML 2 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Planned Unit Development (PUD) Ordinance Revisions DATE: March 6, 1997 INTRODUCTION In the near future, staff will be preparing a draft text amendment revising the current Planned Unit Development (PUD) section of the Zoning Ordinance. Please find attached for your reference, a copy of the current PUD section of the Ordinance. DISCUSSION Staff has identified several issues that it will be researching/reviewing with the upcoming revision. These issues include purpose, open space, credit to the open space requirement, submittal requirements, density allowed, density increase/transfer, building coverage maximums, minimum size requirements for PUD's, permitted uses within the PUD zone, PUD's allowed in MUSA vs. non-MUSA areas, and annual review of the PUD. The general philosophy behind the Planned Unit Development (PUD) approach is that a PUD should be designed to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features and ensure a high quality of design. Other goals of the PUD approach include the preservation of open space, planning of large parcels of land, compatibility with adjacent development patterns, and encouraging the creativity of both site planning and architectural design. Municipalities typically use the PUD process to encourage the development of property in a fashion that provides somewhat of a variety to the normal development that may occur within a community. Planned Unit Developments provide a mechanism for allowing innovative site planning and architectural design, common open space, as well as any combination of the aforementioned goals. Staff has had the opportunity to review the PUD ordinances of several other communities. These ordinances provide several examples of elements that are not currently incorporated into Shakopee's ordinance but may be of interest to the Planning Commission. • ANNUAL REVIEW. Most of the ordinances reviewed provided for an annual review of all PUD's that have not been fully developed. If, as a result of the annual review, staff found that substantial developed has not occurred within a reasonable time that PUD.DOC/RML 10 the City Council may authorize the Planning Commission to initiate the process to remove the PUD zoning and restore the original zoning designation to the property. An advantage to this approach is that the developer must develop the project in a timely fashion rather than allowing the property to remain idle, while community values and/or development patterns may change. Points of caution to this requirement are that"substantial development" and"reasonable time" are vague statements that may spur some disagreement. Some communities define substantial development as a percentage of the development or as a certain number or units. Communities may also attach a time frame to the requirement rather than leaving an open ended statement such as reasonable time. If this element is pursued, staff would recommend that vague terms such as these be clearly defined in the ordinance. • MINIMUM SIZE. Some ordinances require a minimum size to the PUD. The minimum size required may range anywhere from one (1) acre to ten (10) acres. The advantage to this requirement, depending upon the minimum size selected, is that it may encourage the development of large parcels of land. The disadvantage is that the minimum PUD size may eliminate properties that may be suited for the PUD approach, if the sites are smaller in size than the required minimum. Ordinances may also require that the initial phase of the PUD be a minimum size. Some ordinances require that a specific number of units be completed with the first phase of development, others require that a percentage of the total area be completed with the first phase. • COVERAGE. Other elements that may be included within the PUD requirements include a maximum building coverage area. The majority of the ordinances reviewed provide for this requirement and place a requirement of a maximum of 20% of the project area may be covered by buildings. Most ordinances also provide for a floor area ration (FAR) of 0.5 for residential developments and 1.0 for nonresidential developments. This requirement is arrived at by dividing the sum total of the gross area of all floors of the principal structures on a site by a gross area of the total site. • URBAN SERVICE AREA. Some communities also limit the placement of PUD's to property that is within the MUSA(Metropolitan Urban Service Area) boundary. An advantage to this is that if the density is increased or development clustered within the project, concern need not be given to area that may be needed for individual septic systems. However, a disadvantage may be that the unsewered areas may have natural features/environment that could be preserved through the PUD process. If this idea is of interest to the Planning Commission, an option may be to limit PUD's to the MUSA boundary unless specific criteria are met (which would have to be determined)that would allow a PUD within the unsewered areas of the community. The following are items that are currently addressed in the PUD ordinance. The following is information that was found while researching other communities and it is being passed along for your information. PUD.DOC/RML 11 • OPEN SPACE. The PUD ordinance currently requires 20% of the total project area be designated as open space. Credits of up to 75% against the open space requirement are allowed based on amenities proposed within the development. However, the credit system currently does not have any numerical values tied to it and is difficult to implement. Other ordinances had various approaches to open space. For instance, some allowed for a square footage open space requirement and other allowed for a percentage of project area as open space. The common square footage requirement was 1,000 square feet of open space for each single family(attached or detached) dwelling and 400 square feet of open space for each multiple family dwelling. The most common percentage requirement was 15% of total project area. None of the ordinances reviewed allowed for any credit to the open space requirement. • PERMITTED USES. The current PUD ordinance allows the uses in the development to be limited to those uses allowed in the underlying zone, unless modified in the development plan. In essence, this allows any use to be proposed in any zone. Other ordinances either restrict the allowed uses solely to those permitted in the underlying zoning district or limit the amount of the project area that can be used for uses more appropriately placed in other zoning districts. • DENSITY. At this time the PUD ordinance allows the density that is permitted in the underlying zone and a 25% increase over the permitted density if the site is within the Metropolitan Urban Service Area. Some of the ordinances allowed an increase if certain criteria were met and other ordinances allowed a density that strictly adhered to the underlying zoning district. This information is being provided to the Planning Commission for reference. As staff continues the work to revise the PUD ordinance, any comments or concerns from the Planning Commission are encouraged. ACTION REQUESTED This information is being provided to the Planning Commission for its review and reference only. No formal action is being requested at this time. Julie Klima Planner II i:\commdev\boas-p6 1997\mar06\pudppr.doc PUD.DOC/RML 12 Ocvt -i-Al- ORDINANCE NO. 480, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY MAKING PLANNED UNIT DEVELOPMENTS AN OVERLAY DISTRICT INSTEAD OF A ZONING AMENDMENT, AND BY RELOCATING PROVISIONS RELATED TO THE REVIEW OF PLANNED UNIT DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.50 (Planned Unit Development Overlay Zone [PUD]) is hereby amended in the following respects; 1. By amending the caption to read Planned Unit Development District; 2. By amending Subd. 1. (Purpose)by adding the following sentence at the end; "It is not the intent of this section to establishe a separate zoning classification." 3. By replacing the term"planned unit development zone" with the term"planned unit development district" in Subdivisions 2 - 5 of Section 11.50 4. by adding new Subd. 6 and Subd. 7. The proposed amendment to City Code Section Section 11.50 (Planned Unit Development Overlay District [PUD]), would read as follows; Subd. 6. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Subd. 7. Planned Unit Development Overlay District Application Process. A. An application for a Planned Unit Development Overlay District PUD.DOC/RML 3 may be made by the owner of the property, and shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder; 3. evidence of ownership or an interest in the property; 4. the fee. When the request is for the addition or deletion of an overlay district, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a concept plan and a development plan; and 7. such other information as may be required by the City. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission, only, shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: 1. a cover letter describing the project, any anticipated variances needed, and how the project complies with the City's comprehensive plan; PUD.DOC/RML 4 2. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 3. ownership of the property and identity of developer; 4. a general description of how adverse impacts on other property will be mitigated; and 5. any other information that will be helpful in reviewing the proposal; C. Development Plan Review. The development plan shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; (b) the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; (c) the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two (2) foot intervals; (b) soil types and their locations; PUD.DOC/RML 5 (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right- of-way and pavement widths, names, and layout; (d) information on structures, including location and dimensions of both existing and proposed structures; (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (0 proposed and existing sidewalks and trails, including location and dimensions; (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (5) open space areas and amenities designed to obtain open space credits, including location, dimensions, acreage, and detailed information about any amenities; PUD.DOC/RML 6 (6) an information table showing density per acre, open space area requirements, and estimated open space credits; (7) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements; and (d) in the rural service area, the location of all proposed or existing wells, a minimum of two septic sites per lot, soil percolation tests, and soil boring tests; (8) a stormwater management plan showing the following: (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (9) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and PUD.DOC/RML 7 (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (10) a phasing plan showing the timeframe for construction of all improvements; (11) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; (12) a traffic analysis prepared by a professional engineer; and (13) such other information as the City Council may require. D. City Council Action. 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the city council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this ordinance. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. 2. To the extent necessary to protect the City's interest, for each planned unit development, the City Attorney shall prepare a development agreement with the developer. The agreement shall specify the terms and conditions of approval and shall be in recordable form. No planned unit development involving a development agreement shall be considered approved until the development agreement has been executed by the City and the developer. E. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: PUD.DOC/RML 8 1. changes in building location or size which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or 3. changes in dwelling units which do not result in the number of housing units changing by more than 10%. Section 2 - That City Code Chapter 11, Zoning, Section 11.83 (Zoning Ordinance Amendments), Subd. 8 (Special Provisions for Planned Unit Developments) is hereby deleted and subsequent subdivisions renumbered. Section 3 - Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. PUD.DOC/RML 9 I 2 . 6. ORDINANCE NO. 480, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY MAKING PLANNED UNIT DEVELOPMENTS AN OVERLAY DISTRICT INSTEAD OF A ZONING AMENDMENT, AND BY RELOCATING PROVISIONS RELATED TO THE REVIEW OF PLANNED UNIT DEVELOPMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.50 (Planned Unit Development Overlay Zone [PUD]) is hereby amended in the following respects; 1. By amending the caption to read Planned Unit Development District; 2. By amending Subd. 1. (Purpose)by adding the following sentence at the end; "It is not the intent of this section to establishe a separate zoning classification." 3. By replacing the term"planned unit development zone" with the term"planned unit development district" in Subdivisions 2 - 5 of Section 11.50 4. by adding new Subd. 6 and Subd. 7. The proposed amendment to City Code Section Section 11.50 (Planned Unit Development Overlay District [PUD]), would read as follows; Subd. 6. Special Provisions for Planned Unit Developments. A. Criteria for Granting a Planned Unit Development Application. The City Council shall base its decision to grant or deny an application for a planned unit development upon the following factors: 1. whether the proposed development is consistent in all respects with the comprehensive plan and with this ordinance; 2. whether the proposed development, including deviations from design standards of the underlying zones, is compatible with surrounding land uses; and 3. whether the proposed development, including deviations from development standards of the underlying zone, provides adequate open space, circulation, parking, recreation, screening, and landscaping. Subd. 7. Planned Unit Development Overlay District Application Process. A. An application for a Planned Unit Development Overlay District PUD.DOC/RML 3 may be made by the owner of the property, and shall be submitted to the Zoning Administrator on forms provided by the City. The application shall be accompanied by the following: 1. a map or plat of the property and the land within 350 feet thereof; 2. a list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the Scott County Recorder; 3. evidence of ownership or an interest in the property; 4. the fee. When the request is for the addition or deletion of an overlay district, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000.00 for planning, engineering, administrative, and legal expenses incurred by the City for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the City to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the City will be refunded to the applicant; 5. if the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan; 6. a concept plan and a development plan; and 7. such other information as may be required by the City. 8. All plans and maps shall be prepared at the same scale unless otherwise approved by the Zoning Administrator. B. Concept Plan Review. A concept plan is designed to provide a general overview of the proposed development. The Planning Commission, only, shall review the concept plan to determine whether the proposal generally fits the desired development patterns of the City. A concept plan shall include the following: 1. a cover letter describing the project, any anticipated variances needed, and how the project complies with the City's comprehensive plan; PUD.DOC/RML 4 2. a sketch of the project area, including approximate site size, proposed land uses and their approximate location within the site; surrounding land uses; existing and proposed public right-of-way; and unique, problematic, or desirable features of the site, such as wetlands or forests; 3. ownership of the property and identity of developer; 4. a general description of how adverse impacts on other property will be mitigated; and 5. any other information that will be helpful in reviewing the proposal; C. Development Plan Review. The development plan shall include the following: (1) a survey of the site prepared by a registered surveyor, showing site size, property lines, and legal description; (2) a map showing existing improvements and land ownership on and within 200 feet of the site, including the following: (a) the location and width of all streets and easements; (b) the location and size of all existing utilities, including sewers, manholes, watermains, hydrants, and culverts; (c) the location and size of all structures; (d) existing zoning; and (e) school district boundary lines. (3) a map showing natural conditions on and within 200 feet of the site, including the following: (a) contour lines at two (2) foot intervals; (b) soil types and their locations; PUD.DOC/RML 5 (c) water features and drainage patterns; (d) vegetation, including a list of tree species; (4) a development plan showing the following information: (a) proposed uses of land, acreage for each use, recreation and open space areas, a tabulation of density or building square footage, impervious surface percentage, and project phasing and development timing; (b) information on proposed lots, including location, number, square footage, outer dimensions, and dimensions at setbacks; (c) proposed street information, including right- of-way and pavement widths, names, and layout; (d) information on structures, including location and dimensions of both existing and proposed structures; (e) proposed parking, driveway, and loading information, including location and dimensions of all driveways, off-street parking facilities, and loading facilities; (0 proposed and existing sidewalks and trails, including location and dimensions; (g) areas proposed to be dedicated to the public, including location, dimensions, and acreage; and (5) open space areas and amenities designed to obtain open space credits, including location, dimensions, acreage, and detailed information about any amenities; PUD.DOC/RML 6 (6) an information table showing density per acre, open space area requirements, and estimated open space credits; (7) a utility plan showing the following: (a) proposed location and size of sanitary sewer, watermains, storm sewers, and the gradient of each; (b) proposed point of discharge or connection to existing utilities; (c) location and dimensions of proposed and existing easements; and (d) in the rural service area, the location of all proposed or existing wells, a minimum of two septic sites per lot, soil percolation tests, and soil boring tests; (8) a stormwater management plan showing the following: (a) site grading at two foot contour intervals; (b) proposed stormwater management improvements and techniques; and (c) preliminary stormwater calculations; (9) a landscape plan prepared by or under the supervision of a landscape architect showing the following: (a) location, size, number, and spacing of all proposed plantings, including common and botanical names; (b) planting schedule by species name and size; (c) any berms, entry monuments, or other landscaping elements; and PUD.DOC/RML 7 (d) lighting and signage information, showing the type, height, and location of all exterior lighting and signs; (10) a phasing plan showing the timeframe for construction of all improvements; (11) preliminary architectural drawings illustrating schematic floor plans, building massing, elevations, structure heights, exterior construction materials, and the typical design and dimension of private yards; (12) a traffic analysis prepared by a professional engineer; and (13) such other information as the City Council may require. D. City Council Action. 1. An application for a planned unit development overlay district may be approved, approved with conditions, or disapproved by a majority vote of the city council. The City may impose such conditions as part of the approval of a development plan as it deems necessary in order to ensure consistency with the comprehensive plan and this ordinance. The Zoning Administrator shall maintain a record of all approved plans, amendments, and development agreements. 2. To the extent necessary to protect the City's interest, for each planned unit development, the City Attorney shall prepare a development agreement with the developer. The agreement shall specify the terms and conditions of approval and shall be in recordable form. No planned unit development involving a development agreement shall be considered approved until the development agreement has been executed by the City and the developer. E. Amendment. The Planning Commission may approve minor changes to an approved plan upon such hearing and notice, if any, as it deems appropriate. Minor changes are those changes listed below, when these changes do not significantly alter the original overall design, uses, or intent of the development: PUD.DOC/RML 8 1. changes in building location or size which do not affect more than 10% of the site and/or floor space, not to exceed 10,000 square feet; 2. changes in landscaping, streets, parking, driveways, or site improvements which do not affect more than 10% of the site area, not to exceed 10,000 square feet; or 3. changes in dwelling units which do not result in the number of housing units changing by more than 10%. Section 2 - That City Code Chapter 11, Zoning, Section 11.83 (Zoning Ordinance Amendments), Subd. 8 (Special Provisions for Planned Unit Developments) is hereby deleted and subsequent subdivisions renumbered. Section 3 - Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. PUD.DOC/RML 9 1.2 . 0 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark Mc Neil, City Administrator FROM: Jared D. Andrews, Planner I SUBJECT: Trail Plan Addendum to Comprehensive Plan MEETING DATE: March 18, 1997 ITEM NO.: 12.D ATTACHMENTS: Trail Plan Addendum Introduction: The attached Trail Plan Addendum incorporates the ideas and concerns raised at past City Council, Planning Commission, Park and Recreation Board, and City Staff meetings. It has been presented in the form of an addendum in that it primarily addresses trail development issues and policies beyond those addressed in the 1995 Comprehensive Plan without revising the entire Park and Recreation chapter. Considerations: Although no formal recommendation was made, the Draft Trail Plan Addendum was presented and generally approved by the Park and Recreation Board at its February 24, 1997, meeting. The Park and Recreation Board brought up problems with the current trail system which suggested the need for guideline standards. The Planning Commission has reviewed drafts of this addendum at there regular meetings on January 23rd, February 6th, and February 20th. On March 6, Planning Commission conducted a public hearing and approved the Trail Plan Addendum with revisions, which have been incorporated into the draft you have before you. This Trail Addendum includes an overview of existing trails, goals and objectives of the plan, a prioritization of the top three trail segments, and a trail implementation design standard section which should serve as an illustrative guideline for future trails. Alternatives: 1. Approve the Trail Addendum to the Comprehensive Plan as presented. 2. Approve the Trail Addendum to the Comprehensive Plan with revisions. 3. Deny the Trail Addendum to the Comprehensive Plan. 4. Table the matter for additional information or revisions. TRLADDSR.DOC//JA 1 Recommendation: Staff recommends alternative#1, approving the Trail Plan Addendum as presented. Action Requested: Make and pass a motion to adopt Resolution#4634 approving the proposed Trail Plan Addendum to the Comprehensive Plan. TRLADDSR.DOC//JA 2 RESOLUTION NO.4634 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING AN AMENDMENT TO RESOLUTION NUMBER 4551,ADDING A TRAIL PLAN ADDENDUM TO THE 1995 COMPREHENSIVE PLAN WHEREAS,the Cioty of Shakopee has adopted a Comprehensive Plan(the Plan)to provide for the orderly development of Shakopee; and WHEREAS,the Planning Commision of the City of Shakopee held a public hearing, which hearing was duly noticed, and at which all persons appearing were given the opportunity to be heard regarding the proposed Trail Plan Addendum to the Plan; and WHEREAS,the Trail Plan Addendum has been reviewed by the Park and Recreation Board, and the Planning Commission, which has recommended approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: 1. That the Trail Plan Addendum to the Comprehensive Plan is hereby adopted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 TRLADDSR.DOC//JA 3 City of Shakopee Trails Plan Addendum March 18, 1997 Introduction With the new development occurring in Shakopee and a increase in the demand for more trail connections, a need for an update to the trails plan exists. This Trail Plan Addendum is designed to address future trail needs beyond those addressed in the 1995 Comprehensive Plan. This addendum is intended to give City Council, Boards, Commissions, City Staff, and developers detailed, quantifiable standards and guidelines for achieving a unified trail system, which will serve both destination and leisure oriented users. Its purpose is to provide for a well balanced, cohesive network that offers opportunities for all citizens throughout the community. Existing Trail System Inventory The City of Shakopee currently has approximately 12.6 miles of trails all of which are bituminous. Most have been installed at a width of eight (8) feet with the exception of the Lions Park Trail, one of the oldest in Shakopee, which is installed at six (6) feet in width. The condition of the existing trails is good with most having been installed within the last five years. The Lions Park Trail has become weathered over the years, however, and repair will soon be necessary. The following chart shows mileage breakdown of existing trails. Classification Distance State Trails Minnesota Valley Trail 3.2 Regional Trails None 0.0 City Trails Upper Valley Trail 2.5 Lions Park Trail 0.5 Memorial Park Trail 0.3 JEJ Park Trail 0.2 O'Doud Trail 1.0 Eagle Creek Boulevard Trail 2.2 (Prairie Bend Drainage way) Trail 0.8 Sarazin Street Trail 0.7 Fuller Street Trail 0.6 Vierling Drive Trail 0.6 TOTAL 12.6 miles The Trail Plan Map on page 14 of this addendum illustrates the locations of the existing trails in Shakopee. Shakopee Trails Plan Addendum Trail Classifications Because of the different standards that apply to different types of trails, it is necessary to differentiate between them. The City currently has two different types of trails: recreation and transportation trails. Other types of trails such as nature trails, snowmobile trails, and equestrian trails do not exist in Shakopee at this time. These types of trails require different standards and future implementation would most likely be demand driven by the various interest groups. Transportation Trails Transportation trails provide as direct a link as possible between population areas and activity nodes such as: schools, parks, churches, places of work, and retail areas. These transportation pathways provide safe and functional pedestrian or bicycle access to activity nodes, instead of forcing these activities onto a busy street. The transportation trails generally occur adjacent to collector streets and minor arterials. Transportation trails are either eight (8) feet wide bituminous pathways that are designed for bicycle and jogging use, or five (5) feet wide concrete sidewalks which are exclusively designated for pedestrian use. Ten(10) feet wide bituminous trails should be installed for regional trail use. For purposes of designation, in all new developments eight (8) feet wide bituminous trails should be installed on the north and east sides, and five(5) feet wide concrete sidewalks should be installed on the south and west sides of all minor arterials and collector streets. Exceptions may apply if deemed unfeasible or inconsistent in terms of existing trails. No motorized vehicles other than wheel chairs are allowed on transportation trails and sidewalks. No bicycles are permitted on city sidewalks. Transportation trails are funded with the assistance of federal, state, and county grants whenever possible, and are required in conjunction with newly constructed minor arterials and collectors, or along existing streets during reconstruction. Recreation Trails A recreation trail is generally natural resource oriented. This means that the recreation trail system is implemented in places of interest such as natural areas, around lakes, drainage ways, easements or in areas which are especially suited to recreational use. A recreation trail is generally designed eight (8) feet in width or ten (10) feet in width where a mixed use and a high traffic level is expected. Recreation trails are generally found within community parks or linear parks, and are funded through the park reserve fund. 2 Shakopee Trails Plan Addendum Goals and Objectives The following is a list of goals and objectives which incorporates the ideas and concerns of City Council, Park and Recreation Board, Planning Commission, Shakopee citizens, and City Staff'. Primary Purpose: To create a safe and efficient trail network that provides for viable alternative modes of transportation and recreational activity and links vital community assets. Increase the recreational use of the City's trail system for residents. a. The City shall indicate which trails are intended for use by pedestrians, bicyclists, in-line skaters, equestrian users, snowmobilers or skiers. b. The City shall develop standards for trail design that consider appropriate accessibility for all potential users including the elderly and disabled. c. The trail plan map should identify and attempt to connect parks, recreation facilities, schools, neighborhoods, scenic areas and historical areas of the City. d. The City will promote the completion of the Scott-Hennepin Trail. e. The City will promote the continuation and extension of the Minnesota River Valley Trail. f. Where feasible, highways should have safe trail crossing locations spaced no more than two miles apart. g. The City shall coordinate with adjacent cities, counties and other government entities to create continuity with existing and planned trail systems. h. The City will promote the connection of local city trails with regional trail systems. i. The City will identify potential trail corridors and develop implementation policies for new development south of the Highway 169 Bypass. j. The City will work with other recreational interest groups in developing trails designed for a variety of recreational uses. k. The City will provide for trails which loop and connect, encouraging interesting recreational type routes. 3 Shakopee Trails Plan Addendum II. Promote alternative modes of transportation as a viable and attractive option for local travel. a. The City shall provide trails along new or reconstructed collector and arterial streets where the posted vehicle speed is 35 mph or below and it is technically feasible. b. The City shall provide off-street trails along all new or reconstructed collector and arterial streets where the posted vehicle speed is over 35 mph and it is technically feasible. c. New intersections, railroad crossing upgrades and traffic control systems shall consider trail crossing characteristics in their design. d. The City shall develop appropriate standards for the provision of bicycle parking in new commercial, industrial, and multi-family development, as well as"park and ride" lots, public parking lots, schools and recreation facilities. e. The City will promote trail connections between areas north and south of the bypass where feasible. III. Develop an implementation system that is equitable, involves both the public and private sector, and provides for an on-going mechanism to fund and construct the trail system. a. The City shall identify weak links and discontinuities to the existing trail network, and develop a plan for prioritizing and funding solutions. b. City staff shall review subdivision applications for consistency with the trail plan and require that new developments dedicate necessary right of way for trail facilities. c. City staff shall contact local, regional, state and federal government and private entities regarding sources of funding. d. The City shall prioritize funding according to necessity determined by the goals of this Comprehensive Plan. 4 Shakopee Trails Plan Addendum IV. Provide safe and comfortable conditions for the bicyclist. a. The City will encourage the improvement of operator awareness and competence by supporting education programs to promote bicycle use and bicycle safety. b. Bicycles shall be treated as legal on-street vehicles and rules and regulations enforced in order to reduce violations and accidents. c. Streets shall be improved to increase bicycle awareness by incorporating standard signage, pavement marking and traffic controls to ensure a reasonably high level of safety for the bicyclist and motorist. d. On-street parking shall be limited where the need for a clear bike lane exists. e. Streets shall not be designated for bicycle use until drain grates are installed that are designed for cyclist safety. f. The City shall continue to support efforts to reduce incidents of theft and continue efforts to recover stolen bicycles. g. Contractors and utility companies shall be required to maintain the road edge on bicycle routes in the best possible condition during construction and upon project completion improve the road shoulder to the pre- construction condition or better. h. Road edges on bicycle routes shall be swept on a regular basis so that they remain free of dangerous levels of debris. i. The City shall develop a program for the reporting and prompt resolution of bicycle hazards. 5 Shakopee Trails Plan Addendum Prioritization Keeping the goals in mind, three major gaps have been identified in the existing trail system. The incorporation of these trail connections are identified as high priority in that they serve to connect a multitude of facilities throughout the community. The implementation of these segments involves policy decisions such as on-street parking and land acquisition. Future trails other than the top three priorities have not been listed because either the demand for these connections is not as high, or implementation will be development driven. The Trail Plan Map on page 14 of this addendum illustrates the high priority trails as well as other proposed future trails. North/South Downtown Connection A trail connection between the downtown Shakopee core, the river front and Minnesota Valley Trail, schools, and community center has been a high priority in Shakopee for a number of years and is the number one priority recommended in this addendum. This connection would provide a key link from the existing trail system, which already connects a magnitude of uses throughout Shakopee, with the downtown and river front attractions. With the difficulty of on-street trail implementation and the lack of funds a connection has yet to be completed. The implementation of the Fuller Street trail provides for a start to this connection. This trail, installed at the time of the Fuller Street collector project, links the Vierling Drive Trail, the Upper Valley Trail, the new Community Center, with State Park and Shakopee High School as far north as Tenth Avenue. Since Fuller Street is designated as a collector street and is a state aid funded road, it is recommended as being the north/south connection though downtown. Implementation of this trail should be in conjunction with the improvements of the road. Houses and businesses closely front the streets in the Old Shakopee Residential and Central Business Zones, so on-street trail design will be necessary. On-street trail design does pose problems, however, in that it requires trail traffic to flow with vehicular traffic warranting one way trails on both sides of the street. This, in turn, requires there to be restrictions in terms of on- street parking. On-street trail design should be implemented in accordance with the Trail Implementation Design Standards section of this addendum. Drainage grate may need to be altered or replaced with bicycle friendly grates. Also, the intersection at County Road 69 (Old 169) should be designed and striped to accommodate trail and pedestrian crossings. 6 Shakopee Trails Plan Addendum West Downtown Connection The second priority connection exists on the western side of Shakopee. With trail along Vierling Drive soon to extend to County Road 69, a need to complete the loop exists. This trail would run north along County Road 69, northwest on old State Highway 300, and continue to Fuller Street along Sixth Avenue. Since Sixth Avenue is a collector street with average daily traffic counts under 5000, it is a logical connection back to downtown. On-street trails would need to be incorporated along Sixth Avenue, and the no parking along either side would need to be implemented. Approximately 8,000 feet of trail would be off street which would include the trail along Vierling Drive(Stone Meadow Project), County Road 69, and Old State Highway 300. At $10.00 per linear foot, it would cost $80,000 plus the cost for striping the streets along Sixth Avenue. Implementation of this portion of the trail system should be in conjunction with the Vierling Drive extension and the regular striping program of Sixth Avenue. East Downtown Connection The East Downtown connection is the third priority connection. With the installation of the Eagle Creek Trail from County Road 83 to Marschall Road, the trail system extends to almost the eastern edge of downtown Shakopee. In order to complete this loop, a trail is needed along Fourth Avenue from Sarazin Street to Fuller Street. This connection would complete the downtown loop concept, which ties together a system of interconnected facilities. This segment of Fourth Avenue would need to be striped and designated for no parking on both sides extending west to Fuller Street. 7 Shakopee Trails Plan Addendum Trail Implementation Design Standards General Guidelines 1. In all new developments, 8 foot asphalt trails should be installed on the north and east sides of all arterial and collector rights of way. Exceptions may apply if deemed unfeasible or inconsistent in terms of location of existing connecting trails. 10 foot wide asphalt trails are required for regional trails. 2. 5 foot portland cement sidewalks shall be installed on the south and west sides of all arterial and collector rights of way. Exceptions may apply if deemed unfeasible or inconsistent in terms of location of existing connecting sidewalks. 3. Sidewalks along arterial and collector streets are to be used for walking, and jogging only. 4. Trails along arterial and collector streets are designated for all other uses except for equestrian and motor vehicle uses other than motorized wheel chairs. Motor vehicle uses other than wheel chairs are prohibited unless otherwise specifically signed for such use. 5. Recreation trails shall be installed at 8 feet in width or 10 feet in width where a high level of both walking and riding traffic is expected. Motor vehicle uses other than wheel chairs are prohibited unless otherwise specifically signed for such use. 6. Portland cement may be substituted for asphalt in trail construction if deemed necessary. 7. At grade railroad crossing should occur at or near 90 degree angles and surface between rails should be surfaced with pavement or timber planks to accommodate crossing. 8. Off street trail design should be implemented unless restrictive conditions exist such as bridges or in sufficient right of way that make on-street trail design the best option. 9. Trails shall be installed in accordance with this plan when reconstruction and redevelopment occurs. 10. Transportation trails shall be funded with the assistance of federal, state, and county grants and incorporated with minor arterial and collector street projects whenever possible. 11. Recreational trails shall be funded with the assistance of federal, state, and county grants whenever possible and through the park reserve fund when necessary. 8 Shakopee Trails Plan Addendum Off Street Separation Design Off Street trails with separation distance between the trail and the roadway is preferred to on street trails when ever feasible. Separation distance depends on the speed limit of the roadway, whether the trail is next to an urban or rural style roadway, and the location of obstacles. Trails should be separated at least one-and-a-half(1.5) feet from any obstacles such as poles, walls or street curb faces. The charts below show desired separation distance for both urban and rural applications. Rural Urban Speed Limit Separation Speed Limit Separation 30 mph 10-15 feet. 30 mph 4 feet 45 mph 20 feet 45 mph 4 feet 55 mph 25 feet 55 mph 6-10 feet Grading The following chart shows slope design preferred for trails as well as slope design for restrictive areas. The maximum slope indicated should only be obtained if no other option is feasible. Preferred Restrictive Areas Running Slope Cross Slope Running Slope Cross Slope less than 5% equal to 2% less than 8.3% 2-2.5% Steep Adjacent Slopes The following illustration shows when safety rails should be installed along steep adjacent slopes. Safety rails should be installed when clearance between the steep slope is less than 5 feet and: a) when slope is 1:1 or steeper and drop is greater than one foot b) when slope is 1:2 or steeper and drop is greater than 4 feet c) when slope is 1:3 or steeper and drop is greater than 6 feet • Tram less than 5 feet ® o �'.i E `►%`_ . • 4 1:1 or steeoer m X 1:2 or steeper t:U or stainer 9 Shakopee Trails Plan Addendum Drainage A cross slope of two percent is recommended for proper drainage. When a path is constructed on the side of a hill, a drainage ditch may be necessary on the uphill side to intercept the hillside drainage and prevent washout. Culverts or bridges should be used where a path crosses a drainage channel. Proper sizing of culverts and ditches should be determined by the City Engineer. Stopping Sight Distance The following sight distances shall apply for stopping on down grades. This is developed for a design speed of around 20 miles per hour with a reaction time of 2.5 seconds. Grade Design Preferred Minimum 0% 120 feet 77 feet -5% 135 feet 78 feet -10% 150 feet 79 feet Trail Width for Sharp Curve Radii Trails should be widened when sharp curves are necessary, especially where sight distance is limited. Widening trail widths by two to four feet on the inside curve may be necessary in compensating for 50 foot to 0 foot radius curves. Preparation A sight analysis should be done prior to trail design. Areas which need special site corrections due to unstable or unsuitable soil conditions should be located and appropriate treatments provided. The following steps should be taken for preparing the trail foundation: 1. Remove all vegetation, topsoil, and other unsuitable soils. 2. Shape and Compact the sub-grade. If the path is on a railroad embankment, a one foot sub-cut is recommended. 3. Place geotextile fabric to separate the aggregate base from unstable soils if determined necessary by the City Engineer. 4. If necessary, stabilize granular sub-grades by incorporating stabilizing aggregate into the upper portion of the sub-grade. 10 Shakopee Trails Plan Addendum Surfacing Bituminous Surfacing Aggregate based bituminous surfacing is a good surface for trails. A four(4) inch aggregate base is recommended with a two (2) inch bituminous surface. Full depth bituminous may be considered where sub-grade soils are relatively granular. The aggregate base may be reduced to three (3) inches where granular sub-grade soils exist. The bituminous surface and aggregate base thickness should be increased where motor vehicles are expected to cross. The diagram below illustrates a bituminous surface section. 11/2 feet Aggregate 1 1/2 feet Aggregate for Turf Shoulder r l or Turf Shoulder i 4 a° o o ono o o • Bituminous o v o v o v o v o 0 0 0 :0:4°■ 2 inches O ' O • O • • • • • •_ • • • e •• • o • • o • • • • • °O • °e • °e • °e • ° °e • °o • e• Class 5Aggregate , • °° • °e • °° . °e ■ °° . °e . 4inches ///III\\\ I I I ///III \\\ Compacted Subgrade//III\\\III ///III \\\ Concrete Surfacing Portland cement is more durable than bituminous. It is also generally more expensive per square foot. In addition, control joints can reduce ride comfort and complicate connections to existing surfaces. When using concrete for trails, transverse joints should be saw cut for rider comfort. A four(4) inch aggregate base is recommended with a four(4) inch concrete surface. The diagram below illustrates a concrete surface section. 1 1/2 feet Aggregate 1 1/2 feet Aggregate 1 or Turf Shoulder I or Turf Shoulder ••. .•° 0000000000000000000 0000000000000000000 a•• ■•. •••• 4 •••• 0000a.Portland Cement with saw cuts every 8 feet ,;:,°,1) .; Shakopee Trails Plan Addendum On Street Design There are three different options for on street trails: designated bike lanes, shared lanes, and shoulders. There are advantages and disadvantages to each application. On street trails should be designed so as to minimize the number of stopping and turning intersections. Additional signing and painting may be necessary to improve safety at major intersections. Bike Lanes Two way trails should not be implemented for on road use. Trail travel should be in the same direction as adjacent motor vehicle traffic to comply with the Uniform Vehicle Code. This makes one way trails on each side of the road the sole option unless one way streets exist. Bicycle lanes are often preferred to shared lanes and shoulders because they can provide for less traffic conflicts especially in urban applications. The following diagrams show typical roadway sections with bike lanes. Recommended lane widths are indicated. 4 PARKING '�-'r — — 'r--' ill Q - 7- C _ LANE 12 ft. J4 ft•` ( > 1 ft. I, 12 ft. j J 4 ft. F 12 ft. 15-6 4 TYPICAL MIN. TYPICAL MIN. TYPICAL NO PARKING PARKING ALLOWED Shared Lanes Shared lanes are streets with no special provisions for bicyclists. Bicyclists are required to use vehicular lanes and follow the rules of the road. Although not preferred to designated lanes, when restrictive conditions exist, shared lanes can provide for attractive transportation for the average bicyclist. Shared lanes work best in urban areas with minimal street right of way, low traffic speeds, and low traffic count. Shared lanes are not typically signed for bicyclists unless a gap exists between facilities and signs are necessary in leading them to the next facility. Shared lanes should not be indicated if traffic counts are higher than 5000 motor vehicles per day or average speeds are above 20 miles per hour. Shared lanes may be indicated for streets with average motor vehicle speeds of up to 30 miles per hour if traffic counts are below 250 motor vehicles per day. Shoulders Shoulders 4 feet wide are the minimum width necessary to accommodate bicycle traffic. Although some bicyclists may benefit from narrower widths, such shoulders should not be designated for bicyclists. They should also not be designated when hazards such as rumble strips exist across the required four foot width. Roadways with average motor vehicle speeds over 30 miles per hour with average daily motor vehicle traffic greater than 1000 should have shoulders 6 feet wide for bicycle trail designation. 12 Shakopee Trails Plan Addendum Drainage Grates Existing roadway drainage is normally adequate for on road trails. However, if ponding problems exist, improved drainage grates or wider trail lanes may be necessary. Drainage grates may cause a safety hazard if road overlays cause abrupt edges or inlets are too wide. Recommended taper for road overlay to manhole cover or grate surface is 8 inches of run to 1/2 an inch of fall. Parallel grates should be replaced with standard grates designed for bicycles. For a temporary correction, 3/4 inch wide 1/4 inch deep steel straps can be welded on grates 6 inches on center to reduce the opening to prevent wheels from falling through. 13 14 Trail Plan Map i '/ 'r... L. %r b :, d `4W1 1k 'i� �i"_ \\` e � 'b1e� r � ,` s, I f —�.�. �. 1 I• \ ,..n r t 111 70 1 111 ..1 rn t {�!k{ y ' �r _ 1 77 r "8 {{ 1F�1 ir f c-\,_ i •_,!.....,-.E7,4.,_ '— r4 1 rf • 'irk '. �� �. ( �t fir Ar a ` . I : r g 0 � ,w '', L t P lr• - f , 4 rdP I s B �$ ,� ---T ..a4...,"* d( k 1. � */ �I l am,i),/-if blTg /J « d gb I !a �i, ' .07, . , ...,...._,.....,) , m' 25 i , )) . 4 J, �r A L___ \ -- r, SAVAGE ` BLOOMINGTON ---I § g r ;., .! C'Jc� W x 4� y x x 0 '� • c c N.1 O c c -a N > mm z s m m Z S7 y -0 -i ; {- -1 70XI ' 1-- _ z aa 0 0' z-ta n m 17 D co u I. Cgl -{ 1 N R7 t7 -i -Ni —i�,,-JI -1 Z O y -1 > A p ni F _n F x a a r > r F > F • coNgENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of Alleys located in Blocks 3 and 4, Old Shakopee Plat DATE: March 13, 1997 INTRODUCTION: On January 22, 1997, the Shakopee EDA passed a motion requesting that the City Council commence the process for considering the vacation of the Lewis Street right-of-way between Blocks 3 and 4. The intention of the motion was to vacate any right-of-way or easements necessary in order to prepare for clearing of and construction on Blocks 3 and 4. A vacation process has been started for the right-of-way of Lewis Street. The attached Resolution No. 4633 sets a public hearing date to consider the vacation of the alleys in Blocks 3 and 4. DISCUSSION: The attached resolution sets a public hearing for April 15, 1997. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 4633, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. /1:20 1e R. Michael Leek Community Development Director VACPH3&4.DOC/RML 1 RESOLUTION NO.4633 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF ALLEY RIGHT-OF-WAY IN BLOCKS 3 AND 4,OLD SHAKOPEE PLAT WHEREAS,it has been made to appear to the Shakopee City Council that the alley rights-of-way in Blocks 3 and 4, Old Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves 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 11th CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of April, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the alley rights-of-way in Blocks 3 and 4, Old Shakopee Plat, 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk • PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 VACPH3&4.DOC'RML 2 )3. 17. 6 • 14 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: March 1, 1997 Site Information: Applicant: City of Shakopee Economic Development Authority Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: At its meeting of March 4, 1997,the Council tabled the request to vacate Lewis Street between Blocks 3 and 4 Downtown, in order to obtain additional information regarding the following; 1. The width of the Lewis Street right-of-way; 2. The properties served by Minnegasco, and the amount of right-of-way required for their gas line; DISCUSSION: Right-of-Way Width: The width of the right-of-way for Lewis Street is 80 feet. Minnegasco Line: Attached to this memo as Exhibit A is a March 11th letter from Minnegasco in regards to the proposed vacation. Accompanying the letter is a map which shows the location of Minnegasco's line within Blocks 3 and 4 and Lewis Street. In connection with this request, Minnegasco is asking that a 39 foot wide easement be retained over Lewis Street as shown on the map. Alternatives: 1. Approve the vacation of the subject right-of-way subject to reservation of utility easements or relocation of utilities as follows; a) A 39 foot easement described as follows; That part of Lewis Street North which lies southerly of the Westerly extension of the Northerly line of he alley as dedicated in Block 3, Town of Shakopee, and which lies Northerly of a line lying 39.00 feet Southerly, measured at right angles, and parallel with last described line. 1. Deny the request to vacate the subject right-of-way. 2. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on February 20, 1997, and recommended vacation unanimously. ACTION REQUESTED: Offer and approve Resolution No. 4626 vacating the subject right-of-way R. Michael Leek Community Development Director RESOLUTION NO. 4626 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE LEWIS STREET RIGHT-OF-WAY BETWEEN 1ST AVENUE EAST AND COUNTY ROAD 69 WHEREAS,right-of-way has been dedicated adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 4th day of March, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF I'M CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: the right-of-way for Lewis Street located adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101. 3. That the right-of-way described above is hereby vacated subject to the reservation of the following drainage and utility easements; A 39 foot easement described as follows; That part of Lewis Street North which lies southerly of the Westerly extension of the Northerly line of he alley as dedicated in Block 3, Town of Shakopee, and which lies Northerly of a line lying 39.00 feet Southerly, measured at right angles, and parallel with last described line. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: February 25, 1997 Site Information: Applicant: City of Shakopee Economic Development Authority Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described right-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown into about 28,500 square feet of retail space and 52 market rate rental residences for persons 55 and older. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that there may be alleys which will also require vacation, and that a determination will need to be made as to what entity will pay for any required utilities relocation. • The Engineering Department has commented that there is an existing storm sewer pipe in the right-of-way, and that a drainage and utility easement should be retained for that pipe. • The Building Official has commented that Fire Department access roadways must be provided per the State Fire Code • The Shakopee Public Utilities Commission(SPUC)has commented that there is a public watermain in the right-of-way, and an easement should be maintained for it. • Mnnegasco has asked that an easement be retained for a gas main located in the easement, or, in the alternative, that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained on the north to provide access to its underground cable and conduit. ALTERNATIVES: 1. Approve the vacation of the subject right-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on February 20, 1997, and recommended vacation unanimously. ACTION REQUESTED: Offer and approve Resolution No. 4626 vacating the subject right-of-way c71;.1,d- R. Michael Leek Community Development Director RESOLUTION NO.4626 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING 1-HE LEWIS STREET RIGHT-OF-WAY BETWEEN 1ST AVENUE EAST AND COUNTY ROAD 69 WHEREAS,right-of-way has been dedicated adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101, City of Shakopee, County of Scott, State of Minnesota;and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 4th day of March, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, Cityof Shakopee, County of Scott, State of Minnesota, serves no further public need: the right-of-way for Lewis Street located adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101. 3. That the right-of-way described above is hereby vacated subject to the following conditions; a) that a drainage and utility easement be retained for the existing storm sewer pipe; b) that an easement be retained in favor of the Shakopee Public Utilities Commission (SPUC)for a public watermain located in the right-of-way; c) that an easement be retained in favor of Minnegasco for a gas main located in the right-of-way, or, in the alternative,that Minnegasco be reimbursed for the cost of relocating said gas main. d) that an easement be retained on the north in favor of U.S. West to provide access to its underground cable and conduit. 1. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 /a CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: February 13, 1997 Site Information: Applicant: County of Scott,Minnesota Current and Adjacent Zoning: B-3 (Central Business District); See attached zoning map INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described right-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown. The City Council will hold a public hearing on March 4, 1997, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that there may be alleys which will also require vacation, and that a determination will need to be made as to what entity will pay for any required utilities relocation. • The Engineering Department has commented that there is an existing storm sewer pipe in the right-of-way, and that a drainage and utility easement should be retained for that pipe. • The Building Official has commented that Fire Department access roadways must be provided per the State Fire Code • The Shakopee Public Utilities Commission(SPUC)has commented that there is a public watermain in the right-of-way, and an easement should be maintained for it. • 1vIinnegasco has asked that an easement be retained for a gas main located in the easement, or, in the alternative, that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained on the north to provide access to its underground cable and conduit. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject rights-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Recommend to the City Council denial of the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. ACTION REQUESTED: Offer and pass a motion regarding the Commission's recommendation to the City Council relative to the vacation of the subject right-of-way. R. Michael Leek Community Development Director i:\commdev\boaa-pc\1997\feb2Opc\vaclewis.doc Minnegasco® 13 . # A2 . A M11M111u ENERGY COMPANY March 11, 1997 Terrie Sandbeck Assistant Planner lm 129 South Holmes Shakopee, MN. 55379 MAR r199! RE: Proposed Street vacation of Lewis Street North Dear Ms. Sandbeck: With reference to the proposed street vacation mentioned above, Minnegasco does have an existing natural gas main in that portion of Lewis Street North proposed to be vacated as shown on the enclosed drawing. Since this gas main is necessary to serve customers to the East and West of this property, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement to Minnegasco, created by and within the document establishing the street vacation and filed with the Scott County Recorders office, over the following area of the proposed street vacation: That part of Lewis Street North which lies Southerly of the Westerly extension of the Northerly line of the alley as dedicated in Block 3, Town of Shakopee, and which lies Northerly of a line lying 39.00 feet Southerly, measured at right angles, and parallel with the last described line. The petitioner must call Dean Senne, Construction and Maintenance supervisor, at 707- 1371 to arrange for the gas main to be located in the field to confirm that the gas main does not conflict with the plans for the proposed addition. Should the proposed addition require relocation of the gas main the petitioner will have to reimburse Minnegasco the cost of relocating the existing gas main. To discuss this and any other options that may be available, please have the petitioner contact Rick Pilon, Senior Administration Engineer, at 321-5426. This letter supersedes my letter dated February 10, 1997. Thank you for the advance notice and please send me a copy of the final action on this proposal. Respectfully, MINNEGASCO c? S ven Von Bargen Real Estate Specialist pc: R. J. Pilon, Minnegasco Dean Senne, MinnegascoCNI lT ,6\ 700 West Linden Avenue P.O.Box 1165 Minneapolis,MN 55440-1165 • • digniglinged City of Shakopee STAFF REVIEW RECORD Applicant: Wallace Perry Phone: 445-2399 �, ��° t " Address: 834 S. Lewis St. `R 1 3 1991 'j") Contact Person: Wallace Perry Phone: Address: Request: Vacation of Spencer St. located North of CR101 Project Location: Spencer St.,North of CR 101 Application for: ❑Lot split ❑ Planned Unit Development 0 Preliminary Plat ❑ Final Plat ❑CUP 0 Variance ❑ Registered Land Survey®Other Vacation Application Received: 2/18/97 Proposed Date of PC Meeting:Q./26 4/3/97 Review Deadline: 3#g! — 3/21/97 Proposed Date of CC Action: #94 4/15/97 Complete Legal Description & Parcel Identification No. 27- That portion of Spener St. lying North of 1st Ave. and S. of the southerly alley right-of-way line in Blocks 1 and 2 Original Shakopee Plat. I have reviewed the attached proposed request in the following areas: ❑Assessments ❑Housing ❑Storm Sewer Drainage ❑Curb and Gutter ❑Individual Septic System ❑Street.County RoadAccess ❑Electric Service ❑Parks,Trails ❑Street,Lighting 0 Environmental ❑Police ❑Street,Signing ❑Fire ❑Sanitary Sewer ['Street,Traffic ❑Flood Plain ❑Schools ❑Water ❑Gas Service ❑Sidewalks ❑Zoning I recommend: DApproval *pproval with Changes/Conditions Listed ❑Denial for Reasons Listed Comments: .I-retrjt'e Please Use Reverse Side For Additional Comments Proposal reviewed by: City of Shakopee County,Region,State,Federal Utilities,Others .:( hdmiaiaitatsm OCounty Planner 11161111111111111111111110 Jaeity-Jcibanazy- ❑County Engineer NSP ['Environmental Health OU.S.West ❑Park and Recreation ❑Prior Lake Planner ❑Williams ®City Engineer ❑Savage Planner ®Cable IffiftrMITI Mif 0 Board of Water&Soil(BWSR) ( l-vweriatir-ttW ▪ ity Planner ❑MNDOT ['Shakopee WMO ue't`tr�et� ❑DNR ['Prior Lake WMO o1 e'Cffier— ❑MN PCA ❑Sand Creek WMO ®Utilities Manager ❑U.S.Army Corps of Engineers ❑Met Council 121 7MMI— ['Environmental Protection Ag. ❑ISD 720 Signature Title Date PLEASE RETURN TO: Shakopee Community Development Department, City of Shakopee • • E :..•. ... 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FI 1 ` T vi 60 6� I QQ �' °� 1°5 `U i 6N 4 cn )05'5* 2 i LL �Go � .cc) 7-1 io Nt 0L Al � - 1�� t2 ,c U) 3 " 9 V� \ 2 tpNl� (n / �� � , • HI' 1 NO 1 033 N 4v. I .�_� ,. Nb ei O Q 0, '� Ago:..,"�' -t-A / .� .rog I� 1� N N ;�- �_' i h ^_088-95 �� 5 .7 • �` I.- a- .g Q1-- -- -s f1 ? N 1 N 3S ��r`�ia ' , o c N C3 /Z�� 1� 5 • i W �• • l2 c�W I 60 5t5?'? i• �_�0 121 e° 6° . I �- 6° I I ''‘6. -4a CITY OF SHAKOPEE )"6 .fi • / • Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Probationary Status of Jared Andrews DATE: March 13, 1997 INTRODUCTION: The probationary period for the Planner I position held by Jared Andrews expires on March 23, 1997. Staff is recommending that his probationary status be terminated. ALTERNATIVES: 1. Move to terminate Jared Andrews' probationary status.. 2. Move to extend Jared Andrews' probationary status. 4. Table action pending further information from Staff. STAFF RECOMMENDATION: Staff recommends alternative 1. ACTION REQUESTED: A motion to terminate Jared Andrews' probationary status. d R. Michael Leek Community Development Director PROBATJA.DOC/RML 1 ThU8HOO CONSENT• . -, CITY OF SHAKOPEE ) . y . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Initiating the Vacation of Right-of-Way for the East Half of Spencer Street, north of 1st Avenue DATE: March 18, 1997 INTRODUCTION The attached Resolution No. 4632 sets a public hearing date to consider the vacation of right-of-way. The right-of-way proposed for vacation is the east half of Spencer Street, north of 1st Avenue. DISCUSSION The City has received a petition for the vacation of right-of-way from Wallace Perry. The attached resolution sets a public hearing for April 15, 1997. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission,will be presented to the City Council for its consideration. ACTION REQUESTED Offer Resolution No. 4632, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. 4 . 46, . fill- ulie Klima Planner II i:\commdev\c61997\cc0318\vacphspr.doc Th38M03 RESOLUTION NO.4632 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS,it has been made to appear to the Shakopee City Council that the right-of-way of the east half of Spencer Street, north of 1st Avenue, City of Shakopee, County of Scott, State of Minnesota, serves 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 THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 15th day of April, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the east half of the right-of-way known as Spencer Street north of 1st Avenue, 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 , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee,MN 55379 . 13.A LN • AG \ KM IS " ,ro ,� p ttttG1t 44 . - � dally ®t ; `ta SUBJECT SITE , % 1102 131. -ia4L;T*1 illa�t14,. � -alII" 1-"1VIII ;`�.t1Vi a - . . 1civ 131 ' III t ��M i}it! i c!t.: r a . 1-ill it 11� � 11t1r1� ii: , , a,.,., � tir1� r� - �� ti lit Iii .Incl 1 Sita `�a a� altt t1� C data' -: .°�_ � . � ::� a�:� 22.12.. '1"'-_ �111e a! "� - d!t 1 t aill11130 1 . att� ����� �14�ttt1 1`121 _ gg ati�a�: ,�:-• 4� �.� a�a�� - - - � �� r 1111t ittiiE ,\57."128 s �� r.Qt�� ���� T �et! i 1D ��� ��` �',1° °��u '��� � !1112 ., ,: `°�'�° °1��� -- °l��� Sit —. Rte' . ;��iese � . - 1111 iylt1 pt i1110A 74 a 101 ":: ;11 N®�i�° °1 at °`>�� ttt° ate__ �1 ii1 ; ,� '�si °� t���� ttatc ° °11�o st��� ��� •�� o®.t %a 311;2111;4 ata° °%t'a t`ttof to ��- . ,.,� ;anl oat ta. - 140 't Iii r tl as �t1 ar�rt tir. .'5 ,11 �c51 '1� t1�i11 ttitt et*at totltrtd 1111111 x''2111 IiJ 701 17 iiiiiViaMe_p_ 111lally _.in �• .. Ita '4411:4 lal Ir a • LEGEND we'''ti . x ma x o ad = -I_ ;t o i !S• Underlying Zones .` va,cw t �. ='� 74-F" �— ---11:--- i t_� © r.G� -gr!Cuiture 1 Q E -- E �► =. , ` s i� ;, '-' �en �!' ! RR I Rural Residential ,is7o;o t(4 _Tr—_. ©ed oE1ts R 1 A i Low Density Residential nil – �2 7w1to _2., g _—� r i C, Old Sh Residential e Residentic G d6 ,i.i m .' ,_____L___,____4,7.-L'. I R2 1 Medium Density Residen =r �il�� I R3 I Multiple Family Resident iso;.. a na4/10111110 �� , as B1 B1 Highway Business I Li), ' iri� ©0 B2 Office Business ' tt„ ..Lil vele LI. I 83 I"'�'"` � �.� ^� _ I Central Business • T'ifidT im r.` `' 'u-�-I --1_ j 11 Light !nd str of 1 '1 �� Heavyrdustnal L=- I r °MN '2 j' MH j %/ajor Recreation ii R f B 0.er ov Zones- tea Pelt., :Y ,,` -C r e l c. 13 . 8. 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Policy Revisions DATE: March 18, 1997 INTRODUCTION: Attached is Resolution No. 4637, a resolution amending the Special Assessment Policy for street bituminous overlay and new storm sewers in developing areas. BACKGROUND: At the February 15, 1997 City Council Work Session, direction was given to staff to assess 25% of a bituminous overlay project instead of the current no assessment. Staff is also including revisions in the storm sewer assessment policies to reflect the changes in the City's new Storm Trunk Sewer Charge for developing property. BITUMINOUS STREET OVERLAYS Attached is page 13 of the City's Special Assessment Policy. Section X, Paragraph C.5 states that overlays are not assessed,but rather funded from the Pavement Preservation Fund. Recent discussions and Council direction has expressed a desire to assess 25% of a bituminous street overlay project similar to a street reconstruction assessment. Resolution No. 4637, includes language to delete and replace this paragraph to revise the policy to assess 25% of a bituminous street overlay to benefiting properties. STORM SEWER IMPROVEMENTS Attached is page 14 of the City's Special Assessment Policy which contains statements on storm sewer assessments. The City recently approved a Trunk Storm Water Charge and ordinance to fund new storm drainage facilities in developing areas. This policy was formulated based upon the Trunk Storm Water System was to be paid by the Trunk Storm Water Charges with the lateral storm drainage facilities serving developing properties paid by the developer. Staff is proposing two modifications to the existing policy to reflect the new direction in storm water improvements. These changes are as follows: 1. Append Paragraph C.1 -New storm sewer installed in conjunction with new street construction where no storm sewer previously existed will be assessed 100% and be included in the street assessment to benefiting properties. If the facilities are oversized to accommodate drainage from areas outside the assessment area,the City will pay for the oversizing from the Storm Drainage Fund. 2. Revise Paragraph C.3 - Storm Drainage facilities installed by the City as a public improvement project that serves developing property, shall be assessed 100%to the developing properties. If the facilities are oversized to accommodate drainage from areas outside the plat,the City will pay for the oversizing from the Storm Drainage Fund. These policy changes are recommended from the Council direction on street overlays and due to the adopted Trunk Storm Water Change Policy. ALTERNATIVES: 1. Adopt Resolution No. 4637,A Resolution Amending the Special Assessment Policy. 2. Deny Resolution No. 4637, A Resolution Amending the Special Assessment Policy. 3. Modify and adopt Resolution No. 4637,A Resolution Amending the Special Assessment Policy. 4. Table for additional information from staff RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4637, A Resolution Amending the Special Assessment Policy with regards to street overlays and storm sewer, and move its adoption. r , 4,„ Bruce Loney Public Works Direc or BL/tiv RESOLUTION NO. 4637 A RESOLUTION AMENDING'DU SPECIAL ASSESSMENT POLICY WHEREAS, on January 19, 1992,the City Council of Shakopee adopted the Special Assessment Policy by Resolution No. 3735; and WHEREAS,the City Council desires to amend the Special Assessment Policy. -- NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: The Special Assessment Policy is hereby amended as follows: 1. In Section X, Paragraph A.5 - Ovcerlay, Seal Coats, the text "Overlays and sealcoats will not be assessed,but rather funded from the Pavement Preservation Fund". Will be deleted and replaced with: "Bituminous overlay projects shall be 25% assessed. Bituminous sealcoats will not be assessed,but rather funded from the Pavement Preservation Fund". 2. In Section X,Paragraph C.1 - "New Storm Sewer Improvements", append this paragraph with the following: New Storm Sewer installed in conjunction with new street construction where no storm sewer previously existed will be assessed 100% and be included in the street assessment to benefiting properties. If the facilities are oversized to accommodate drainage from areas outside the assessment area,the City will pay for the oversizing from the Storm Drainage Fund. 3. In Section X,revise Paragraph C.3 - "New Plats"as follows: Storm drainage facilities installed by the City as a public improvement project that serves developing property, shall be assessed 100%to the developing properties. If the facilities are oversized to accommodate drainage from areas outside the plat,the City will pay for the oversizing from the Storm Drainage Fund. These policy changes shall become effective on March 18, 1997. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk other benefitted properties, (3) general obligation funds,or (4) any other method or combination of methods authorized by the City Council. 2. Collector Streets Collector streets will be assessed to the equivalent local street costs. All street oversizing costs associated with collector streets will not be assessed. 3. Reconstructions All street reconstructions shall be 25% assessed. 4Gravel Streets a. Urban Areas • Upgrading an existing gravel street located in the Urban Service Area by adding pavement, curb and gutter shall be considered new construction and all costs assessed 100%. b. Rural Areas Only those items added to rural gravel roads by upgrading (i.e. pavement, curb and gutter, etc.) will be assessed 100%, but not the costs to replace the existing gravel roadbed. The City Council may elect to revise the assessable areas to establish additional assessment credits due to the large landowners abutting rural gravel roads or for rural collector roads that have little or no direct driveway accesses to it. S. Overlay, Seal Coats Overlays and sealcoats will not be assessed, but rather funded from the Pavement Preservation Fund. 6. Alleys Upgrading existing gravel alleys by adding pavement will be assessed 100% to the block in question. Reconstructing existing paved alleys will be 100% assessed also, except in the Central Business District (CBD). For CBD alleys, the City Council will determine the amount assessed at the public hearing considering the improvements. 13 B. SIDEWALKS AND TRAILS 1. New Construction New sidewalks installed adjacent to collector or arterial streets will not be assessed. New sidewalks installed adjacent to local streets will be assessed 100% to the abutting property on which the sidewalk is located. 2. Reconstruction Replacement sidewalks adjacent to local streets will be assessed 50% to the abutting property owner and 50% City funded. Sidewalks that are replaced next to collector or arterial streets will not be assessed. 3. Trails Bituminous walkways or bicycle trails will not be assessed, but rather funded 100% by the City. 4. New Plats Sidewalks required within a new plat will be 100% assessed to the developer. C. STORM SEWER IMPROVEMENTS Storm sewer assessments shall normally be by the "area" method. 1. New Storm Sewer Construction New trunk storm sewer installations will be funded 100% by the General City- wide Storm Sewer Utility Fund. New storm sewer laterals installed in areas that have existing trunk(main line) storm sewers will be funded 100% /by the General Storm Sewer Utility Fund. 2. Replacement of Storm Sewers Any replacement costs or reconstruction of existing storm sewers will not be assessed but rather funded 100% from the General Storm Sewer Utility. 3. New Plats Storm drainage facilities installed by the City at the request of a developer will be assessed to the developer 100%. If the facilities are oversized to accommodate drainage from areas outside the plat, the City will pay for the oversizing from the Storm Drainage Fund. 14 13. . z . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Authorization of Lead Person Position in the Public Works Department DATE: March 18, 1997 INTRODUCTION: City Council authorized the lead person position in the Public Works Department and approved the job descriptions at the February 18, 1997 meeting. Staff has reviewed these descriptions in further detail and would like to add a modification in the job description prior to filling these positions. BACKGROUND: Lead positions were discussed at the February 4th and February 18th City Council meetings with the City Council approving the job description and authorizing staff to fill these positions from internal candidates from the Public Works Department and also to execute an amendment to the Public Works bargaining unit contract establishing a pay scale for the Street Lead Person and Park Lead Person positions. Attached to this memo is a revised job description in which under certificates,license and registrations, staff has added the following paragraph: `lead Person shall have or obtain all certificates and licenses deemed necessary by the Public Works Supervisor in a reasonable amount of time." This sentence is the only modification that staff is recommending. The reason for this change is so that the Lead Person positions would obtain the license and certificates necessary to do the work in the street, sewer, and park systems for the City of Shakopee. ALTERNATIVES: 1. Approved the revised job descriptions for the Street Lead Person and Park Lead Person positions. 2. Do not approve the revised job descriptions for these positions at this time. 3. Table for additional information. STAFF RECOMMENDATION: Staff recommends Alternative#1 to modify the Street Lead Person and Park Lead Person job description as previously stated in this memo. ACTION REQUESTED: 1. Move to approve the revised job description for the Street Lead Person and Park Lead Persons. J ?A & ` • nice Loney Public Works Dir ror BL/tiv CITY OF SHAKOPEE JOB DESCRIPTION JOB TITLE: STREET LEADPERSON EXEMPT: NO JOB CODE: SALARY LEVEL: DIVISION: Public Works SHIFT: DEPARTMENT: Public Works LOCATION: EMPLOYEE: REPORT TO: Public Works Supervisor DATE: PREPARED BY: Bruce Loney APPROVED BY: SUMMARY: This is a skilled position which involves the assisting of the Public Works supervisor in the planning, organizing and supervision of all maintenance and construction activities as required by the street, sanitary sewer and storm drainage systems, acting in a secondary lead role in the parks and public ground systems function. Position acts as a lead worker at the job sites, supervising work of other municipal crews performing semi-skilled or manual tasks. In addition, this position shall act as the Public Works Supervisor in the absence of the Public Works Supervisor as it relates to streets and sewer systems. Also, performs other duties as assigned in the Public Works Department. Position reports to the Public Works Supervisor who will make assignments and inspect work. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. • Provides first line direction and on the job training to others while working as a member of the crews. • Plans and directs the daily work of others under the supervision of the Public Works Supervisor. • Performs general maintenance and repair work on equipment. • Performs the duties of Public Works Supervisor in the absence of the Public Works Supervisor as it relates to streets and sewers. • Assists in the duties of the Park Leadperson when necessary as determined by the Public Works Supervisor. • Advises the Public Works Supervisor of department needs and assists in planning work assignments and supervises projects as needed. • Assist in training of maintenance personnel in the street and sewer systems. • Assists and oversees performance of work crews in variety of manual and semi- skilled tasks related to the installations, construction, care and maintenance of public works projects, facilitates in related areas. Areas of responsibilities and oversight may include but not be limited to: manual labor operation and maintenance equipment, snow plowing, street maintenance, sewer maintenance, park maintenance and repair. • Assists in preparation and maintenance of necessary records and/or data. • Perform snow plowing functions for the City, including but not limited to: operating snow plow equipment, sanding and salting, operating snow plow wings; performing minor maintenance to equipment. • Work cooperatively with other departments and the public to complete assigned tasks. • Adhere to all safety rules and regulations. Perform necessary operations to ensure the safe operation of equipment. • Informs supervisor of important developments and work in progress, obtains assignments and submits material requisitions for approval. • Performs all maintenance operations tasks when assigned. SUPERVISORY RESPONSIBILITIES: Supervises assigned work crews on a daily basis. QUALIFICATION REQUIREMENTS: 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: High School Education plus a minimum of 5 years of equipment operation, including at least 3 years of work experience in related field. Preference given for experience as a leadperson or crew chief. LANGUAGE SKILLS: Ability to read and interpret documents such as safety rules, operating and maintenance instruction, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before citizens or employees of organization. MATHEMATICAL SKILLS: Ability to calculate figures and amounts with a calculator such as proportions, percentages, area, circumference, and volume. REASONING ABILITY: • Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. • Thorough knowledge of the occupational hazards involved and the safety precautions necessary to the safe conduct of work and equipment. • Ability to make decisions recognizing established precedence and practices and to use resourcefulness and tact in meeting new problems. • Ability to establish and maintain effective working relationships with other employees, subordinates, and the general public contacted in the course of the work. • Ability to maintain records and prepare reports pertaining to the area of responsibility and in accordance with federal and state laws and city policies. • Ability to communicate effectively with co-workers. • Ability to deal with citizens in a professional manner in all situations. • Knowledge of operational aspect of public works maintenance department/division. • Demonstrating ability to lead a work crew, work cooperatively with co-workers, work independently without direct on-site supervision, make on-site decisions related to task assignments. • Thorough knowledge of maintenance equipment necessary to efficiently operate the Public Works Department and the ability to operate such equipment. CERTIFICATES, LICENSE, REGISTRATIONS: Employee must possess valid Minnesota Commercial Drivers License with endorsements. Lead Person shall have or obtain all certificates and licenses deemed necessary by the Public Works Supervisor in a reasonable amount of time. OTHER SKILLS AND ABILITIES: Extensive knowledge of the materials, methods, techniques, tools, and equipment used in repairing, maintaining and constructing Public Works facilities. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; and smell. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works near moving mechanical parts and in outside weather conditions and is regularly exposed to extreme cold and extreme heat. The employee frequently works in high, precarious places and is frequently exposed to wet and/or humid conditions and vibration. The employee is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is usually moderate. CITY OF SHAKOPEE JOB DESCRIPTION JOB TITLE: PARK LEADPERSON EXEMPT: NO JOB CODE: SALARY LEVEL: DIVISION: Public Works SHIFT: DEPARTMENT: Public Works LOCATION: EMPLOYEE: REPORT TO: Public Works Supervisor DATE: PREPARED BY: Bruce Loney APPROVED BY: SUMMARY: This is a skilled position which involves the assisting of the Public Works supervisor in the planning, organizing and supervision of all maintenance and construction activities as required by the parks and public ground systems, acting in a secondary role in the street, sanitary sewer and storm drainage systems function. Position acts as a lead worker at the job sites, supervising work of other municipal crews performing semi-skilled or manual tasks. In addition, this position shall act as the Public Works Supervisor in the absence of the Public Works Supervisor as it relates to Parks and Public Ground systems. Also, performs other duties as assigned in the Public Works Department. Position reports to the Public Works Supervisor who will make assignments and inspect work. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. • Provides first line direction and on the job training to others while working as a member of the crews. • Plans and directs the daily work of others under the supervision of the Public Works Supervisor. • Performs general maintenance and repair work on equipment. • Performs the duties of Public Works Supervisor in the absence of the Public Works Supervisor as it relates to parks and public grounds. • Assists in the duties of the Street Leadperson when necessary as determined by the Public Works Supervisor. • Advises the Public Works Supervisor of department needs and assists in planning work assignments and supervises projects as needed. • Assist in training of maintenance personnel in the parks and public ground systems. • Assists and oversees performance of work crews in variety of manual and semi- skilled tasks related to the installations, construction, care and maintenance of public works projects, facilitates in related areas. Areas of responsibilities and oversight may include but not be limited to: manual labor operation and maintenance equipment, snow plowing, street maintenance, sewer maintenance, park maintenance and repair. • Assists in preparation and maintenance of necessary records and/or data. • Perform snow plowing functions for the City, including but not limited to: operating snow plow equipment, sanding and salting, operating snow plow wings; performing minor maintenance to equipment. • Work cooperatively with other departments and the public to complete assigned tasks. • Adhere to all safety rules and regulations. Perform necessary operations to ensure the safe operation of equipment. • Informs supervisor of important developments and work in progress, obtains assignments and submits material requisitions for approval. • Performs all maintenance operations tasks when assigned. SUPERVISORY RESPONSIBILITIES: Supervises assigned work crews on a daily basis. QUALIFICATION REQUIREMENTS: 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: High School Education plus a minimum of 5 years of equipment operation, including at least 3 years of work experience in related field. Preference given for experience as a leadperson or crew chief. LANGUAGE SKILLS: Ability to read and interpret documents such as safety rules, operating and maintenance instruction, and procedure manuals. Ability to write routine reports and correspondence. Ability to speak effectively before citizens or employees of organization. MATHEMATICAL SKILLS: Ability to calculate figures and amounts with a calculator such as proportions, percentages, area, circumference, and volume. REASONING ABILITY: • Ability to interpret a variety of instructions furnished in written, oral, diagram, or schedule form. • Thorough knowledge of the occupational hazards involved and the safety precautions necessary to the safe conduct of work and equipment. • Ability to make decisions recognizing established precedence and practices and to use resourcefulness and tact in meeting new problems. • Ability to establish and maintain effective working relationships with other employees, subordinates, and the general public contacted in the course of the work. • Ability to maintain records and prepare reports pertaining to the area of responsibility and in accordance with federal and state laws and city policies. • Ability to communicate effectively with co-workers. • Ability to deal with citizens in a professional manner in all situations. • Knowledge of operational aspect of public works maintenance department/division. • Demonstrating ability to lead a work crew, work cooperatively with co-workers, work independently without direct on-site supervision, make on-site decisions related to task assignments. • Thorough knowledge of maintenance equipment necessary to efficiently operate the Public Works Department and the ability to operate such equipment. CERTIFICATES, LICENSE, REGISTRATIONS: Employee must possess valid Minnesota Commercial Drivers License with endorsements. Lead Person shall have or obtain all certificates and licenses deemed necessary by the Public Works Supervisor in a reasonable amount of time. OTHER SKILLS AND ABILITIES: Extensive knowledge of the materials, methods, techniques, tools, and equipment used in repairing, maintaining and constructing Public Works facilities. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; and smell. The employee must occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works near moving mechanical parts and in outside weather conditions and is regularly exposed to extreme cold and extreme heat. The employee frequently works in high, precarious places and is frequently exposed to wet and/or humid conditions and vibration. The employee is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is usually moderate. 13 . 13 . 3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Shakopee Basin WMO Watershed Governance DATE: March 18, 1997 INTRODUCTION: The Shakopee Basin Watershed Management Organization(SBWMO) is considering a proposal for the County to administer the watershed management for this organization and other WMO's in Scott County. Staff is requesting Council direction as to the desired form of watershed governance before the Shakopee Basin WMO board members vote on this issue. BACKGROUND: The seven counties in the metro area were required to form watershed management organizations to meet the Surface Water Management Act. Shakopee Basin WMO was organized in 1986 and is comprised of portions of Jackson and Louisville Townships and portions of the cities of Shakopee and Prior Lake. The size of the Shakopee Basin WMO is 12,785 acres with Shakopee's portion being 4,826 acres. The SBWMO has been operating over the years under a Joint Powers Agreement between the four Townships and Cities. Each Township and City is represented by one commissioner for each local unit of government. For Shakopee, the representative is the Public Works Director. Attached is a January 30, 1997 letter from David Johnson of the Board of Water and Soil Resources (BWSR) in regards to the SBWMO being out of compliance with the Metropolitan Surface Water Management Act and discussing options for watershed administration. One option is for the County to take over the watershed management and administration of this organization. Also attached is a BWSR Implementation Guideline document on the County administering the WMO. A list of ten potential advantages is included in this document. The main issue facing the SBWMO is the development of a 2nd generation watershed plan for the area as required by BWSR. The plan requirements will be more extensive and will cost more than the 1st generation plan. By having the County assume the duties of the WMO's in Scott County, there would be cost savings from a reduction of duplication of efforts. It is proposed to retain the existing WMO board as an advisory board to help ensure local needs and concerns are being addressed. The other option is to continue to exist as in the past with the local members administering the watershed planning for the SBWMO. The City of Shakopee has prepared a local water management plan which is more detailed than the SBWMO plan. Whether the SBWMO is County administered or administered through a Joint Power Agreement with local units of government, the City of Shakopee's watershed planning will not be significantly impacted. County administration of the WMO may provide better watershed management and planning for the township acres which drain into Shakopee and ultimately may be annexed into the City. For those reasons, it is staff's recommendation to vote for the SBWMO to terminate and allow the County to take on the WMO responsibilities for this area. At the time of writing this memorandum, the County has not officially responded on its desires on assuming the duties of watershed planning for WMO's in Scott County. However, if the Shakopee Basin WMO is terminated, the responsibility for watershed planning and implementing the watershed management plan by statutue goes to the county. ALTERNATIVES: 1. Discuss options and provide staff direction as to which governance option the Council would desire for the Shakopee Basin WMO. 2. Table for additional information. RECOMMENDATION: Staff recommends terminating the SBWMO and have the County take over the responsibilities and authorities of watershed planning for the Shakopee Basin Area. Staff would also recommend that the existing local SBWMO board be retained as an advisory board to the County. Also, staff would recommend to the County that watershed planning and implementation be delegated as much as possible to the Scott Soil and Water Conservation District. ACTION REQUESTED: Discuss options and direct staff to prepare a letter to the Shakopee Basin WMO on the City's position on this issue. cleIrivy Bruce Loney Public Works Director BL/tiv - 4 ss January 30, 1997 mokowwwwi MB o ta Mr. Bruce Loney, Chair R &rcSs it Shakopee Basin WMO eAmookorwirkik 129 South Holmes Street Shakopee,MN 55379 One West Water Street Suite 200 Status of Shakopee Basin WMO; Options for Management Alternatives St. Paul, MN 55107 (612)296-3767 Fax(612)297-5615 Dear Mr. Loney: Field Offices Northern Region: In a meeting on January 23, 1997, representatives from Scott County,the Scott 394 S. Lake Avenue Soil and Water Conservation District and myself met with yourself and the other Room 403 Duluth,MN 55802 members of the Shakopee Basin Watershed Management Organization (SBWMO) (218) 723-4752 board to discuss the current status of the organization. The purpose of the Fax(218) 723-4794 meeting was to develop a work plan which would enable the geographic area 3217 Bemidji Avenue N. Bemidji,MN 56601 covered by the SBWMO to regain compliance with the metropolitan surface water (218) 755-4235 management act. Fax(218) 755-4201 217 S. 7th Street In the course of our discussion of the various options for watershed administration, Suite 202 Brainerd,MN 56401-3660 the SBWMO board members requested that BWSR develop a fact sheet which (218)828-2383 details the process for county administration of a watershed management plan. Fax(218)828-6036 Attached is a guidance document, developed by BWSR metro staff, which details Southern Region: Highway 15 S. administration of the watershed plan by a county. As was agreed upon at our Box 756 meeting, it is our understanding that each SBWMO board member will take this New Ulm,MN 56073 (507) 359-6074 document, as well as the other guidance materials that were provided, back to their Fax (507)359-6018 member community for discussion and a local decision as to the desired form of 40-16th Street SE watershed governance. As we agreed, the SBWMO board will then meet within Suite A 90 days from receipt of this letter for the purpose of forwarding a recommendation Rochester, MN 55904 (507)285-7458 from the SBWMO to the Scott County Board with the desired form of watershed Fax(507) 280-2875 governance. Again, we encourage the affected cities and townships to look at this Box 267 as an opportunity to re-examine your commitment to future watershed 1400 E. Lyon Street Marshall,MN 56258 management activities. (507) 537-6060 Fax(507) 537-6368 The BWSR advocates WMOs that are active and ready to respond to issues. The Metro Region: level of activity the WMO elects to follow is a matter that must be determined One West Water Street Suite 250 locally based on the existing and future potential issues and the level of (612)StP282-9969ul,MN 55107 development and redevelopment that is occurring. Manyfactors should be P P Fax(612)297-5615 considered in making that decision. As you realize, the rules that guide the content of second generation plans provide more specificity as to what is acceptable and An equal opportunity employer Printed on recycled paper lSn2.dcj.30jan97 Mr. Bruce Loney January 30, 1997 Page Two thus require a WMO to be more proactive with plan implementation and oversight. Regardless of the form of administration that is chosen,the organization will have to provide for more active involvement of citizens. Watershed management benefits when policies and goals are set through citizen involvement. This can be accomplished through active citizen advisory committees, regular focus groups, and an active information and education outreach program. Thank you for meeting with us to discuss options for watershed management and we look forward to assisting you with the development of a work plan to regain compliance with the watershed management act. If you have any questions or would like to discuss further options for watershed management in Scott county, please contact me at(612) 215-1950. Sincerely, BO-`'A. OF WATER& SOIL RESOURCES i David Jo son Board C servationist c: Shakopee Basin WMO Board Members Ronald Harnack, Executive Director Bruce Sandstrom, Metro Region Supervisor Metro Staff Ralph Malz, Scott County Board Chair Gary Cunningham, Scott County Administrator Brad Larson, Associate Administrator of Public Works& Lands Kathy Bongard, Scott County Planning Peter Beckius, Scott SWCD David Drealan, Carver County Doug Thomas Barbara Cobb, BWSR Board Chair State Review Agencies c:scottwm 1.fn2.dcj.30jan97 BWSR Metro Region Implementation Guidance: County Administration Purpose The BWSR advocates WMOs that are active and ready to respond to issues. The level of activity the WMO elects to follow is a matter that must be determined locally based on existing and future issues, the level of development and redevelopment that is occurring and the attention necessary to meet the needs of citizens. Many factors should be considered in making that decision. The current law and rule specify the minimum activity level a WMO must maintain to remain compliant. The adopted watershed management plan may also specify a level of activity that is above the minimum provided by law. The BWSR expects all WMOs to provide for continued oversight over local member plan implementation to maintain compliance with the law. If the WMO becomes inactive or is unresponsive to or unable to respond to complaints of failure to implement local plans, the BWSR would, after due process, advise the county of such failure. As provided by law, the county shall then be responsible for preparing, adopting and implementing the watershed management plan. If this in not a desirable option, then the WMO should,at a minimum, plan and be prepared for an effective means of oversight. The following guidelines are intended to help local WMO board members understand the opportunities for watershed management if the county is put into the position of being responsible for watershed management. Responsible Governmental Unit 1. If a WMO terminates, the county containing the WMO shall prepare, adopt and implement a watershed plan and for this purpose, the county takes on all of the WMO authorities in statute. A. The county may delegate the preparation of all or part of a plan to the soil and water conservation district. B. Upon request of a statutory or home rule charter city or town, a county may delegate the preparation of all or part of a plan to the city or town. The county, acting as a WMO, would still establish the minimum criteria for the plan. County Authorities With Adoption of Watershed Planning Responsibility 1. The authority to prepare, adopt and implement the watershed plan. 2. The authority to review and approve local water management plans. The local plan must be at least as restrictive as the county(WMO) plan. C:\wpdocs\wmoauth.doc.28jan97 1 3. The authority of a watershed district to regulate the use and development of land within the watershed when one or more of the following conditions exist: A. The local government unit (LGU) exercising planning and zoning authority over the land does not have a local water management plan approved and adopted or has not adopted the implementation program described in the plan. B. An application to the LGU for a permit or the use and development of land requires and amendment to or variance from the adopted local water management plan or implementation program of the LGU. C. The LGU has authorized the county to require permits for the use and development of land. 4. The authority of watershed district to accept the transfer of drainage systems within the watershed (the county is already the drainage authority). 5. The authority to adopt a budget and decide on the total amount necessary to be raised from ad valorem tax levies to meet the budget. The county is required to hold a public hearing on the proposed budget. The hearing must be noticed at least twice before it occurs. The budget would be certified by the county auditor and approved assessment statements would be filed with the county. Monies may be levied under the authorities in statutes section 103B, for plan preparation and implementation. The county also may levy money for the Soil and Water Conservation District to pay for reasonable increased costs to administer and implement programs in the plan. 6. Other authorities necessary to carry out the planning and implementation programs including the power to enter into contracts for the performance of functions with governmental units or individuals. 7. Decisions may require no more than a majority vote, except that decisions on capital improvement projects which may require no more than a two-thirds vote. Generalized Plan contents While Chapter 8410 provides the detail with which a plan is measured by, there are a number of components of a plan that the BWSR considers to be of major importance. The following items are considered to be the most significant elements of a metro watershed management plan. 1. A description of the existing and proposed physical environment, land use and development in the area . C:\wpdocs\wmoauth.doc.28jan97 2 BWSR Metro Region Implementation Guidance: County Administration Purpose The BWSR advocates WMOs that are active and ready to respond to issues. The level of activity the WMO elects to follow is a matter that must be determined locally based on existing and future issues, the level of development and redevelopment that is occurring and the attention necessary to meet the needs of citizens. Many factors should be considered in making that decision. The current law and rule specify the minimum activity level a WMO must maintain to remain compliant. The adopted watershed management plan may also specify a level of activity that is above the minimum provided by law. The BWSR expects all WMOs to provide for continued oversight over local member plan implementation to maintain compliance with the law. If the WMO becomes inactive or is unresponsive to or unable to respond to complaints of failure to implement local plans, the BWSR would, after due process, advise the county of such failure. As provided by law, the county shall then be responsible for preparing, adopting and implementing the watershed management plan. If this in not a desirable option, then the WMO should, at a minimum, plan and be prepared for an effective means of oversight. The following guidelines are intended to help local WMO board members understand the opportunities for watershed management if the county is put into the position of being responsible for watershed management. Responsible Governmental Unit 1. If a WMO terminates, the county containing the WMO shall prepare, adopt and implement a watershed plan and for this purpose, the county takes on all of the WMO authorities in statute. A. The county may delegate the preparation of all or part of a plan to the soil and water conservation district. B. Upon request of a statutory or home rule charter city or town, a county may delegate the preparation of all or part of a plan to the city or town. The county, acting as a WMO, would still establish the minimum criteria for the plan. County Authorities With Adoption of Watershed Planning Responsibility 1. The authority to prepare, adopt and implement the watershed plan. 2. The authority to review and approve local water management plans. The local plan must be at least as restrictive as the county(WMO) plan. C:\wpdocs\wmoauth.doc.28jan97 1 2. Information on the hydrologic system and its components, including drainage systems and any existing and potential problems. 3. A statement of goals and policies including management principles, alternatives and modifications, water quality and protection of natural characteristics. 4. The hydrologic and water quality conditions that will be sought and significant opportunities for improvement. 5. A description of the effects of the plan on existing drainage systems. 6. Identification of high priority areas for wetland preservation, enhancement, restoration and establishment and a description.of any conflicts with wetlands and land use in these areas. 7. A description of any conflicts between the watershed plan and existing plans of LGUs. 8. An implementation program consistent with the management plan, which includes a capital improvement program and standards and schedules for amending the comprehensive plans and official controls of local governmental units in the watershed to bring about conformance with the watershed plan. 9. The plan must extend at least five years but no more than ten years. 10. The plan must be reviewed for consistency with the county ground water plan and if necessary, revised to be compliant with the ground water plan. 11. Planning activities must be coordinated with neighboring WMOs and counties. Capital Improvement Projects 1. Each plan that documents existing water management problems that can not be addressed by preventative actions shall investigate the feasibility of implementing structural solutions. 2. A plan must include a capital improvement program that identifies specific improvements necessary to implement the water resource goals and policies. 3. The plan must include an analysis of the regulatory and financial impact on LGUs, including any concerns expressed by local units of government. 4. Under statutes 103B, a capital project is forwarded to the county board for hearing. If certified, all or parts of the cost may be distributed either county-wide or within subwatershed areas. Special taxing districts also may be established for projects within a specific geographic area. C:\wpdocs\wmoauthdoc.28jan97 3 5. A county may also sell bonds to pay for a project. 6. Projects could be part of the county's normal capital improvements plan. 7. Under statutes 103C.601, the county could levy for projects that would then be implemented by the soil and water conservation district. 8. In many metropolitan area watershed districts, projects are done only on petition by a LGU or a subwatershed planning area. This helps to ensure that a project has strong local support before the project is implemented. 9. If the existing geographic areas are retained, only with the WMO boards serving in an advisory capacity to the county board, the projects that are put into the plan would be determined based on local goals and policies and priorities. Potential Advantages of County Administration 1. Comprehensive watershed management that is consistent county-wide. 2. A reduction in the duplication of efforts. The county and soil and water conservation district are already doing the implementation. Projects can be prioritized on a county-wide basis. 3. Better use of existing funding. Monies being spent by the WMO could be utilized to fund existing county and soil and water conservation district programs. 4. Local determination. Plan development and implementation authority lies with locally elected government officials. We would recommend the use of the existing geographic areas of the WMOs as subwatershed planning areas. This would allow local needs and concerns to be addressed while fulfilling the overall goal of comprehensive watershed management. We also recommend using the existing WMO boards as advisory boards to the county board for both preparation and implementation of the watershed plan. This would help to ensure that local needs and concerns are always being addressed. 5. Consistency with ongoing planning efforts. The watershed planning effort could be consistent with the county comprehensive plan and the county ground water plan. Planning elements could be better coordinated to save both time and money. Ultimately, local water plans would also be consistent with the metropolitan council comprehensive plan requirements as well as watershed planning requirements. A comprehensive, consistent and integrated approach to watershed planning and management would most certainly put local governments in a better position to receive state and federal grant monies for plan implementation. C:\wpdocs\wmoauth.doc.28jan97 4 2. Information on the hydrologic system and its components, including drainage systems and any existing and potential problems. 3. A statement of goals and policies including management principles, alternatives and modifications, water quality and protection of natural characteristics. 4. The hydrologic and water quality conditions that will be sought and significant opportunities for improvement. 5. A description of the effects of the plan on existing drainage systems. 6. Identification of high priority areas for wetland preservation, enhancement, restoration and establishment and a description.of any conflicts with wetlands and land use in these areas. 7. A description of any conflicts between the watershed plan and existing plans of LGUs. 8. An implementation program consistent with the management plan, which includes a capital improvement program and standards and schedules for amending the comprehensive plans and official controls of local governmental units in the watershed to bring about conformance with the watershed plan. 9. The plan must extend at least five years but no more than ten years. 10. The plan must be reviewed for consistency with the county ground water plan and if necessary, revised to be compliant with the ground water plan. 11. Planning activities must be coordinated with neighboring WMOs and counties. Capital Improvement Projects 1. Each plan that documents existing water management problems that can not be addressed by preventative actions shall investigate the feasibility of implementing structural solutions. 2. A plan must include a capital improvement program that identifies specific improvements necessary to implement the water resource goals and policies. 3. The plan must include an analysis of the regulatory and financial impact on LGUs, including any concerns expressed by local units of government. 4. Under statutes 103B, a capital project is forwarded to the county board for hearing. If certified, all or parts of the cost may be distributed either county-wide or within subwatershed areas. Special taxing districts also may be established for projects within a specific geographic area. C:\wpdocs\wmoauth.doc.28jan97 3 6. Allows the LGUs to establish the connection between land use and water quality/quantity issues. Better coordination of parks, corridor and green space programs. 7. Recent revisions in the law have allowed the watershed planning entity the opportunity to have taxing authority, permitting authority and the ability to establish subwatershed tax districts. These changes provide the opportunity to be more proactive in water management issues and better able to equitably distribute costs for disparate levels of activity. 8. The ability to react to short-term needs in a faster manner. 9. Citizen participation is required by law. The county better may be able to allow for the more active involvement of citizens. Watershed management benefits when the policies and goals are set through citizen involvement. This can be accomplished through active citizen advisory committees, regular focus groups, and an active information and education outreach program. 10. The ability to expand the focus beyond the traditional stormwater ponding and erosion control roles into such areas as natural resource corridor management and development, park and recreation opportunities and redevelopment opportunities. C:\wpdocs\wmoauth.doc.28jan97 5 • e . ) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Hiring of Police Officer DATE: March 12, 1997 INTRODUCTION: The Police Department is requesting authorization to hire Craig Greenwald as a probationary Police officer. BACKGROUND: Detective Don Bisek retired on January 31, 1997, reducing the number of sworn officers employed by the Police Department to 21. The 1997 Police Budget augmented by two COPS FAST grants contains funds to employ 22 officers. On March 4, 1997, Council tabled this item pending submission of additional background information. At their meeting on November 6, 1997 Council discussed two issues: • should the city accept a second COPS FAST grant, and • how many officers should the department be authorized to hire immediately? The first item discussed was the COPS FAST grant. The Violent Crime Control and Law Enforcement Act of 1994, made grants of$75,000 available for local units of government to hire and deploy new police officers. The first round of grants called COPS FAST (Community Oriented Policing Services Funding Accelerated for Smaller Towns)were available to cities with populations of under 50,000. Shakopee was awarded one of these grants in 1995. The second round of grants, known as Universal Hiring Program grants, were also for $75,000. In October of 1996, Shakopee was awarded one of these grants in the form of a supplement to our original award. Essentially, this grant pays the salary and approved fringe benefits for an additional employee not to exceed a total of$75,000 over the next three years. A copy of the award and conditions of the grant are attached to this memo. At the time this discussion took place, the police department was authorized 21 sworn officers which met the FBI standard of 1.5 officers per 1,000 population if the population of Shakopee was assumed to be 14,000. If the population of the City is assumed to be 14,670, it takes 22 sworn officers to meet the 1.5 standard. The City planning department estimates the current population of Shakopee at about 15,000. In a study commissioned by the city in 1986, Ernst and Whinney pointed out that people who come to Shakopee to work or to be entertained are entitled to the same level of police service as people who live here. They wrote that a ratio of 1.5 officers per 1,000 is inadequate for Shakopee in view of the impact the entertainment industry has on this city, especially during the summer. Council had requested a comparison of calls for service with neighboring departments. A summary comparing calls for service for Shakopee, Savage, Prior Lake and Chaska from Jan 1, 1995 to July 31, 1995 and from Jan 1, 1996 to July 31, 1996 was provided. An upgraded version of that summary including the information requested for all of 1995 and all of 1996 is provided below. Shakopee Savage Prior Lake Chaska Shakopee Savage Prior Lake Chaska 96 96 96 96 95 95 95 95 Citations 1477 1962 1025 2115 1407 2768 1083 2386 Calls For 9321 5762 7283 9073 8825 4929 7282 8257 Service Arrests 751 803 740 1147 655 722 552 1069 (Combined total Juv&Adult) Total 11,549 8,527 9,048 12,335 10,887 8,419 8,917 11,712 On the surface, the department responded to more calls for services, made more arrests and wrote more tickets in 1996 than in 1995. The overall level of service delivered to the community, however, fell short of the level provided in 1995. The department was forced to cut some corners in the area of deployment and schedule some single coverage shifts. This creates an unacceptable safety risk for citizens and officers alike. Undirected patrol time was down. Undirected patrol occurs when officers are not actually responding to or following up on calls for service. This is when most traffic enforcement activity and burglary patrol take place. It is also the scheduling element which allows for timely response to calls for service and prioritization of emergency calls. The most dramatic shortfall, however, was in our schools. DARE and Junior Police happened, but GREAT (Gang Resistance Education and Training) did not take place and officer presence in the schools, especially in the person of the school resource officer has been almost non-existent. The officers hired as a result of the action Council took in November have finished the first stage of their training, have been certified for and assigned to solo patrol duty. The school resource officer will be returned to duty in the secondary schools as soon as the 1997 DARE program is completed. Time spent on community policing and crime prevention activities also fell far short of what should have occurred. Council had also requested information about growth experienced by other departments in the area. Area departments have grown since 1992 as follows: 1992 1997 13 Chaska 16 13 Savage 19 14 Prior Lake 19 18 Shakopee 22 (requested) At the conclusion of this discussion, Council increased the size of the Police Department to 22 sworn officers and authorized the appropriate city officials to accept the second COPS FAST grant. The second issue discussed was how many officers to hire. The following background information was provided: • On July 21, 1996, Officer James Englin left the department to join the Minnesota State Patrol. This position is funded by a COPS Grant. Permission to hire an officer to fill this vacancy'was requested. • On August 2, 1996, Officer Jordan Politz left the department for personal reasons. Permission to hire an officer to fill this vacancy was also requested. • Permission was requested to hire a second"Clinton Cop" officer under the COPS grant discussed previously herein. • Officer David Nelson had applied for a disability pension and would almost certainly retire before the end of November. Permission to hire an officer to fill this anticipated vacancy was requested for two reasons. First, based on past experience, the department felt high quality candidates would be lost to other agencies if they were not hired quickly. Second, it would be cheaper and more efficient to train four new officers simultaneously than to start three immediately and start a fourth two weeks later. The problem with taking this action was that if Officer Nelson's disability pension was not approved, the Police Department would have 23 sworn officers. Staff advised Council that if, in fact, Officer Nelson did not retire in November as planned, no attempt would be made to replace Detective Bisek who had indicated his intention to retire at the end of January 1997. This would return the number of sworn officers employed by the department to 22. At the conclusion of this discussion, Council authorized the hiring of Officers TenEyck, Lipinski, Schrot and Quick. At their meeting on March 4th, Council spoke of the number of law enforcement officers observed in Shakopee. Frequently, these officers are in Shakopee because they have business at the Sheriff's Department, the County Attorney's Office, Court or the Jail. Sometimes they are available to help out, sometimes they are not. Letters from Sheriff Nevin and Captain Mengelkoch of the State Patrol regarding deployment and availability of their officers are attached. The Shakopee Police Department makes every effort to work cooperatively and share resources with neighboring and concurrent jurisdictions. Deputies and Troopers who work this area have access to our building where limited office space is provided for the State Patrol. For just over three years, communication and cooperative projects between area agencies have been facilitated by the newly formed Scott County Chief's Association. A high degree of cooperation exists and area agencies help each other out whenever possible. Another issue considered by Council on March 4th was what use would be made of the new officer. As discussed last November, there is an expectation on the part of the Federal Government that some community policing activity take place as a result the personnel being provided through these grants. The plan was to assign an officer primarily to community policing activities starting around April 1st: Initial priorities would include crime prevention education, neighborhood watch groups, McGruff Houses, TRIAD and crime free multiple family housing. Existing liaison with groups such as the Shakopee Violence Prevention Task Force would also be maintained. BUDGET IMPACT Funds exist in the 1997 Police Budget presented to Council earlier this year because officers being paid more than entry level wages will be replaced with officers who will be paid entry level wages as illustrated below.. 1997 Budget. BUDGET INCOME PAID OUT BALANCE Officer Nelson $44,852.00 $ - Replacement $ - $31,514.87 $ 13,337.13 Officer Englin $36,149.00 $ - Replacement $ - $31,514.87 $ 4,634.13 Officer Politz $33,674.00 Replacement $ - $31,514.87 $ 2,159.13 97 Grant Cop $ - $42,356.00 $(42,356.00) 97 COPS GRANT $25,000.00 $25,000.00 1997 ENDING BALANCE $ 2,774.39 ALTERNATIVES: 1. Hire Craig Greenwald as a probationary police officer. 2. Hire Leann Hrncir as a probationary police officer. 3. Hire Abigail Hammond as a probationary police officer. 4. Hire no one. RECOMMENDATION: It has always been my policy to recommend that Council authorize hiring the number one candidate as established by testing unless something in a candidate's background indicates that hiring him or her would not be in the best interest of the City. In this case, Craig Greenwald represented himself very well during all phases of testing and has exhibited qualifications which indicate that he is the most suitable candidate for employment. For this reason, I respectfully recommend alternative#1. ACTION REQUESTED: Authorize hiring of Craig Greenwald by the Shakopee Police Department as a police officer at the monthly rate of$2,611.73 subject to satisfactory completion of pre- employment medical, physical and psychological testing and the customary 12 month probation period. S Ei ■ Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Robyn Wolfe, Vice Chair PUBLIC SCHOOLS Janet Wendt, Clerk Steve Schneider, Treasurer District Office Todd Anderson, Director Jessica Geis, Director Bob Techam, Director October 31, 1996 Tom Steininger, Chief of Police City of Shakopee 476 South Gorman Street Shakopee, Minnesota 55379 Dear Tom, The Shakopee Schools have greatly appreciated the assignment of an officer to work with our school students and staff, This program has made a very positive contribution to the students educational needs on a variety of topics. It has also been a great help in dealing with student situations that arise in which laws have potentially been violated. In addition, the comfort with and respect for law enforcement that students gain through an officer working closely with the schools is also of great value to our community now and in the future. I know you have experienced staff shortages on a regular basis. These shortages have resulted in having to pull the officer assigned to the schools for other duty for extended periods of time. While your need too is very understandable, principals have told me that they really feel the impact of the loss of the officer during these times. We hope you can find a way to achieve staff coverage and keep an officer working with the schools. We will do whatever we can to support the effort. The excellent working relationship between your department and the Shakopee Schools is deeply valued. Sin - ely, 41/1/4 obert ' and Superin endent RO/nb 505 South Holmes Shakopee, MN 55379 612 496-5000 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION AN EQUAL OPPORTUNITY EMPLOYER sigiKopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Robyn Wolfe, Vice PUBLIC SCHOOLS Janet Wendt, C erkChair Assistarincipal: Dr. Vicki N. Petzko nt Principal: Clay Arvidson Steve Schneider, Treasurer Junior High School Todd Anderson, Director Jessica Geis, Director Bob Techam, Director Mr.Tom Steininger October 31, 1996 Chief of Police Shakopee Police Department 476 Gorman Shakopee, MN 55379 Dear Tom, The purpose of this letter is to indicate my wholehearted support of your request to the Shakopee City Council for additional police officers. The Police Resource Officer program which was initiated in the 1994-95 school year has been one of the best city/school district collaborative ventures I have ever experienced. The daily presence of an officer in our school,even for a few hours,was invaluable. We were able to schedule him to do class presentations,meet with students,engage in conflict resolution,consult with parents,and be a resource in crisis intervention. It was rare that the officer was needed for "emergencies",but much more typical to rely on his presence for early intervention,education, and prevention. As you know,we have not had such an officer since last winter. As a result,we have had to drop the G.R.E.A.T. (Gang Resistance Education and Training)program and other educational presentations which are important for middle level students. In addition,we have not had access to the services described in the above paragraph. Safety issues,such as students crossing Marschall Road,have not received as much attention as they should. The officer's regular presence has been sorely missed. Your department has efficiently responded to our requests for emergency and other assistance, however,it has not been as effective as would be the response of a regularly assigned officer. The rapport which a police resource officer is able to establish with students allowi for beccer results from investigations,much more substantive communication with students,deeper understanding by students,and more confidence from parents. Tom Crocker was especially effective in this regard. If I can be of any further assistance in your request for additional officers,please do not hesitate to contact me. S' erely, ZesE/Th Vicki N. Petzko, Ph. D. Principal,Shakopee Junior High 1137 Marschall Road Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5752 AN EQUAL OPPORTUNITY EMPLOYER STATE PATROL DIVISION %�,l\ 2005 NORTH LILAC DRIVE♦ \ GOLDEN VALLEY,MN 55422 TTY:612/282-6555 A *�� FAX: 612/591-4676 +fes- TELEPHONE:612/591-4680 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY March 7, 1997 Tom Steinger Chief of Police Shakopee Police Department 476 Gorman Street Shakopee, MN 55379 Dear Chief Steinger: In reference to our conversation yesterday, I very much appreciate all you and your Department have done to facilitate the excellent working relationship our Departments enjoy. Unfortunately, due to our current staffing levels I cannot assure you that the State Patrol will be able to maintain any increased visible presence in your community. Although calls for service have increased 80% in the last five years, my current staffing level is below that of 1975 . While I previously maintained three Dawn Patrol Troopers in the Scott/Carver County area, many nights I an now down to five Troopers in the entire West Metro District which covers an area from New Prague to Cambridge. I am forced to keep the few Troopers remaining close to the metro freeways which account for the majority of our calls. As always, I will make every attempt to work with the Shakopee Police Department . However, it would be unfair of me to set an expectation higher than current staffing allows. If you have any other questions or concerns, please do not hesitate to ask. Sincerely, Stev gelkoch Captain, District 2500 SJM/mab ARRIIIVE A Dap.Mnnt of Public safety . WILLIAM J. NEVIN SCOTT COUNTY SHERIFF COURTHOUSE ANNEX A105 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1391 (612) 496-8300 911 EMERGENCY ONLY March 12, 1997 Chief Tom Steininger Shakopee Police Department 476 Gorman Street Shakopee MN 55379 Dear Chie ' roger: I am writing to let you know the availability of deputy sheriffs within the City of Shakopee. As you know, law enforcement personnel in each jurisdiction work a variety of rotating shifts. Within the Scott County Sheriffs Office, and as a result of the parking problems we have around the courthouse, the deputy sheriffs and detectives, if they live in the County of Scott, take their cars home. What this allows my personnel to do is to respond faster to an incident that occurs within one of the eleven townships. Since I have started this program approximately five years ago, our response time has generally been cut by a third, which is a significant amount of time when your dealing with a person who calls up for law enforcement assistance. With that in mind, our patrol deputy sheriffs are suppose to remain in their respective jurisdictions, not necessarily a township, but a general area of the county. Consequently, we do not have a number of law enforcement personnel in and around the courthouse at any one particular time. I do, in fact, have a number of detectives who work, however they are all doing other functions and investigating crimes that have happened in the townships, unless they are specifically requested by a city to assist with an investigation. The bottom line, Chief, is that there are not many deputy sheriffs in and around Shakopee for on call assistance. Sincerely, !Z-.)0 William J. Nevin Sheriff An Equal Opportunity/Affirmative Action/Safety Aware Employer 13. c . a - CITY OF SHAKOPEE 13 . 0 . , U . Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Police Civil Service Commission DATE: March 11, 1997 INTRODUCTION AND BACKGROUND: The City has received a copy of a letter of resignation from Mr. Don Hamilton from the Police Civil Service Commission. It is appropriate that the resignation be accepted and that the unexpired term be filled. I have been advised that when the Interview Committee interviewed candidates to fill the full term that expired the end of February there was a second candidate that the Committee was impressed with and would like to recommend her appointment to fill this unexpired term. Copy of the application from Ms. Kimberly Weckman is attached for Council consideration. A third candidate for the Commission, Mr. David Thompson, was appointed to the Shakopee Public Utilities Commission. Mr. McNeill has been in contact with Ms. Weckman and she is still interested in appointment. RECOMMENDED ACTION: 1. Accept the resignation of Mr. Don Hamilton from the Police Civil Service Commission, with regrets. 2. Nominate and appoint Ms. Kimberly Weckman to the Police Civil Service Commission to fill the unexpired term of Don Hamilton ending February 28, 1999. 9d tiAL d. , J th S. Cox City Clerk TPI321903 March 7, 1997 Mr. Stan VonBokern Chairman Shakopee Police Commission 933 South Scott Street Shakopee, Mn. 55379 Dear Stan; Due to my busy schedule and some unanticipated business opportunities, I will not be able to continue with my membership with the Shakopee Police Commission. When I volunteered for this position, I looked forward to many new challenges and adding my thirty years of local police experience to a Law Enforcement Agency that I have always had respect for over the years. During the years that I have lived in Shakopee and being active in leadership positions with volunteer organizations like scouting and veterans groups, I have always understood when one of my fellow volunteers made the choice of continued participation as a volunteer or leaving the organization for personal reasons. It is my decision to resign as a member of the Shakopee Police Commission, due to business reasons that caused me to stay in Florida longer than I originally planned. Best Regards -- MM 1....v‘..jf\,.. .g\( L 6 Don Hamilton c: City Administrator Name:Kimberly Ann Weckman Address:1075 Naumkeag Street, Shakopee,MN Phone: (H)445-8363 (B)361-1266 How long have you been a Shakopee Resident? 31 years Occupation: Investigation Assistant/Part-time deputy for Carver County Sheriffs Department. Does your work require you to travel? (Check one) A great deal Periodically X Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) My current job in would enhance the knowledge of other board members who might not have knowledge in the law enforcement field. Through my current position I have received training in several areas of law enforcement. I am also attending school to receive my A.A. degree in law enforcement. Board or Commission in which you are interested? Police Civil Service Commission Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I am very interested in the Police Civil Service Commission because the city of Shakopee is making such a strong effort to involve its community members to participate in making decisions that would directly effect them. I also believe strongly in the concept of community oriented policing and feel that if I can contribute in many ways to this concept that I would be giving back to my community by serving on this board of commission_ Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No X . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone): 1. Tom Gibbs. 600 E. 4th Street. Chaska. MN. phone 361-1244 2. Chris Dobratz. 600 E. 4th Street, Chaska, MN, phone 361-1206 3. Robert Hyde, 600 E. 4th Street. Chaska. MN. phone 361-1199 I hearby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signa re 97 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee CElVEO 129 Holmes Street South Shakopee, MN 55379 JAN 2 8 1997 CITY OF SHAKOPEE CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Land Acquisition Date: March 12, 1997 INTRODUCTION The City of Shakopee has expressed a desire to purchase some surplus property that had been acquired by MnDot for the Shakopee by-pass project. Of particular interest to the City is 12.06 acres of land adjacent to the west end of Tahpah Park. The purpose for acquiring the land is to 1) provide additional parking, 2)improve the archery range and 3)add a new softball field for adults. The Five Year Parks Capital Improvement Program identifies the acquisition of this land in 1997. See map of proposed area on Exhibit A. BACKGROUND The City is waiting to hear from MnDot as to when this property will become available for interested parties to buy. We do not know what the purchase price will be nor the current land value. In the mean time, staff would like to apply for matching funds through the Outdoor Recreation Grant Program for the acquisition. OUTDOOR RECREATION GRANT Outdoor Recreation Grants can fund up to 50% or maximum of$50,000 of total project costs. The remaining 50% "local share" can consist of local funding, materials, labor and equipment usage through the local sponsor or through local donations or combination thereof. In this case, the local match is strictly funding. Council should be aware there is only $225,000 available for the entire State for land acquisition. So,the process will be very competitive. A condition of the grant application is that cities hold public hearings for the proposed project and that Council pass a resolution in support of the City's participation in the Minnesota Outdoor Recreation Grant Program. If Council wishes to pursue this opportunity, it will need to establish a date for a public hearing and adopt a resolution in support of the grant program. In the past, these public hearings have been held during a Parks and Recreation Advisory Board meeting. The grant application is due March 31. In the interest of time, staff recommends holding the public hearing at the March 24, 1997 Parks and Recreation Advisory Board Meeting. The grant application also requires an appraisal of the property which we may be able to obtained from MnDot. ACTION REQUESTED 1) The City Council offer a motion to hold a Public Hearing on the acquisition of surplus property that had been acquired by MnDot for the Shakopee By-pass Project located adjacent to west end of Tahpah Park and the public hearing take place at the March 24, 1997 Parks and Recreation Advisory Board Meeting. 2) Offer Resolution 4636, a resolution in support of the City's participation in the Minnesota Outdoor Recreation Grant Program and move its adoption. Mark J. McQuillan Parks and Recreation Director RESOLUTION NO. 4636 A Resolution In Support Of The City's Participation In The Minnesota Outdoor Recreation Grant Program WHEREAS: it is the desire of the City Council of the City of Shakopee to provide parks and recreation opportunities that enhance the quality of life and I insure and protect the public safety of Shakopee residents; and WHEREAS: the City of Shakopee finds it desirous to acquire property adjacent to Tahpah Park for additional facilities that will address parking issues and needed recreational facilities; and WHEREAS: the City of Shakopee has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to ensure full acquisition of the proposed land and the ability to develop and maintain the property; and WHEREAS: the City has submitted a grant application in response to the Minnesota Outdoor Recreation Grant Program; and WHEREAS: successful grant applicants are required to fund at least 50% of the total project cost through local funding mechanisms: BE IT FURTHER RESOLVED,that the City of Shakopee hereby supports participating in the Minnesota Outdoor Recreation Grant Program and supports the use of local matching funds to be applied to at least 50%of the total project cost for the acquisition of 12.06 acres of land adjacent to Tahpah Park. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota,held this 18th day of March, 1997. Mayor of the City of Shakopee ATTEST: City Clerk 3-13-1997 1 :04AM FROM SHAKOPEE COM CENTER 445 8172 P. 2 STONEIMEADOW L:1"0 lltli :1. :g11111 II J� ~ -- .r=te--i --41"---1 11 j�� -•_ti __ S .-�1r -1 piik L Lrr • • _�y IP. x.14 l }i j W 4111 i 31 .,:•=7:z.-_,F+-1 i I Al .- , �- ;1;==; Nom: I. • • iif �_ i i, i t L1 i r =s�4. _ �.. t in '►t'.r;�, S .'+ »� .y ,�; y.ry,,lJn. yy,t.,. 9`i �Y A+c •A+r I• _- ..4 } `rit s 1,_.2 -.1,`• tt,�,,,��e ` Ai.1:7ri,'K ��,1'.. .!;0,-,:tf ' 'A,t.°'„%ikA+,y;i' k....-T• . 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Eli ! 2.g.t K. 4 t� ,25,..-:.. Y.d ,t V1 it Vass • es. ,00 a leo300 AMP Alp s2V ' i y N ■ }fie 4A SCALE: 1 11404 • 100 FEET 0ATE_ oc oecn 07, 1998 �..� cosec" .sagged CITY OF SHAKOPEE Memorandum 13. E . 1 . TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: V.F.W. Post#4046 Gambling License DATE: March 6, 1997 INTRODUCTION & BACKGROUND: The V.F.W. Post #4046 is making application to renew their premises permits for their gambling activities at 1201 East 3rd Avenue and at Turtle's Bar & Grill at 132 East 1st Avenue. They are in compliance with the Shakopee City Code. RECOMMENDED ACTION: Offer Resolution No. 4629, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the V.F.W. Post#4046, and move its adoption. i$3803 RESOLUTION NO. 4629 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, APPROVING PREMISES PERMITS FOR THE V.F.W.POST#4046 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, the V.F.W. is seeking renewal of their premises permits through July 31, 1999, for the following locations: V.F.W. Post #4046 at 1201 East 3rd Avenue and Turtle's Bar &Grill at 132 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 permits for the V.F.W. Post #4046, at the following locations are hereby approved: 1201 East 3rd Avenue and 132 East 1st Avenue, Shakopee, Minnesota. Adopted in Session of the City Council of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk 1. E. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fuller Street Reconsideration DATE: March 14, 1997 INTRODUCTION: The Council is asked to reconsider the vacation of Fuller Street, between Fourth and Fifth. Avenues. BACKGROUND: At its meeting of March 4th,the City Council voted not to close Fuller Street. The vote was 4 to 1.,with Councilor Sweeney being in opposition. The County has since met to discuss the issue. They have announced their intent to sue the City for damages related to this. They have also submitted a letter(attached) stating their further intent to move the Courthouse facility from the downtown area should Fuller Street not be closed. PROCESS: Should the City Council wish to reconsider, it would first need to suspend Robert's Rules of Order. Then, one of the Councilors voting in the majority would have to move to have the process brought back for reconsideration. This would then be considered to be a new request, and a public hearing would need to be scheduled. In an effort to accommodate the County's short time frame, we have asked the Valley News,the City's official newspaper,to hold an area for a legal notice. This would then be published and posted for two consecutive weeks. This would mean publication on March 20th. and March 27th. The earliest a public hearing could be held would be April 8th. Mayor Henderson has called for a Special Meeting on that date to consider the request. RECOMMENDATION: If the Council wishes to reconsider, recommendation is to call for a new public hearing,to be held at a Special Meeting to be held on April 8th at 7:00 PM. ACTION REQUIRED: If the Council concurs, it should, by motion, offer a public hearing to be held at a Special Meeting at 7:00 PM Tuesday, April 8th. \/U L vid.a c-(,(i.Q Mark McNeill City Administrator MM:tw nnr-14-ai r>zI 1U41U nUIIiIUJIRni 1UI rnn nu. OIL47ooiou r. ul ' a • ,SCOTT COUNT, -..j BOARD OF COMMISSIONERS COURTHOUSE 109 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-I382 RALPH T.MALI,DISTRICT I (612)496-8100 DALLAS BOHNSACK,DISTRICT 2 Fax: (612)496-8180 ART BANNERMAN,DISTRICT 3 -- BARBARA MARSCHALL,DISTRICT 4 ED MACKIE,DISTRICT 5 March 14, 1997 Post-Ir brand fax transmittal memo 7671 N of pages► 6 N i jv4440 From Co. Co...001 Honorable Jeff Henderson y/`---40 7/7 Fez" Mayor, City of Shakopee 129 S. Holmes Shakopee, MN 55379 Dear Mayor Henderson: Thank you, Councilor Zorn and Administrator McNeill for meeting with me, Commissioner Bannerman and County staff As you are aware, on Tuesday, March 11, the Scott County Board of Commissioners discussed the ramifications of the Shakopee City Council's decision not to vacate Fuller and Atwood Streets as part of the County's master plan. The County Board wanted to provide the City Council with another opportunity to consider the ramifications of its decision. The justice center project team provided the County Board with cost estimates of alternatives to cross Fuller Street, which included a tunnel, a skyway, and a skyway with lobbies (see attachment 1). Given the costs of these options and the insurmountable operational inefficiencies, the County Board agreed that these options would not be suitable for the County's long-range objectives. In addition, it is the County's position that the City of Shakopee agreed, pursuant to resolution (see attachment 2), that "The City of Shakopee will work with Scott County to develop a transportation plan that will effectively provide access to the complex site and to support the vacation of streets as necessary to implement the transportation plan for the area." The Scott County Board of Commissioners is requesting that the City of Shakopee honor its commitments and reconsider the vacation of Fuller Street as a minimal condition to the County's future consideration of the downtown Shakopee site for the justice center. An Equal Opportunity/Safety Aware Employer iinsa 14 ai rtti 1U. 11 nutt1lytattint ikin rnn mi. ui - ooiou C. UL Honorable Jeff Henderson - Page 2 If the City Council does not allow the vacation of Fuller Street, then the County will have no alternative but to seek the location of the justice center elsewhere Special legislation passed in 1989 (see attachment 3) provides for location of the offices of County Attorney, Court Administrator, Sheriff, District Court and County Jail to be constructed anywhere within the County at the discretion of the Board. As we mentioned in our meeting, the County has been approached with several offers of donated land for this purpose. Let me be clear— a majority of the Scott County Board of Commissioners have agreed to move the construction of the justice center from its present planned location to a location outside of the downtown area if Fuller is not vacated. The County would like to work in partnership with the City to construct the justice center. However, if evidence of this partnership is not forthcoming in the form of a resolution to vacate Fuller Street, the County must act to protect the interests of Scott County taxpayers. The Board of Commissioners has directed the County Attorney to prepare a lawsuit to recover any and all costs and damages that the County has incurred to date in the development, purchase, design and construction delay of the justice center at its downtown location as the result of the City's actions. The County stands ready to provide any additional information that you need in order to expedite your decision on this matter. As you and Councilor Zorn outlined at our meeting, the future viability of downtown Shakopee is dependent on the courthouse facilities remaining where they are. The County agrees. Therefore, the Council's decision on the vacation of Fuller Street stands to impact the future of Shakopee for years to come. Sincerely, ‘,./401 Ralph T. Malz Chair c: Scott County Board of Commissioners um-14-Jt rat 10. 11 nU1t11Y1J1nn11VlY CnA IYV. 010400010U r. U� iw 10 '97 0';04Pti WOLD ARCHITECTS ,F.e 10 • Cott CourJustic ,iter *Wald/Turner Team. • March 11, 1997 �EVIEWE ANO AGREBY TURNER O TiN�EDy COSTS OPTION 1: Not Budding link Tunnel S 180,000 (credit) 440 Increase Basement Cast $ 115,000 $ 11 Work at County Services ,000 Street $ S0►000 Entry at County Services60,000 Entry at Justice Center $ 60,000 1.19.4m • Construction Cost $ 565,000 Project Cost(x 1.25) $ 706,000 OPTION 2: Link Cost Savings Skyway 200' x$7,000 $ 180.000 (credit) S 1,400,000 Entry at County Services $ 60,000 Entry at Justice Center $ 60.000 Modifications at County Services 0 (included in skyway Costs) Construction Cost $ 1,340,000 Project Cost(x 1.25) $ 1,675,000 OPTION 3: Link Savings Skyway $ 180,000 (credit) Lobby (existing) $ 'f,630,000 5 630,000 Lobby(Justice Center) $ 630,00 Construction Cast $2,480,000 • • Project Cost(x 1.25) $ 3,100,000 1 U-U4-t't-0► r i i i o• !c t1U►71 m o i mil► l u►Y r tin iYu. u i C' o f ou Y. U4 RESOLUTION NO. 4386 A RESOLUTION OF SUPPORT FOR THE DEVELOPMENT OF AN EXPANDED CAMPUS AT THE EXISTING • SCOTT COUNTY COURTHOUSE SITE WHEREAS, it is in the best interest of both the City of Shakopee and the County of Scott to provide for the expansion of the Scott County offices/courthouse campus adjacent to the eadsting Scott County Courthouse;and • WHEREAS, the Shakopee City Council previously agreed to take certain actions which will facilitate the construction and expansion of the courthouse campus; and WHEREAS, the Shakopee City Council agrees to do the following in order to promote the intent of this agreement: I) The City Council endorses the concept of a planned unit development(PUD)for the courthouse campus in order to provide Scott County with assurance that future buildings can be constructed at the expanded courthouse site in a manner consistent with the . County's expansion plans. 2) The City will work with the County in an attempt to insure that the City's parking requirements will not impose a hardship on the County. 3)Building heights will be addressed through the PUD process. 4) The City Council agrees to participate in the process of assembling parcels of land for courthouse expansion, including land acquisition and relocation. 5) Reimbursement agreements will be entered into with the County if the City is assigned to act as the lead agency for acquisition and relocation purposes. 6) The City Council will participate in the acquisition and possibly share the cost for other land which maybe used for shared parking for both entities. 7) The City agrees to waive all building permit fees as they relate to this project, provided however that the standard sewer access charge, water access charge, and building permit surcharge fees which are passed through to other jurisdictions will be charged as usual. 8) The City of Shakopee will work with Scott County to develop a transportation plan which will effectively provide access to the complex site and to support the vacation of streets as necessary to implement the transportation plan for the area. 9) The Shakopee City Council will fund the relocation of utilities including water, sanitary sewer and storm sewer facilities as necessary for the development of the campus site. rinri-1'f-or rill !u. is null! i. roti 1VtY Ct1A NV. O1L4yO 1dU r. U5 NOW, THEREFORE BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF •- • • SHAKOPEE, MINNESOTA, heartily re-endorses the concept of working with the County of Scott on the expansion of the Scott County Courthouse Campus. Adopted in dAA L session of the City Council of the City of Shako M�nr�esota, held this 6 day of Pee, 1996, ./„./,,,‹ -:-....0%:„.. .- - ,/ '• -f •e City of Shakopee �. ATTEST: • Q 4±4---c:J-4 C-—----—. i Cleric pied as to form. -I . , 4 ':IIIL�a ity Attorney 444.4 . . ... . ... ...• 1J i1L111111U1111111V11 inn 17v. UILYOVUIUU C. UO • BOARD OF COUNTY COMPRSSIONERS SCOTT COUNTY,MINNESOTA • Cate__,S�tsl2�j�g� ' Resoiutlon No. 09099 Motion by Cofnlntasloner Strom all Seconded by Commissional_A niarskf RESOLUTION MO. 89099; AUTHORIZING THE PILING OF CERTIFICATE OF LOCAL APPROVAL OF MINNESOTA LAWS OF 1989. CHAPTER 348 WHEREAS, Minnesota Laws of 1989, Chapter 348, pertaining to the location of certain County offices. the location of district court quarters and a county jail requires that the Scott County Board file a Certificate of Local Approval of Chapter 348 with the Office o athe Secretary of State of Minnesota in compliance t. $645.021. Subd. 38 and WHEREAS, Minn. Stat. 5645.021, Subd. 3 requires that the County Administrator, upon approval of a special law by the County Board, shall file with the Secretary of State a Certificate stating the essential facts necessary for valid approval in accordance with the form provided by the Secretary of State for County approval of Minnesota Laws of 1989, Chapter 348. NOW THEREFORE, BE IT RESOLVED, by the Board of Commissioners in8and for the County of Scott, Minnesota, that Minnesota Laws, Chapter 348 is hereby accepted and approved; BE IT FURTHER RESOLVED, that the County Administrator is directed to file with the secretary of State a Certificate of Approval by the Board along with a copy of this Resolution of Approval StatecofwMinnesotahe orm andpfurnished cribed by the Secretathe ry �.. of State. • YES No Kontarald X X Konlemd_ Mani_ Y ead< SironweaN X Mertr_ IAadtie_ Siromwaq Mackie State of Minnesota }ss. - Croft asees (.mph F.Sties.Arh ap0a«ad.qualified ane acting count'Aanimsuator to the County Of scat.Slats of M nbeiwte.do hereby earthy til I hem Twee the foregoing cope,of a resolution County con.eieweoa,e.Swett with the original minutes of the pig 89111ga of the Beate Of office,are haw 1 CIti be flue a sots N their•aasien twig OA IM 31st dayd z tg noir ow w,in wt' ours 1M ulna to a a flue Slid Clued copy MOW- vninene my hire and official seal at Shakopee.Minnesota.this £fret • ler fir. 1989 ..--- / / C0.0g44.4.1 a.1.. 13• E. � . CITY OF SHAKOPEE Memorandum TO: Mark McNeill. City Administrator FROM: Toni Warhol, Administrative Secretary SUBJECT: Cost of Fuller Street Survey DATE: March 17, 1997 The following is information on what the cost of sending out a survey with the SPUC billing (this would be for a pre-stamped- return addressed postcard size survey) would be: SPUC indicated that they would need 7,000 postcards (no larger than 6 1/4 x 3 1/2) by Tuesday, March 21st, in order to go out with the next billing. The postage for 7,000 postcards (at$.20 per card) would be $1,400.00. Parkside Printing has given us a quote of$ 170.00 for the printing of the cards. Postage $1,400.00 Printing $ 170.00 Total $1,570.00 Scott County has asked the City to reconsider a request to close Fuller Street between Fourth and Fifth Avenues, which the City Council previously denied. Closure would be to allow Scott County to expand the size of the Courthouse building. Without it, Scott County states that it will be unable to remain at the existing site, and will move the Courts and Court Services to another site outside of the downtown area. This issue will be considered at a public hearing to be held at 7:00 p.m., Tuesday,April 8, 1997, at City Hall. The Council is asking for your input on this issue in a non-binding poll: Optional: ❑ YES, close Fuller Street between 4th& 5th Ave. Name ❑ NO, don't close Fuller Street between 4 & 5th Ave. ❑ No opinion/preference Telephone Please return this so that it is received at City Hall by April 8, 1997. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Toni. Warhol, Administrative Secretary SUBJECT: Cost of Fuller Street Survey DATE: March 17, 1997 The following is information on what the cost of sending out a survey with the SPUC billing (this would be for a pre-stamped-return addressed postcard size survey)would be: SPUC indicated that they would need 7,000 postcards (no larger than 6 1/4 x 3 1/2) by Tuesday, March 21st, in order to go out with the next billing. The postage for 7,000 postcards (at$.20 per card)would be $1,400.00. Parkside Printing has given us a quote of$ 1.70.00 for the printing of the cards. Postage $1,400.00 Printing $ 170.00 Total $1,570.00 Scott County has asked the City to reconsider a request to close Fuller Street between.Fourth and. Fifth Avenues, which the City Council previously denied. Closure would be to allow Scott County to expand the size of the Courthouse building. Without it, Scott County states that it will be unable to remain at the existing site, and will move the Courts and Court Services to another site outside of the downtown area. This issue will be considered at a public hearing to be held at 7:00 p.m., Tuesday,April 8, 1997, at City Hall. The Council is asking for your input on this issue in a non-binding poll: Optional: ❑ YES, close Fuller Street between 4th& 5th Ave. Name ❑ NO, don't close Fuller Street between 4 & 5th Ave. ❑ No opinion/preference Telephone Please return this so that it is received at City Hall by April 8, 1997. / 3. 6. 3 . CITY OF SHAKOPEE Memorandum TO: Economic Development Authority/City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Resolutions accepting bids on the demolition of Blocks 3 & 4 DATE: March 12, 1997 Introduction: The Economic Development Authority and City Council are asked to adopt Resolution 97-5, and Resolution 4635, respectively, directing the EDA and the City Council to enter into contract with Dulas Excavating of Wells, Minnesota for the demolition of Blocks 3 & 4 according to approved plans and specifications. In addition, the EDA and City Council are asked to approve a contingency of 10% over and above the contract amount for unforeseen additional cost items. Background: At the February 12, 1997 Regular Meeting, the Economic Development Authority passed Resolution 97-1, approving plans and specifications and ordering advertisement for bids for the demolition of Blocks 3 & 4. Eleven bids were received on March 4, 1997. TKDA, the firm retained to draw plans and specifications for the demolition, has recommended the retention of Dulas Excavating, Inc. as the demolition contractor. Dulas' bid was for $127,558.00. TKDA also recommends that the alternate bid of$12,400.00 for backfill be accepted in case there is a delay in the project. Backfilling the site is most cost effective during debris removal in that trucks returning to the site can be used to back-haul fill material. Backfill at a later time would be an added cost. Furthermore, if the alternate bid for backfill is deleted later, there is the possibility of the contractor crediting/refunding to the city only part(estimate: 50%) of this cost. Budget Impact: The eleven bid figures were very favorable for the city since the original demolition estimate from TKDA was $550,000, which included costs for asbestos abatement and removal. Should environmental problems (abandoned underground fuel storage tanks, uncapped wells, etc.) be discovered during excavation, remediation costs would need to be covered either as change orders with the demolition contractor, or as quotes to be taken for a separate contractor to handle. 34bidmmo.doc Recommendation: The Economic Development Authority and City Council adopt Resolution 97-5, and Resolution 4635, respectively, directing the EDA and the City of Shakopee to enter into contract with Dulas Excavating, Inc. in the amount of$139,958.00 for the demolition of Blocks 3 & 4 according to approved plans and specifications. In addition, it is recommended that the EDA and City Council approve a contingency of 10% ($13,995.00) over and above the contract amount for unforeseen additional cost items. Recommended Action: EDA: 1. Offer Resolution No. 97-5, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4, and move its adoption. 2. Authorize contingency of 10% ($13,995.00) over and above the contract amount for unforeseen additional cost items. CITY COUNCIL: 1. Offer Resolution No. 4635, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4., and move its adoption. 2. Authorize contingency of 10% ($13,995.00) over and above the contract amount for unforeseen additional cost items. Paul Snook Economic Development Coordinator 34bidmmo.doc RESOLUTION NO. 4635 A Resolution Accepting Bids On The Demolition In Blocks 3 and 4 WHEREAS, pursuant to an advertisement for bids for the demolition of buildings within Blocks 3 and 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement : BASE BID ALTERN TE #1 Dulas Excavating, Inc. $127, 558 . 00 $12, 400 . 00 Max Steininger, Inc $144, 900 . 00 $ 7, 500 . 00 Kevitt Excavating, Inc. $148, 053 . 00 $19, 800 . 00 Holst Excavating, Inc. $165, 000 . 00 $24, 000 . 00 Schreiner' s Trucking, Inc. $186, 700 . 00 $ 8, 500 . 00 Carl Bolander & Sons Co. $198, 167 . 00 $24, 618 . 00 Lloyd' s Const . Serv. , Inc. $211, 840 . 00 $38, 000 . 00 Veit & Company, Inc. $213, 069 . 00 $15, 712 . 00 DKH Excavating, Inc. $223, 148 . 00 $58, 500 . 00 Wickenhauser Excavating, Inc. $228, 800 . 00 $14, 000 . 00 Landwehr Construction, Inc. $258, 000 . 00 $29, 000 . 00 AND WHEREAS, it appears that Dulas Excavating, Inc. , P. O. Box 207, Wells, MN 56097, is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Dulas Excavating, Inc. , in the name of the City of Shakopee for the demolition in Blocks 3 and 4 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997 . Mayor of the City of Shakopee ATTEST: City Clerk (RES-EDA] RESOLUTION NO. 97-5 A Resolution Accepting Bids On The Demolition In Blocks 3 and 4 WHEREAS, pursuant to an advertisement for bids for the demolition of buildings within Blocks 3 and 4, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement : BASE BID ALTERNATE #1 Dulas Excavating, Inc. $127, 558 . 00 $12, 400 . 00 Max Steininger, Inc $144, 900 . 00 $ 7, 500 . 00 Kevitt Excavating, Inc. $148, 053 . 00 $19, 800 . 00 Hoist Excavating, Inc. $165, 000 . 00 $24, 000 . 00 Schreiner' s Trucking, Inc. $186, 700 . 00 $ 8, 500 . 00 Carl Bolander & Sons Co. $198, 167 . 00 $24 , 618 . 00 Lloyd' s Const . Serv. , Inc. $211, 840 . 00 $38 , 000 . 00 Veit & Company, Inc . $213, 069 . 00 $15, 712 . 00 DKH Excavating, Inc . $223, 148 . 00 $58, 500 . 00 Wickenhauser Excavating, Inc. $228, 800 . 00 $14, 000 . 00 Landwehr Construction, Inc . $258, 000 .00 $29, 000 . 00 AND WHEREAS, it appears that Dulas Excavating, Inc . , P. O. Box 207, Wells, MN 56097, is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: 1. That the appropriate Economic Development Authority officials are hereby authorized and directed to enter into a contract with Dulas Excavating, Inc . , in the name of the Shakopee EDA for the demolition in Blocks 3 and 4 according to the plans and specifications therefore approved by the Economic Development Authority and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1997 . President ATTEST: Secretary [RES-EDA] MAR-13-1997 16:3? TKDA 612 292 0083 P.02/03 TKDA TOLTZ.KING.DUVALL.ANDERSON AND ASSOCIATES,INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1500PIPERJAFFRAYPLAZA 444 CEDAR STREET SAINT PAUL,MINNESOTA 55101-2140 PHONE312/292.4400 FAX:112/292.0083 March 13, 1997 Mr.Paul Snook City of Shakopee 129 Holmes Street South Shakopee,Minnesota 55379 Re: Demolition of Blocks 3 and 4. Commission No. 11244 Dear Mr. Snook: Bids were received for the above referenced project on March 4, 1997. Eleven bids were received and a bid tabulation is attached to this letter. The low bidder on this project is Dulas Excavating Inc. with a bid of$127,558 for the base bid and$12,400 for the alternate bid. Dulas remains the low bidder regardless of the selection of the alternate bid. We have talked with representatives of Dulas as well as with references they have furnished and it is our recommendation the Dulas Excavating be awarded this contract. We also recommend the acceptance of the Alternate Bid. If backfilling of the excavations is not required,a credit for the alternate can be negotiated at a later date. V. \tru ,,yours, William E. Dcitner P.E. Project Manager Attachment An Equal Opportunity Employer MAR-13-1997 16:37 TKDA 612 292 0083 P.03/03 TKDA TOLTZ,KING,DUVALL,ANDERSON AND ASSOCIATES.INCORPORATED ENGINEERS•ARCHITECTS•PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL MINNESOTA SS10t•2140 PHONE;E12/282-4400 FM,612$292-0083 BID TAB SHEET BLOCKS 3 & 4 DEMOLITION CITY OF SHAKOPEE, MINNESOTA TKDA Commission No. 11244 Bid Opening March 4, 1997 1t ,. lxt+)( 'r kt ,k} , w,0-,,,i +) a •, f '' r ) r � : °) �i Mr�,w i ,1 +, � 4t !` ti , t 1y , ++i a))lr., r, ! u + 2 { , i 1, at` rt,t ,kf ,y ,)i 1, I I'Il1 t ;''. 1 a1 . l yu,� 6110. ,,, + t 1 �'i"ok Itrlti7�itmai'r><,I.-, +1�o. �y 1 �y ,t'_ A 7::,:i3 Tie,Y 1 i N ! tt I+{,' ti f Hwy ,„:1 1�,N. ; # S I HAA,!! ;1"S.itei-1474 ,�;1'..i,�, '� .�Tota1 , 1 Carl Bolander& 5% 198,167 24,618 222,785 Sons Co. 2 DKH,Inc. 5% 222,148 58,500 280,648 3 Dulas Excavating, 5% 127,558 12,400 139,958 Inc. 4 Hoist Excavating 5% 165,000 24,000 189,000 Inc. 5 Kevitt Excavating, 5% 148,053 19,800 167,853 Inc. 6 Landwehr Const. 5% 258,000 29,000 287,000 _Inc. 7 Lloyds Constr. Cashier's Check 211,840 38,000 271.024 Services, Inc. _ 8 Schreiner Trucking 5% 186,700 8,500 195,200 9 Max Steininger,Inc. 5% 144,900 7,500 152,400 10 VEIT&Company, 5% 213,069 15,712 228,781 Inc. _ 11 Wickenhauser 5% 228,800 14,000 242,800 Excavating, Inc. Art Equal Opportunity Employer TOTAL P.03 CONSENT i3 . � y. City of Shakopee MEMORANDUM TO: Mark McNeill FROM: Judith S. Cox, City Clerk DATE: March 12, 1997 RE: 1997 Set-Up License INTRODUCTION AND BACKGROUND: The Fraternal Order of Eagles #4120, located at 220 West 2nd Avenue in Shakopee wishes to renew their set-up license effective April 1, 1997 . Taxes are current and SPUC bills are current, as required bythe � City Code. There is no insurance requirements for a set-up license. RECOMMENDED ACTION: Approve the application and grant a Consumption and Display (Set- up) License to the Fraternal Order of Eagles #4120, 220 West 2nd Avenue. [EAGLES.MEM] s' CITY OF SHAKOPEE Memorandum TO: City Council FROM: Paul Snook, Economic Development Coordinator SUBJECT: Farmers' Market Possibilities for Huber Park DATE: March 14, 1997 Introduction: At the March 4th EDA meeting, staff was directed to come up with a plan/proforma regarding a possible farmers' market at Huber Park. Staff has conducted preliminary research on the possibilities of such a market at this location. Information was requested and received from the farmers' markets located in White Bear Lake and Richfield. In addition, staff obtained a publication from the Urban Land Institute titled Public Markets and Community Revitalization. These materials can be very useful in assisting the City of Shakopee determine its level of involvement in such a market. Upon reviewing the materials, staff recognizes that more research is necessary before the city's role in a farmers' market can be defined. There are many questions, outlined below, that probably should be researched and answered before a farmers' market plan and proforma can be developed by the city. • What are the goals and objectives of the market? • Who will own the market? (The entity holding title to the property where the market is located) • Who will sponsor the market? (The sponsor has legal and fiduciary responsibility for the market activity) • Who will manage the market? • What is the optimum site? • What types of market vendors will be allowed? • What will the merchandise mix be (types of products)? • What physical form should the market have? • etc. Attached are the farmers' market program guidelines for the cities of White Bear Lake and Richfield. I have also enclosed some key sections from the above-referenced publication from the Urban Land Institute. For Council's information, staff is requesting farmers' market information from the Minnesota Department of Agriculture and their "Minnesota Grown" program. Additionally, staff will be contacting members of the St. Paul Farmer's Market Association. mastrmmo.doc Staff suggests that a task force, involving representatives from the city, Downtown Council, the Chamber of Commerce and other entities might be the most favorable approach to developing a farmers' market. Recommended Action: Direct staff to continue researching the possibilities of a farmers' market for Shakopee, in conjunction with other organizational resources within the community such as the Chamber of Commerce and Downtown Council. 4$1 140 4/ Paul Snook Economic Development Coordinator mastrmmo.doc 1 Chapter 1 INTRODUCTION TO PUBLIC MARKETS ....__ PUBLIC MARKETS are making a comeback in rediscovering the fact that public markets—with their American and Canadian cities. From Seattle to emphasis on locally grown and locally made wares, Baltimore, historic public market halls and districts and on locally owned businesses—accentuate the have been redeveloped and upgraded,allowing them qualities that make their communities special. to compete in a contemporary retailing environment At a time when both the public sector and non- while retaining their essential,authentic elements. profit groups are looking for cost-effective economic New public market halls have been developed in development strategies,public markets can address Lynchburg,Virginia,and Hartford, Connecticut,as social and economic problems without the need for well as in Canadian cities such as Vancouver and ongoing subsidy.Although start-up costs generally Montreal. Public markets in the open air, including require public or philanthropic support, successful many farmers' markets and crafts markets, have public markets operate self-sufficiently and can ful- sprung up in cities throughout the country, attract- fill an often elusive aim of public/private partnership: ing people back to the public spaces of their down- the achievement of public sector goals through the towns and neighborhoods.Whether as weekly out- harnessing of private sector means.Markets are a door events that convene only in the warmer months, proven vehicle for nonprofits and the public sector indoor market halls that operate every day year- to get involved with entrepreneurial activity. round,or entire market districts,public markets are As for the term"public market,"its meaning providing a number of American cities with an ef- has changed over time and still differs from place to fective strategy for revitalizing urban communities. place.Traditionally,a public market has been de- The reasons for the renaissance of markets,one fined in the United States as a municipally owned of the oldest and most widespread forms of retail and operated building in which vendors sell fresh trade, are diverse. Cities looking to bring consistent food from open stalls. While some public markets activity to their public spaces are using regularly still match this definition, the diverse examples of scheduled markets to transform streets, plazas, and public markets offered throughout this book suggest parking lots into bustling"people places,"alive with that a wider concept is needed. Public markets come vitality and commerce.Public markets are valued be- in many shapes and settings, offer a broad range of cause they create common ground in the commu- products, and are owned and operated by various nity, where people feel comfortable to mix, mingle, types of organizations, not just city governments. and enjoy the serendipitous pleasures of strolling, In addition to the old-fashioned public market build- socializing,people-watching,and shopping in a spe- ings, today's definition of public markets also em- cial environment. Other observers see public mar- braces many farmers'markets, crafts markets, and kets as an effective way to support local economic even some flea markets. Public market districts, development and small businesses in their own cities. which can incorporate the elements of these types As distributors of needed goods and services, mar- of markets along with those of more traditional types ket merchants and vendors provide farm-fresh fruits of retailing, are a particularly exciting form. and vegetable , ethnic foods, crafts, and personal At their most basic, markets inc1u le vendors services that often are unavailable elsewhere at the or merchants who meet regularly at th same loca- same level of quality, v,driety, and price. People are tion; a sponsoring entity that holds legal and finan- 2 PUBLIC MARKETS AND COMMUNITY REVITALIZATION Ism ! ,i. ! a _ • _ L. ...,17; x f ,� .. rr may• ''�"'�� 1,.....--01.V.4; �1► illir-2: amL s a t '' ,4s„s?.3 _L -pa^.' � •� f, +gra l ai ;,.'i . a ...4_ ;;-.1.-4-1...' r S t n•:. w F ,..1.4.-: f tel\ ,,, ., r ,.9+." ,. °'.<$ 'A * • ,' 7v" act ' 'VA. . i. 4 4A. ' +.. � t -d** •i s-� 4“1- 6 " rr � � •- f. jar �• t Let . 7 f *_ For more than 200 years, the Central Market in Lancaster,Pennsylvania, has served as a center for the sale of fresh food and local products grown and produced predominantly by the area's Amish population. Three days a week, the market hall fills with merchants,making it a principal anchor for the downtown shopping district. cial responsibility and that oversees operations;and, public market can become the heart and soul of in some cases,the structures or facilities in which a community,its common ground,a place where the market activity is housed. Three characteristics people interact easily, and a setting in which distinguish public markets from other types of related other community activities take place. It is im- retail activity: portant to note that a public market need not be located on publicly owned land.As long as the 1. Most important,public markets have public goals. privately owned land is easily accessible,the mar- Public goals give a defined public purpose to the ket may be perceived as public space. market activity. Typically, these goals might 3. Finally, public markets are made up of locally include: attracting shoppers to a downtown or owned, independent businesses that are operated neighborhood commercial district, providing by their owners,unlike the ubiquitous franchises affordable retailing opportunities to small busi- that dominate retailing today.This characteristic nesses, preserving farming or farmland in the helps account for the local flavor of public mar- region, activating the use of a public space, or kets and for the distinctiveness of the shopping displacing an undesirable use of a public space. experience. By extension, it means that festival Understanding and clarifying these public goals marketplaces, such as Faneuil Hall in Boston or are important steps in the market development Harborplace in Baltimore,generally are not consid- process. Deciding who determines the goals and ered public markets. Although they consciously how they will be implemented is also crucial. attempt to promote a market atmosphere,today's 2. Second,a public market is located on and/or cre- festival markets are dependent on nationally ates a public space within the community.This based retail chains. Public markets deliberately is the visible aspect of a market:an inviting,safe, seek out local entrepreneurs and businesses and and lively place that attracts a wide range of peo- therefore offer an alternative to common retail- ple. As an effective place where people mix, a ing practices. INTRODUCTION TO PUBLIC MARKETS 3 Early every Saturday, more than 200 vendors transform a plaza and an adjacent parking lot under a freeway into a bustling crafts market that at- tracts thousands ofcustomets.This river .7-7..; front district in downtown Portland, µ. . ti �1 ,. Oregon,was once nearly abandoned. a r pr.?, , t,, ,e1 ,t i . , 14-4 ,--:„ i , , . ABOUT THIS BOOK r - QED i ,..o.OSEI1� o _ �e • • • •bc F Public Markets and Community Revitalization is . ' • eY1 %OE. '@ i meant to encourage people concerned about local once ,,,,,..F,.!.,: mmuiu e ':? 'mt, e • `he•� economic development, urban and regional plan- :i-this vers�fo� e-e• to ;cin •ru 58:s' � '. � ning,and the vitality of cities and nearby agriculture .,41.4,44.A;i ! : ` to take an informed look at creating new public mar- Peter Fa! kets or expanding their cities'existing markets or Peter Faneuil, Old Frenchman in your grave, market programs. The authors address two funda- 'Twas not for tourist folderol mental questions: How can public markets offer Your deed of trust you gave. an effective strategy for revitalizing a community? And what is involved in establishing and operating You planned and gave A Market Hall a market? To answer the first question,the first three chap Designed for honest trade, With quarter up above, where men ters of the book define and describe the various types Could call a spade a spade. of public markets common today, give a short over- view of the long history of public markets, examine Here orators the benefits of public markets to communities,and in ages past discuss the challenges of developing and operatingDave mounted their attack g p g undaunted by proximity such markets. This information should lead to an i Ofsausage on the rack. understanding of how public markets can represent effective strategies for community revitalization. Here men have shouted A To answer the second question, Chapters 4 t on age, through 9 describe a model planning and implemen- With fervor for their cause tation process for developing a successful public And,going hohome, brought nourishment To steel a freeman's jaws. market. A"successful"venture is one that will be, rf at minimum, financially self-sufficient in its opera- Let tourists come, tions and contributory to the physical, social,and Let tourists go economic revitalization of its community. And carry home belief Finally, in Chapters 10 through 12,this vol- That Boston Patriots are backed By honest Yankee beef! ume examines management issues, suggests ways in which markets can evolve over time to expand their benefits,and offers projections for their future. Source:Walter Muir Whitehill,Boston:A Topographi- cal History(Cambridge:Harvard ilniversity Press, While this information should serve anyone 1968),p.44. interested inublic markets,ets, the book particularly 4 PUBLIC MARKETS AND COMMUNITY REVITALIZATION x+j� ' .ft_S+.�SQ "'„..4.4.5::::,,,, dk ,[i,{d 1 �� - i ,.,, f.• ''i O Y /• V's* W: •�i' it I '.:7 l a v ti zOrS iA, 9 • !e!1, v , r 4p me 11 2° , �.�/ , . AZ�• �� , .011%, 1 , ll , f • , a / / i0, 9`, _ _ ". }, SAF4..P . r. a • I- V.'� � / j �1 ,.—.- OYSTERSCLAM8 C , 'a '• '' ' •;w_, 1,fl l 4 ''' ,. I .:-.7-?'-'!' ` {t eF i 4 f M -, 1k is 'iii a v .•i. t --- TYPES OF MARKET VENDORS ... THE DEFINITION of market vendors varies among : is Harry Ochs from Reading Terminal Market in `cities and markets.Typical definitions include: Philadelphia(C). Farmers.Individuals or families who produce or Prepared-food vendors.Vendors who sell food raise the products they sell, such as this pumpkin that is ready to eat at the market or to take home,as grower from the Dane County Farmers'Market in they do at this Oyster Bar in the Lexington Market Madison,Wisconsin(A). in Baltimore (D). Crafters. Individuals who design and make by Flea vendors.Individuals who sell used or new hand all the items they sell, such as this artist from mass-produced items,such as this belt vendor at the the Indian Market in Santa Fe, New Mexico (B). French Market in New Orleans (E). Fresh-food merchants.Business owners who In addition,public market districts contain inde- sell mainly fresh but also processed foods that pendent owner/operators who sell goods and serv- have been produced by others. Such a merchant ices that serve local needs. addresses one participant in the public market de- uted to this change. First, many community-based velopment process: the sponsor.The sponsor is de- organizations have expanded their activities from fined as the organization bearing primary(typically, the advocacy and planning of projects to include legal and fiduciary) responsibility for the public actual project development. Certain CDCs, for in- market. For present purposes,the sponsor will be stance,have achieved notable success as developers the organization, group of individuals, or group of of low-income housing.Second,downtown manage- organizations that can decide to develop a market ment organizations nationwide are running special and can follow through on that decision. event programs and supplementing city services. Widely varied organizations recently have be- These nonprofits have gained relevant experience come involved in sponsoring markets.Some of these and have adopted an aggressive, project-oriented entities include local government agencies, commu- attitude that can be transferred to running a public nity development corporations (CDCs), churches, market. They see the need to branch out from their downtown management organizations,local devel- existing programs into new areas that will benefit opment corporations, public corporations, and not- their communities, especially in the sphere of local for-profit organizations. While local governments economic development. have been involved with public markets since an- While an organization's attitude is important, tiquity, the increase in participatior.by community- attitude alone will not overcome some of the inher- based organizations and downtownassociations is ent limitations of many nonprofits: small staffs, vol- a recent development. Several facie rs have contrib- unteer boards, limited financial resources, poor com- INTRODUCTION TO PUBLIC MARKETS 5 munication skills,and unpredictable revenue streams. one location in 1975; by 1994, Greenmarket oper For any development project to attain success, it ated 20 farmers'markets throughout the city,some must be within the capacity of the developer to of which function year round.A potential sponsor accomplish. Luckily,the wide spectrum of market with limited resources can start its involvement with forms offers many possibilities for projects that can public markets by conceptualizing and developing provide a significant impact without overreaching a low capital, open-air market that operates once a the organization's fmancial and managerial capacity. week for several months. Even on this scale, the An organization need not aspire to (and, indeed, market will exert a significant,positive impact on sometimes must be discouraged from) building a the life of a community.With time and experience large scale market hall with dozens of full-time yen- be with ground level success,the market might dors,when a simpler and less risky alternative exists. be expanded to take advantage of new opportuni Simpler projects sometimes can accomplish many ties that will broaden its impact. of the same public goals without overwhelming the organization. Furthermore, capital-intensive projects will require heavier debt loads, and the more debt a market project carries,the more it must be driven by financial considerations rather than public goals. Unless the sponsor has adequate capacity to under- take an expensive project, it actually might jeopard ize its public goals by undertaking something overly complex. Therefore, care must be given to match- ing the organization's capacity and goals with the appropriate form and scale of public market. Many of today's large, successful public mar- kets have evolved from modest beginnings, with little initial capital investment. Pike Place Market in Seattle,generally recognized as the premier public market in the United States,began with farmers sell- ing produce in the open air on a downtown street; today,the market includes hundreds of farmers,crafts- people, and independent businesses. The Green- market program in New York City got its start with r�'�e 's*ri 'j 35s g.,''`'-'7,;44."',Y'*--:`,''' ;.w n s, ¢�}}Ys < r • ^ ar 'k r .s x'* .A . E �, "a '4'iF r, 55 "Ca7y s&5. t „ tsyv §$r «x-� ..S .:i° ^+ az 3 '"s ) �2' r k { per err k ; BENEFITS OF PUBLIC MARKETS 23 PASCO FARMERS' MARKET shopping street through a small plaza.The city agreed to allocate its Community Development Block Grant Pasco, Washington (CDBG) funds to pay for a $45,000 shed to cover the parking lot.When the farmers' market was not By the mid-1980s,the downtown of Pasco,Washing- in operation, the site would continue to provide ton, was suffering. Suburban shopping malls had parking spaces. lured stores from the main downtown shopping From the first days of the farmers' market's streets,and retailers who remained downtown found operation, the downtown began its regeneration it increasingly difficult to stay in business.Vacancies into a viable retail center. Shoppers came not only mounted, fewer shoppers came downtown, build- from Pasco but from neighboring cities. Today, the ings deteriorated,and shoppers complained that the PDDA estimates that about 7,000 shoppers visit the area was unsafe. With a decreasing tax base and lit- market on a busy Saturday. At peak season, they tle hope for significant assistance from the state or are treated to a tantalizing selection of fresh fruits federal government,the continuing downward spi- and vegetables, breads,juices, vinegars, and other ral of deterioration seemed assured. Some commen- specialty products,sold by about 80 individual farm- tators even suggested that the city should bulldoze ers. While farmers were the specific draw,downtown the downtown and start over. business owners had streams of potential shoppers This scenario has been experienced by many walking in front of their stores. smaller cities. Changing demographic and transpor- After the first year of operation,the PDDA knew tation patterns, lack of investment, and the growth the market was a success.Additional CDBG funds of the retail chain-store industry have all contributed were allocated to build a second she d next to the to our cities'decaying commercial districts. How- first one to accommodate more sellers. The market ever,the overwhelming pessimism about downtown has continued to grow every year and currently Pasco was reversed,largely because of the success operates every Wednesday,Thursday,and Saturday of the Pasco Farmers'Market. from May until November. The farmers'market grew out of a festival spon- Pasco's open-air farmers'market spurred op- sored by the Pasco Downtown Development Asso- portunities for community revitalization in a num- ciation (PDDA), an organization made up of down- ber of ways.When some of the vendors in the farm- town business and property owners. In 1985,the ers'market wanted to sell products like vinegars, PDDA invited area farmers to participate in the first jellies,breads,and pasta on a year-round basis,they Cinco de Mayo Festival.The festival was a great suc- worked with the PDDA to create a permanent in- --- cess cess and attracted people back to the downtown, door market.Other citizens in the community wanted suggesting to some citizens that they should not the opportunity to participate in the market though give up on the downtown. they were not farmers or food producers.In response Over the next year, the city and the PDDA to this demand for additional vending space, the worked together to establish a permanent site for a PDDA made a deal with a downtown property owner farmers' market. The two parties selected a city- and took a month-to-month lease on a prominent owned parking lot,which was connected to the main vacant building across the street from the farmers' In Pasco, Washington,steel sheds i .,' '^_ were built at a cost of$45,000 and ,„,-,,s,:.-, . t ' :r $55,000 in 1986 and 1987, respec- tii� tively. The city allocated Community } yr: Development Block Grant funds to k..- v -I' i • pay for the construction. i rtrte s7 [ ,�W � '.„.. (:i44a F t, - rye_ t, ; 1�4*-3 4-.l-.-k^. ,- ...; i 7.a ..., ( 4.3: 76 r- w111 • " ?. , -.--v-,,,€^ mr x ms's"' u% , :, " s1 ri,cz„ , = r. 24 PUBLIC MARKETS AND COMMUNITY REVITALIZATION Pasco lies in eastern Washington State along the Columbia River. Originally �, a railroad town,Pasco grew up quickly R . AL1 in the 1940s with the development of %� .._._ intensive agriculture throughout the 4 ,� -1'7. __, u�l ' I'18.. region.About 18,000 people live in T. ,ti x;11 t, , , p• _ , "`t7' Pasco,and 140,000 in the region. ' Following a period of steep decline, r 1'r. -4 ' r i people from throughout the region 7 , ;; ,l r- k' ti now flock to the downtown for the J > farmers'market. ,' c-.,.. -1.,t. % ,; , ii." 1 �� etw ik g 9 7 : ;.1 ` .>ti p ! ., i' rr &` dad+ ‘ market sheds. The PDDA opened the Pasco Village Besides these tangible signs of rebirth in down- Marketplace in November 1987,in time for the holi- town Pasco,the success of the farmers'market can day season,with space for local food producers,crafts- claim credit for less visible benefits.Since the down- people,and sellers of collectibles.Within a year,more town hit bottom in the late 1980s,when the city felt than 100 vendors had products represented in the compelled to demolish many blighted and aban- Village Marketplace,which sold items on consign- doned properties,there has been a renewed inter- ment.The PDDA hired Goodwill Industries to oper- est in the downtown among the region's real estate ate the marketplace on a day-to-day basis; Goodwill community.This section has become the obvious used the facility as a training enclave for its clients, location for areawide events, some of which focus who learn cash-register, maintenance, and basic on bringing together the city's diverse yet historically management skills. divided ethnic groups. For years now, the Pasco Like the fanners'market,the Village Market- Farmers' Market has been the place where the re- place is a natural, informal business incubator: it gion's black,Latino, and Anglo-American residents offers small business people a low-cost opportunity have come together in harmony on a regular basis. to market their products in a supportive environment. Revenues from the farmers'market began to At the Village Marketplace, someone else even will make a significant contribution to the operating sell their wares for them so the tenants can focus on budget of the PDDA,allowing the executive direc- production. Within two years of the marketplace's opening, four businesses had become so successful e . that they moved on to larger spaces,two in formerly e vacant downtown stores. - The Village Marketplace alone did not satisfy l the demand for small-scale, inexpensive retailing E. � _� space in Pasco.A private property owner responded L ,,,,, "-- to the success of the farmers' market by converting his storefront into the 4th Avenue Marketplace. In g"° — ,,,, "'x 1990, six-foot-square spaces were available for$44 /� � . 'va " g t u. per month; separate ten-foot-by-12-foot booths rented for $120 per month. 017: 1 The success of the Pasco Farmers'Market made - - retailers throughout the region reconsider locating -- "` downtown. One astute business woman recognized that the primary clientele for her medical supply busi- To expand on the success of the farmers'market, the Pasco ness, elderly women throughout the region,matched Downtown Development Association took a master lease the demographic profile of many farmers' market on a critical downtown property and converted it into the shoppers. She followed her customers to Pasco and Pasco Village Marketplace.Farmers sell processed goods, rented a building next to the farmers' market. and crafters can sell on concession throughout the year. BENEFITS OF PUBLIC MARKETS 25 tor to pursue other business opportunities for the `` organization. The success of the market and its spin-offs also reinforced the entrepreneurial instincts _ of the PDDA's own board of directors. - For Pasco, the Farmers'Market has been an .:_ important first step in unlocking the potential of what many considered a down-and-out community. _ , c Pasco's story shows how local business associa � - _ tions, working in tandem with the city and small 2-'.' \ business owners, can take entrepreneurial risks to e �= ' _�y , fulfill a town's historic function as a place of trade = 4 er • — _ =. and gathering. +++ _ "r, ----- '--- , I PUBLIC MARKETS CREATE The Union Square Greenmarket is the largest fanners'mar- ; DYNAMIC PLACES ket in New York City,attracting more than 20,000 custom- ers on a busy day. The market operates four days a week, Organizations involved in community revitalization year-round. • increasingly have become aware that healthy com- , I munities need vibrant public spaces. In larger cities, much downtown development has turned its back t on city streets: suburban-style indoor malls, office It::1 buildings,and hotels are cut off from the street by ' pedestrian tunnels and bridges.With fewer people � ` ` � .� 4'' , on the street, urban areas have become less safe, • ', more segregated,and devoid of active street life.To , �� overcome the decades of urban development that � 1p+. '_. ----1 �`7' ' r , have rejected the street,positive activities must be "' ` ' ..A. 'f �-a r ":; r , introduced to entice people back onto the street. In f \,_,'1 l' . `� smaller cities once-vibrant main streets often have # ,, 1�'°` ' 'K ' `' fared poorly when faced with competition from sub- urban malls.Small-town public spaces,such as court- �f�; house squares or town greens, offer a competitive !t 4 advantage: a sense of place that cannot be replicated. The Heart of the City Market takes place on a plaza in Outdoor public markets, in particular, are ac- front of City Hall in downtown San Francisco. 21_ tive places and encourage people to leave their cars or office buildings and use the public space where the market is located. Unlike festivals and special of the city's most vibrant neighborhoods,alive with events,markets actively use a public space on a regu- new businesses and housing.As many as 80 stands lar basis, thus making an area safer. Some markets fill the site four days a week,attracting 20,000 cus- have displaced undesirable street activities, such as tomers on a busy Saturday. In 1991, Greenmarket drug dealing, thereby reclaiming formerly unsafe became the second public market(after Seattle's Pike places through the positive activity of the market. Place)to receive the prestigious Rudy Bruner Award Union Square Greenmarket in New York City pro- for Excellence in the Urban Environment. vides an excellent example. By the mid-1970s,Un- Conversely, large civic spaces, designed for ion Square Palls practically had been abandoned to ceremonial or aesthetic purposes, can serve an ad- drug dealing and prostitution; few area residents ditional function as homes to outdoor markets.The dared venture inside its boundaries.In 1976,Green- Heart of the City Market attracts hundreds of farm- market opened at the northern edge of the park, ers and thousands of customers to the large plaza ,( with 15 farmers.As people from throughout the city in front of San Francisco's City Hall. In Madison, discovered the market, the undesirable activity Wisconsin,the Dane County Farmers'Market brings ` moved away. The farmers'market helped convince the region's bounty to the door of the state capitol. the city to renovate the park, proving that people The East Orange, New Jerse,, Community Market would come if they felt safe and if there was some- takes place in the summertime in the parking lot in thing worth coming for.Today,Union Square is one front of City Hall, serving the city's employees and 26 PUBLIC MARKETS AND COMMUNITY RE\TIALIZATION drawing shoppers from throughout the area.These expect eventually to use the space for a major office markets serve an important civic function by creat- building or other large development, in the mean- ing a convivial setting adjacent to otherwise under- time the market greatly improves the appearance used places of government,while at the same time and fulfills an important function of this critical stimulating the economy. downtown corner. Markets also can set the stage for future devel- Because of their intimate connection with the opment and activate empty lots until more perma- outdoors and the products of the earth, open-air nent uses can be developed. In 1992,in Hartford, markets raise environmental awareness.The har- Connecticut,when plans for an office tower werevest of each season assumes center stage at the mar- cancelled after the site had been cleared,the Main ket_Customers eagerly await the first pick of corn, Street Market was born on a prime piece of down- tomatoes,berries,and other fruits and vegetables town real estate.Although citizens and offirials still that taste their best when picked ripe and delivered H Pennsylvania Dutch merchants mike ; !i ? up a large segment of Reading Ter -- _ .. urinal Market's selling community, we k• .k • 3 ....w helping to infuse the market witCI h ^m un� .or °fit -` its unique character. . - ""�.,,,. ,. 3 .-. ► ►n: _ 9 ., a\arta awe'. aI s ' .; � wry � � n +fan a 54� a. �:�"-- .., -1,/,„ :, .1 _2,..• — # ,,fir 3>i N �� ‘40 ., �i. , ?3 ::::4:::-,..,::'::"; "h" v esz*'t ry ::,,,,,.. va . +s t\ ` 1 dr lig ; . "rte - v y rt � _ P Cite se Eft �+e + '� 9 '�rE� x - IP z'"+�^���._.. -......: _. _ ._._ f ate � r 'sJ. � grat�. µ jt` �` r� c..'t THE COMMUNITY OF VENDORS THOUGH MY first market neighbor eventually In eight or nine months,you'll have to start buying moved to Arizona,Barbara from Breezy Hill Orchard teething pretzels from the Pretzel Man over there." unknowingly strengthened my will to fit into the Lesson number two:Get to know your custom- market and taught me how to succeed.I watched ers,connect with them,and promote your market and learned as I got to know her. neighbors to them. .: „. - f "Hi, Mr.Pretzel Man, nice day!"Barbara caIled,- Letson number three:Family constitutes the`bedrock " before and after she knew my name_ of the farmers'market experience ?`. Lesson number one:In the market,product and Barbara brought to market her favorite crop by far, person merge. Producers genuinely care about her children.They came in twos,threes in the busy their products;they commit and connect to them season.They helped load the truck the night before, in a spiritual way. got up at 4:00 in the morning,drove to the city,didn't get home until 8:00 at night.When they came to the "When's the baby due?"Joyce calls to an obviously market,it was a treat for them,for the customers,and pregnant new customer. for me.Most producers came in families.Those who "Two months." didn't,"adopted"families,as I did. "Okay.That gives you time to figure out how to make applesauce—and the apples will be here then. Alfred Milanese,Greenmarke,seller,New York City. J BENEFITS OF PUBLIC MARKETS 27 straight to the consumer. By using little packaging for their products, market vendors not only mini- _ `� mize waste but also add to the sensory appeal of // their markets, allowing customers to touch, smell r "' � and then select their products. �FLt ��� as O , ;;4 a PUBLIC MARKETS STIMULATE : ' ''`�` a:, 3 ECONOMIC OPPORTUNITY ' , �� Individuals who sell their products in a public mar- 1f , tri' :: ket and the customers who shop in it accrue eco- rr 4or...4' nomic benefits from that market. Businesses sur r ` ' �r > rounding the market profit from a spill-over effect , , into the surrounding areas, a consequence that is of great importance to people concerned with local economic development. PUBLIC MARKETS AND STUDENT ENTREPRENEURS Economic Benefits for Sellers IN 1992, FOLLOWING the riots in Los Angeles, For the fledgling entrepreneur with limited resources, a group of students created a garden at Crenshaw public markets offer a unique environment in which High School and started selling their produce and to sell their products. Few other places offer the herbs at fanners' markets in the Los Angeles area, opportunity to enter retailing with so little risk or including the Santa Monica Farmers'Market,pictured capital. The need for start-up capital is reduced be- here. In 1994,the student-owned business, called cause market vendors do not need to rent a store- Food from the 'Hood, introduced a salad dressing front and pay a security deposit;nor are they required that is now distributed in supermarkets through to make large investments in outfitting the space. out the state.Twenty-five percent of the Crenshaw Although rents on a per-square-foot basis might be garden harvest is donated to needy people in the 1 high,the sizes of market stalls are generally small community,while company profits provide schol enough that the absolute cost is low.Many markets arslups for the student owners. 4 allow vendors to make limited attendance commit- ments,so that the vendors only pay for the days on which they actually sell. By lowering the legal and financial barriers for start-up businesses,assembling can buy a license that permits him or her to sell prac- a group of fellow vendors, and establishing a direc- tically anything within an 11-block area.Because the tion or theme for economic activity,public markets city does not manage the market,many vendors do provide an accessible and nurturing environment not even pay the fee for the license.The market op- for the small business person. erates every Sunday throughout the year,entirely in These benefits can be particularly important to the open air.Twenty to thirty thousand customers women, minority entrepreneurs, and recent immi- descend on the area during the warmer months,buy- grants, who may have difficulty in raising capital ing fresh produce,auto parts, new and used cloth- from traditional sources.Immigrants often are famil- ing,household products,tools—anything that some- iar with the market setting from their homelands, one thinks has value. About 800 vendors set up and markets offer them a chance to enter business tables or sell from the backs of their vans or trucks. l with fewer complications than they would encoun- The authors'surveys at the Maxwell Street Mar- ter in standard retail stores. Moreover, flexible oper- ket suggest that gross annual sales in 1993 were ating hours benefit business women, who may jug- nearly$14 million,that several thousand individual gle the demands of home and business. businesses participated in the Maxwell Street Mar- '( When entry costs and regulations are minimal, ket in the course of a year, and that 2,000 to 3,000 the results can be astounding. Although the city of people were employed in the market each Sunday. ` Chicago established the Maxwell Street Market in Without any formal management attention,the mar- 1912 to accommodate pushcart vendors on the Near ket contained some venders who sold stolen merchan- West Side, the city stopped managing the market dise and pornography,and it had no mechanism for actively in 1975. For a fee of$25 per year, a vendor sanitation or garbage picxup,incurring the wrath of 28 PUBLIC MARKETS AND COMMUNITY REVITALIZATION local government officials and some of its neighbors. Negative perceptions of the market, along with the PUBLIC MARKETS AND fact that it occupied property onto which the Univer- 'RETAIL SUCCUS sity of Illinois at Chicago wished to expand its cam- *-* . pus,led the city to sell the market land in 1994 to PUBLIC MARKET businesses can be spectacularly the university. In September 1994,the city opened successful. One fresh-food business in the Pike a new site for the Maxwell Street Market several Place Market occupies retail space of about 400 blocks away,this time with an active management square feet and generates annual gross sales;ofsome presence.If the market attains its former size,it will $6 million.This translates into$15,000 per square ., again be among the foremost sites for low-income foot per year,which may be the highest:annnal, ,' entrepreneurship in the gross income per square foot of any retail busi- P P country. �' Public markets are natural business incubators. ness in the United States. Because public markets offer small, affordable spaces,they attract first-time businesses that can benefit from the market environment and from the Public markets offer an excellent setting for assistance provided by other small businesses and innovative loan programs. Individuals with a low market management. The limited size of the typi- income who want to sell at the Main Street Market cal market stall determines how large a business in Hartford, Connecticut, can take advantage of a can grow before it needs to find another location. bank-sponsored revolving loan fund that provides Some markets help their vendors make the transi- "micro"loans of up to $1,000,specifically to help tion to permanent, leased space elsewhere when buy inventory to open a stall in the market.To re- the business is ready for its own storefront, stock- ceive the loans,which are offered at below-market room, and perhaps production facilities.Formal in- interest rates,applicants provide financial statements cubation programs at public markets provide busi- for their businesses and submit their credit histories. ness training and professional support,which further The Bronx Sunday Market in the Bronx, New York, improve a vendor's chances for success. Such incu- provides $50 matching grants to local residents who bation programs were part of the development plan have completed a start-your-own-business seminar for El Parian, a CDC-sponsored market hall in San and want to sell in the market. Antonio, Texas. Pike Place Market functions as a Market vendors also benefit from the aggregate business incubator because a prospective tenant drawing power of the market. Individually or even cannot have a second business location elsewhere in small groups, the crafts vendors at Portland's in the city.Virtually all of the hundreds of businesses Saturday Market could not attract many customers, at Pike Place were once start-ups. Some tenants, but the agglomeration of more than 100 vendors can such as Starbucks Coffee,have gone on to national attract better than 10,000 shoppers a day. Market fame, while others have been self-supporting fam- vendors benefit from joint advertising efforts and ily businesses for generations.Through its leasing broader exposure.In fact,some vendors sell in mar- policies, Pike Place makes a deliberate attempt to kets to promote their businesses at other locations give people without traditional experience a chance; or to increase their wholesaling or mail-order oppor- about half of its new tenants lack prior retailing tunities. Urban markets therefore can perform an experience. important function in the transfer of information Some public markets are particularly interested by matching large-scale buyers, such as restaurant in the undercapitalized entrepreneur, a person who chefs,with potential suppliers. has no access to funds for downpayments and large The close proximity of market vendors allows inventory and who might feel intimidated by licens- them to observe each other,learn from their neigh- ing and permit restrictions.At the French Market in bors' innovations, and thereby improve their own New Orleans, vendors do not need individual busi- offerings. This synergy helps explain what makes ness licenses from the city because they fall under public markets such a potent tool for economic the umbrella of the market's sponsor, the French development. Innovations or improvements made Market Corporation. The daily vending fee in the by one vendor quickly are copied by others,strength- farmers',crafts, and flea market section ranges from ening the entire market. Vendors confer with one $17 for the best locations to only$6 for those in the another and share tips about good suppliers, as open air, and spaces are always available for new well as about which techniques work and which vendors to set up tables and sell. The result? In do not work. Especially for inexperienced retailers, 1990, more than 800 people grabbed the chance to the public market setting offers a tremendous vend at the French Market. learning opportunity. BENEFITS OF PUBLIC MARKETS 29 The symbiotic relationships at a public market maintain that they could not remain in farming extend to commerce as well. For example, market without such an outlet for their produce. vendors buy products from each other.Many of the dozens of restaurateurs at Pike Place Market develop Economic Benefits for Customers their daily menus only after touring the fishmongers', butchers',and farmers'tables to find the freshest Large public markets include groups of merchants ingredients.At Reading Terminal Market in Philadel- who sell similar products,such as the four fresh-fish phia, one merchant opened the Reading Terminal standholders at Pike Place Market or the dozens of Market Lunchbox, delivering to businesses around produce growers at the Dane County Farmers'Mar- the city boxed lunches made with food bought from ket in Madison,Wisconsin. This conscious attempt various merchants in the market. to spark competition among sellers not only confers For some vendors, selling in a market is a part- remarkable benefits to market customers in terms time occupation, supplementing another job. Week- of price,variety of goods sold,and customer service end and evening markets offer a special opportunity for but also varies the ways in which goods are sold. individuals who hold regular weekday jobs. Many To distinguish themselves from their competitors, vendors gain tremendous personal satisfaction from market vendors introduce unusual products that owning and operating their own businesses yet can- are unavailable elsewhere, such as specialized cuts not take the risk of operating a business full-time with- of meat for the low-or high-income buyer. Unlike out first gaining some experience and"testing the supermarkets,where so many foods are prepackaged, waters"to gain reasonable assurance that their prod- many public market vendors will supply any quan- ucts will sell.The flexible arrangements offered at some tity of a desired item,a consideration especially valu- public markets make this kind of opportunity possible. able to single-person households. Crafts markets Finally, public markets can wield a significant present both new and established artists, who sell impact on a region's agricultural economy. Many high-quality products at prices not inflated by high small farmers have testified that farmers'markets rents or by middlemen who take a percentage of each are responsible for keeping them in farming and sale. Farmers'markets offer locally grown produce hence for keepingfarmland in production.Too often, and other farm-fresh goods generally unavailable without viable agriculture, farmland near cities is anywhere else in a city. converted into the suburban sprawl of tract hous- Various studies have compared the prices at ing and shopping malls.The strengthening of links public markets with those of nearby supermarkets, between a city and the farmland around it reduces and the results show cost savings at public markets. the need to transport food products over long dis- A study of 17 farmers' markets in California has tances, effecting greater transportation efficiency found that prices are 34 percent lower than at super- and lower pollution levels. Family farmers around markets in the same cities,while studies at Pike Place Washington,D.C.,increasingly have become reliant Market show that savings range from 8 percent to 15 on direct-marketing opportunities like those at the percent.2 Especially at peak harvest time,the prices farmers'markets in D.C. and Takoma Park, Mary- in farmers'markets are generally lower and the prod- land,as well as at the 14 markets of the Northern ucts' freshness and nutritional value much higher Virginia Farmers' Market Association. The Green- than for the same items in a typical supermarket. market system of farmers'markets in New York City In many inner cities,where supermarkets have supports about 120 farm families, many of whom pulled out, public markets fulfill an important func- tion in food distribution.Baltimore's network of pub- lic markets continues to play its historic role of pro- ( � viding reasonably priced food to city residents while tjD BEivEI ®R SETTS '14 � � �� .� : also attracting suburbanites because of the huge t variety of products.The Reading Terminal Farmers' �t "�: f f o IIN.l oking the marke j' independentnonprofit affiliated is that `o�u get a tremendous marketing education a Market Trust, an with the Reading Terminal Market in Philadelphia, Pou ike Trent trends with the Consumer.Yo i has started an innovative program to bring fresh �car ee what m ght be4a goodproduct to grcTrin,.1.1. produce to low-income neighborhoods around Phila- � s tlimost craluable ec.ucation a delphia. The trust's Community Farmers' Market person"can get" � ' Program brings fruits and vegetables supplied by Reading Termir:al Market merchants and area farm- Pike Place Market farmer. ers to housing projects, where they are sold at af- fordable prices, accompanied with free nutrition in- 30 PUBLIC MARKETS AND COMMUNITY REVITALIZATION formation. Currently, many states participate in the N E W Y 0 R k ,,S T A T E ,federal WIC Farmers'Market Nutrition Program, an FARMERS R COT A T I0 adjunct of the Special Supplemental Food Program W.o.G.o�ror Fnut IrVeo�ms ^t9��w Good for! I fnute&Vegetables Only"'�"' ;6, for Women, Infants, and Children. In participating . $ COUPON EXPIRES OCTORlPD1,193 ii states, farmers' markets have been established in 2 ?� t1 #��@ , � kl low-income communities to provide fresh fruits i 44.14.11,''''��4r" '��e and vegetables to needy families living there. . ^ . a%4k, A ' ��k m°'1'z- ' �>unu� ♦ u,�caui, �, , Because public market vendors own and oper- ate their own businesses, they provide customers with the expertise that comes from involvement in , ' v �• ' 1 D'f'r'1 k ( ;F. s1 3 every aspect of their trade. Furthermore, owner/ ' ' � 4 � operators typically are more attentive to all phases PROGRAMS of the business than"absentee"owners and offer personal accountability. '° THE VALUE OF farmers'markets has been recog- In many places, downtown public markets are nized by the federal government and by numerous among the few food-shopping opportunities acces- states and localities through fanners'market nutri sible by public transportation.Markets regularly pro- k tion programs that distribute special coupons that vide fresh food to communities that are no longer can be redeemed only at certified farmers'markets. well served by supermarkets. Downtown workers In 1994,more than 800,000 nutritionally at risk and inner-city residents,including many elderly per- 'women,children,and elderly persons participated in the various states'programs.Data collected by sons, rely on markets to give them an alternative to the National Association of Farmers'Market Nu- fast-food meals. trition Programs show that over 6,600 farmers re- deemed coupons in 800 farmers •........ 1.• ,r99 Broader Economic Benefits 1, The WIC Farmers'Market Nutri' €z.:u � � made the coupon program a permanen p. -• e Public markets produce many economic benefits government's food assistance strategy. In 1993, '3 that percolate throughout an entire community.For ten states participated in the federal program and #` example, public markets generate jobs.The produc- received$3 million in matching funds.In 1994,24 tion of goods sold in public markets is often a labor- s additional states,the District of Columbia, and an intensive process,as in the case of handmade crafts Indian tribal organization joined the program,and and the crops of specialty farmers. Vendors often Congress appropriated$6.75 million for the program must employ others to serve their customers.The 74 47 businesses at Granville Island Public Market em- ploy nearly 150 individuals full-time and 200 part- time.Jobs also are created in market management, tion,markets attract related businesses or businesses including positions for on-site management,market- that share similar customers. At the Eastern Market ing,maintenance,and sanitation. Pike Place Market in Detroit,the five city-owned and-operated farmers' accommodates 250 commercial businesses, 100 farm- market sheds lie at the heart of a vast public market ers, and 200 artists and craftspeople in the market- district,surrounded by hundreds of retail and whole- owned buildings and public spaces. The Preserva- sale businesses on private property. On a smaller tion and Development Authority(PDA),which runs scale,Washington,D.C.'s Eastern Market has sparked Pike Place Market, employs about 70 people. In all, the revitalization of the surrounding commercial dis- the market directly provides some 2,000 jobs. The trict, as numerous small businesses have opened in full economic impact of the market to the city and the shadow of the market, even after a major super- region, however, includes the significant multiplier market closed down nearby. effect that occurs because all of the businesses are Several other benefits merit mentioning.As the locally owned,because they generally use area sup- commercial property around public markets attracts pliers, and because they spend much of their income new businesses, property values may increase, gar- in the local economy. nering additional tax revenues for local government. Another tremendous value of public markets In the neighborhood around the Union Square Green- is the catalytic effect they can have on the neighbor- market in New York City, retail rents have jumped hoods around them. Because so many people are from $20 per square foot to $75 since the market attracted to markets, surrounding businesses can opened in 1976. Markets also offer a better chance bene t from the markets' drawing power. In the of collecting sales taxes if they provide an alterna- typical urban process of innovation and specializa- tive to illegal street vending. BENEFITS OF PUBLIC MARKETS 31 Ar 77 PUBLIC MARKETS INSTILL it }i h COMMUNITY SPIRIT AND ` ''`A` `fit I `,! �' 1: r . CULTURAL EXCHANGE In a society so often marked by divisions rather than * .� ��.�?. �, ;, a�. commonalities, an incredible thing happens at mar- ; -;. kets: people talk to one another. Perhaps it's the in- ---�-- °, formal environment, the shared interest in uncom- .: mon and beautiful varieties of fruits and vegetables, ,i -'.�., or the joyful mood created in bustling markets. ` - Throughout history, markets have been neutral ,' * „. �" ; ,,.- ground, encouraging people to gather, make con- .�'. , _- ;, nections, discover their similarities, and appreciate their differences. In many cities, markets are the This farmers'market takes place on Saturdays in an East community's premier gathering place. In racially New Orleans neighborhood where numerous Vietnamese divided South Africa,Johannesburg's downtown immigrants have settled,bringing their farming and market ing traditions to the bayou. market has been the one place where blacks and whites have mixed freely for years. Markets attract shoppers and browsers from special places.The intense,people-oriented environ- many walks of life and,in the process,often become ment generally attracts individuals who value inter- a common ground for the community.As in few action with the public and appreciate the commu- other shopping venues, people of all ages, races, nal sense among market vendors.In many markets, ethnic backgrounds, and income levels rub elbows. commerce is supplemented by performing artists, In many cities, public markets are among the few who play for the ready-made audience. spaces that feel truly democratic. People feel wel- Markets have proven popular in ethnic com- comed and invited,which encourages a true cross munities,where people wish to reestablish a cultur- section of the community to appear. In Grand Cen- ally rooted market tradition. Markets can reflect the tral Market in downtown Los Angeles, for example, ethnic flavor of their communities through special more than a dozen languages are spoken by vendors products sold there, through local vendors, and in the market's 43 stalls,including Arabic,Armenian, through physical design elements reminiscent of Chinese, English,Japanese, Korean, Portuguese, traditional marketplaces. For example, outside New Spanish,Tagalog, and Yiddish. Orleans, there is an open-air Vietnamese Market Public markets add a human component to where local residents gather to sell vegetables,herbs, the buying and selling of products that often has and fruits they grow in the bayou,as well as fresh been lost in conventional retail experiences.Vendors' fish,live ducks, and geese. Even the way in which personalities are important reasons why markets are the products are displayed—on tables built low to the ground,with the vendor often squatting on the table alongside her produce—gives the place an Zip � ` �� ,� 4: exotic air. When a market achieves this degree of �DEMO�C' ' C, AND PUBLIC MARKS authenticity, it often will attract customers from t .1-,i f - , .,, . �,; b ,., -'''''-''''''',"4.-1'; ' outside the community. . mor, the o ennmarke ; ,T.',-1..A... . ,� ��� ��'�, , p���p� � ,� Many older public markets have been identi- :' W ' ae T he s irit rn, fled as significant cultural landmarks and desig- a'dered caarryi gthe"marketb�ase. 1 A -,'= 5, x t ,-t,„ nated historic structures. Some communities have fro th Amar et is c nl i ous and reads u• 4 � , , ,, gone a step further, recognizing the importance dut the.house bringing bout�economies irl l n � � ,� ��,�a � of public markets in sustaining traditional social The ric i,tthe�middle class,and the oor mee t � m� - 1? and economic relations.For example,the Central these markets;on even footing,and thus'is 1 x , Market in Lancaster, Pennsylvania,preserves the vided the spir(t_of democracy,which is essen to the,perpetuity of�our mstituttons; i ,�:, longstanding Pennsylvania Dutch tradition of go *.- _ _ ing to market (or, as they say in Lancaster, buying Marcus Marks,Report on Market System for New York • on market). At the Central Market, businesses are City and on Open Markets Established in Manhattan ' -- passed down from generation to generation, with (New York: New York City Board of Estimate,1915). '-< " the , ierchant's sign proudly proclaiming the num- ber of generations it has been around or the year 32 PUBLIC MARKETS AND COMMUNITY REVITALIZATION the business was established.It is not uncommon to '' find three or even four generations working a stall at 44pttKE7t00KiNG FOR KIDS ' I one time.Similarly,the historic designation of Pike f c,, Place Market includes not only the market's historic ''° , ," � 1 buildings but also the market activity. Hence,any � -' , decisions that will affect the historic structures also i ' must consider the impact on the market operation. a � _�� Social services have an important place at a iOr f ' 4 e' iM public market.In some communities,service provid ,)r�,/" c ,1 .� ers set up booths several times a year to perform s r � � • + t� �- r ',., activities such as blood pressure tests and nutrition .1%14 � = " , , _ I `� demonstrations. Other places have social services �r - s. '"%, sc �ti built into their markets. For example, the Eastern ,' '�• '� ' . Market district in Detroit has a drop-in medical clinic M "''- t, `. „ , .; ~R and a shelter for women and children.The Marin z r,.' I, ,, �/� , Y County Farmers' Markets north of San Francisco ,6. � �, �. hold annual health fairs at their locations.Pike Place �,w tt..4..bk* Market supports the child care center, food bank, /! ` geriatric health clinic,and senior center within the district through the fundraising efforts of the Pike ,,ten Place Market Foundation,and subsidizes their rental ',-.1,!:1.,,,,,, , �' ,„x,. costs.Even the types of businesses at a market might c �� reflect a social service orientation.For example,Pike Place Market makes a conscious attempt to serve low- 'a income shoppers with businesses like a day-old bread At the Ferry Plaza Farmers'Market in San Francisco,kids store. Rents for the bread store are kept at a mini- enjoy cooking demonstrations. mum,which is possible because next door to it is a fancy French bakery that pays nine times more per square foot for its space.The mixing of people with Similarly, Cooperative Extension agents throughout different incomes has its own important social serv- the country regularly use markets as forums to edu- ice function as well. cate citizens about balanced diets and urban garden- Finally,a great deal of education occurs at pub- ing. One innovative program in New York City, ad- lic markets. Sometimes,this is done formally: many ministered through Teachers' College at Columbia markets invite chefs to hold cooking demonstrations University,used the city's farmers'markets as inte- and publish newsletters or flyers with cooking and gral parts of a curriculum to educate children and nutritional advice. At By Ward Market in Ottawa, their parents about nutrition and ecology. there are often tours for children.The Bronx Sunday Education also happens informally. Market Market in New York has become a forum to which vendors typically are highly knowledgeable about local museums bring traveling exhibitions on sub- their products and enthusiastically convey their jects that range from global warming to modem art. wisdom to their customers. The customers them- selves often share advice. At public markets, the 1m friendly atmosphere encourages customers to ex- ' t , r w ° .3. change recipes and preparation techniques, while - farmers and merchants introduce new or unfamiliar varieties of products to their customers. .' Notes � . � 1. The history of Pike Place Market is told in 0 ,f" , r� 1- Alice Shorett and Murray Morgan, The Pike Place '�1 =� , t ' t Market:People, Politics, and Produce(Seattle: Pacific , �' ' r Search Press, 1982). � 2. Robert Sommer, "Farmers'Markets as Com- -, ''' ' --;'.". I munity Events,"in Irwin Altman and Ervin Zube, eds., As part of its social service program, the Pike Place Market Public Places and Spaces(New York: Plenum Press, provides child care services to the downtown community. 1989), p. 65. 1 J IMPLICATIONS Understanding the potential problems of developing and running a public market should lead to the con- clusion that high aspirations must be balanced with a sometimes somber reality. Some public markets have failed completely,while others have required tremendous effort for just adequate results.While the authors believe that public markets offer an ex- cellent opportunity,no development project is easy or without risk. The best hope for anticipating and avoiding problems lies in good planning. In general,public and nonprofit organizations are risk-averse, either because they lack speculative funds or because they are under intense public scrutiny.By considering all types of markets before selecting one option,a sponsor can find the right risk/reward combination that suits its organizational"personality."Another way to minimize,or at least defer,risk is to take an evolutionary approach.This means first developing a simple,low-risk market while leaving the door open for larger-scale development later,after the first level of success has been secured.At that point,it will be significantly easier to pursue market development projects that offer a higher potential reward but that carry more risk. 46 PUBLIC MARKETS AND COMMUNITY REVITALIZATION The historic Findlay Market, located in the Over-the-Rhine neighborhood near downtown Cincinnati, Ohio, is ' owned and operated by the city's '� a''''.4'1--4 o` x0'1', ;� department of public works. ,' a `,� _ ` ' ',eye _ 'il 1 '-t _ •-•' ...1.1h7.1.* - X i .11 nt'j ; 'V • "J lllta IIA. — " — `;:i :.t ", Tin 71sb /. • t• ` ,.) ,1*;. t '37-'`1,44,!...-N...•+" rS wry ri -.-i—} y .` ,� r r- k".- . s :,ate.-. :Ai f '� yL °' < is to find the structure that will give the market the support it needs while minimizing risks to the spon- soring organization(s). The term`owner"here refers to the entity hold- ing title to the land and buildings where the public market is located.As defined in Chapter 1,the spon- sor has legal and fiduciary responsibility for the mar- ket activity.The owner and the sponsor can be the same entity. For,example, the city of Cincinnati, Ohio, owns Findlay Market; the city's department of public works sponsors the market. By contrast, although the city of Columbus,Ohio,owns the North Market,the North Market Development Authority, a private not-for-profit organization,sponsors the mar- ket through a contractual agreement with the city. Open-air markets that convene on public property often are sponsored by nongovernmental entities, so the ownership and sponsorship roles are separate. In Michigan, nongovernmental sponsors bear re- sponsibility for 55 percent of the state's 67 farmers' markets, yet the markets take place on public prop- erty in 80 percent of cases.These sponsors are pre- dominantly chambers of commerce and associations of farmers. Before looking at the options for organizational structure,it is important to examine the responsibili- ties of the sponsor. In addition to the legal and fidu- ..\i, ciary duties, the sponsor's primary responsibility is the making and evaluation of policy.Ideally,various OWNERSHIP AND SPONSORSHIP sources—including on-site managers,customers,and STRUCTURE vendors—should provide input,although the spon- sor should formulate the final statement.Public mar- The process of assessing organizational capacity leads ket boards meet regularly, generally once a month, into the next main step: determining the appropri- and often delegate specific tasks to committees,which ate organizational framework for the ownership and the,► debate the details of policy formation before sponsorship of the public market.The basic concern they make recommendations to the full board. It is PUBLIC MARKET PLANNING:GETTING STARTED 47 typical to have a real estate or property managementr ''- it . 1' committee to address issues of physical property, °' ik S rEi product mix, leases, and operations; a public rela "� tions/marketing committee to deal with external rela- Kitilic, tions and marketing decisions;a finance committee' . s 'if ' to consider capital expenditures and fundraising;and f' 9 - , 44, an executive committee. In many instances,market t ,, r fes. II 1 +�+. , - staff serve the appropriate committees directly. -�'' , ,,, ,� ,{ Typically,an executive director carries out the ::: °� r board's policies and oversees market operations.He . . "" aV or she ensures that the market fulfills its mission ' �s.`P.-- r .4` and operates smoothly,while at the same time plans `"**" e ..`= ning for its future.The executive director serves as 7 �� the locus of information about the market,as well ,,,,iA. i 4,:-S' as the arbiter of disputes,although some public mar :` z r 'k kets appoint a board committee to hear grievances. Mart 125,an indoor market on 125th Street in Central The executive director is the top of the management Harlem, was developed by a subsidiary of the Harlem team, so his or her role is discussed in greater de- Urban Development Corporation, which itself is a subsidi- tail in the section on Management Options in city of the New York State Urban Development Corporation, Chapter 6. which is focused on the revitalization of this neighborhood Because of the variety of local circumstances in upper Manhattan. and market types, it is impossible to identify one preferred sponsorship structure.There is generally history of independent nonprofits,along with com- a trade-off between, on one hand, the sponsor's plementary support networks to sustain them. The autonomy and concomitant freedom from outside political culture of some cities allows the local govern- meddling in the operation of the market and,on the ment to develop and operate a new market,although other, the sponsor's need to maintain institutional government typically has a difficult time separating connections to gain access to greater resources.One the need to make prudent business decisions from way to approach this trade-off is to consider which the need for political expediency.In the end,the peo- types of organizations function well in a particular ple who run the organization will determine the mar- city.Some areas have the tradition of,as well as the ket's success, so the structure must be attractive to necessary legislation for,creating public authorities enthusiastic and qualified individuals. or public corporations. Other areas have a strong When looking at organizational options, con- sider the four basic possibilities: 1. The public market can fit within an existing or- CONSIDERATIONS FOR 501(C)(3) ganizationalframework;that is,the sponsor can ORGANIZATIONS AS MARKET make the market one of its programs. For exam- ple,SPON$ORS the Downtown Partnership of Little Rock, Arkansas, established and operates the Down- town Farmers'Market to complement its pro- ,THE INCOME-GENERATING activities of tax- exempt organizations can be challenged by the grams for business recruitment, marketing, and IRS,which might put the organization's exemption downtown advocacy. at risk. Generally,an organization can gross be- Pros:Operating the market as a program of tween 20 and 25 percent of its operating budget the organization uses existing institutional ca- from unrelated income,as long as taxes are paid pacity to good advantage, and the new venture on that income. If the business activity is related can profit from the organization's track record. to the organization's tax exemption,then the tax No time or expense goes toward building a new status should not be in jeopardy. Edward Skloot's organization. The Nonprofit Entrepreneur(see Appendix A) dis- Cons:The organization's other priorities might cusses these issues at length. Because the rules supersede the needs of the market, depriving it governing nonprofit business enterprises often of attention.Worse,if other programs operate at a change,a t.x attorney should assess the implica- deficit, the temptation will be to extract exces- tions for a ax-exempt organization. sive revenues from the market to cover other losses. In addition, the market may become a li- 48 PUBLIC MARKETS AND COMMUNITY REVITALIZATION Aa committee structure is difficult. Unclear lines �� ' . '�' - of responsibility and opportunities for misunder- ` ., � standing may turn relationships sour,to the z' , detriment of the market. ® 0 C1 ;'11,E 4. The people who plan the market can create a new l "' ;,r single-purpose organization to develop and man- f, <;-441'"q,' �- ,3.a. �; �"" �; , age it.The St. Paul Farmers'Market Association, . a a membership organization made up of partici- ,' ' ,. '"' •,,- a t , e { pating farmers, is devoted to operating seven • a� ,� ,� t .' markets in Minneapolis and St. Paul. ( hog` ,14411: . ; � I- �,� Pros:Operational independence is gained, ►; _- . ;" a as is the ability to act entrepreneurially without ., moi i f q- 1 a., ,, interference from organizations with compet- ing interests. The Marin County Farmers'Market Association,a non Cons:Little cushion is available in bad times profit organization established in 1983,operates state because there is no parent organization to pro certified farmers'markets at seven locations in the San vide assistance.The single purpose organization Francisco Bay Area, including this market at the Marin will have to develop its own political support. Civic Center. Perhaps most important,who will create this new organization? Especially in areas with limited leadership and few organizational resources,it ability to the existing organization and hinder might be unrealistic to think that a new organi- its established programs. zation can be started if existing ones do not want 2. The organization that plans and develops the mar- to undertake the project. ket can create a subsidiary corporation to run it. This structure keeps the parent organization at A related piece of the sponsorship puzzle con arm's length from operations and helps to re- cerns the role of merchant or vendor associations duce liability. Mart 125, an indoor market in in helping to make policy. Merchant associations New York City's Harlem that features African- often are found at public markets, especially at the American crafts, is a subsidiary of the Harlem older, more established ones. Generally,these asso Urban Development Corporation,a state agency. ciations represent the interests of the merchants to Pros:The subsidiary corporation has some the market administration and conduct their own operational independence yet can rely on the re- marketing activities, independent of those of the sources of its parent organization if troubles hit. sponsor. Some merchant associations develop their Cons:A stepchild syndrome may develop: own innovative programs, such as the one at the after the initial interest, the parent organization Grant's Tomb Market on Manhattan's Upper West may pay little attention to the market.Additional Side, which set up an insurance pool to provide health and commercial coverage for its members. legal work,which entails both time and money, is required to form a subsidiary. 3. Several organizations can form a partnership to ORGANIZATIONAL STRUCTURE share resources and responsibility. Main Street Market in downtown Hartford,Connecticut,was OF PIKE PLACE MARKET organized by a committee of public and private Seattle, Washington i groups,including the Hartford Food System,the y city of Hartford,the Society for Savings bank,the Pike Place Market offers a complex yet instructive i Hartford Foundation,the Greater Hartford Archi- organizational structure (see Figure 4-1).Because of 1 tecture Conservancy, ConnFarm, and others. its large scale, Pike Place supports many organiza- j Pros:Agglomeration provides extra resources, tional components and a large management team. I including political muscle and funding opportu- The particular organizational structure of Pike nities. The market's prospects do not rest with Place evolved within the historical and political the fate of a single organization. framework of the Keep the Market initiative in the Cons: Partnerships potentially expose the mar- early 1970s. ' ket to competing interests and conflicting ideas The Pike Place Market Preservation and De- on what the market should be and can burden vele)ment Authority (PDA), a public, not-for-profit decision making.Acting entrepreneurially within corporation chartered by the city of Seattle in 1973, J PUBLIC MARKET PLANNING:GEI"I'ING STARTED 49 Figure 4-1. ORGANIZATIONAL CHART PIKE PLACE MARKET, SEATTLE, WASHINGTON , ' .i.*T�` !,,,,..,,,,,4,,,:.1, x + " .� * #V �1'''4 �*� 'A - is 4 r �. ,z . �'.0 't K., ,. `..... 7.. ,;,, F -'11,77•;'..:::,..„.*,......,,,-•& y ` n,",y .1":• ,.p,° 3. �.?' ,' -; :# ::4 K ' ` -_3 s 4 � t ,�.r&'.' .,, ,,:, H4 sk: ""'z:" Na 0 ,d .0 ,fi "� a ! ''-'r Market Foundation x4 "'" s a t; * 7 Boal �a tt# Preservation and Development Authonty(PDA)Council ;4 4 y x� Market Foundation � .,. PDA Executive Director �.,,, Executive AssisL. tant Executive Director x a ` Administrative assistance -• Fundraising and grant :.. • ,a to d rector. v< development. � 3q , a , 3$ , i - Council support services. ° FA Social service agency as x.4- `.J'a'1'^�-- . ''* 'r w, liaison. �• °�� y� Constituency support <q z $x a '`'tea�r �' services. :' Legislative and tom- ; ,, �* y; i munity organizationE Records management. liaison. 41,-.,‘'..,,.4g -. Market historical archives �& Communityson. preserva- ,4..--..4.4...k.,,• € s r l —Y management. ' '. , • :',, ' tionplanning:housin t `z` ` ' � " social and health sery- " ices,education and .5: ' * " g� employment services. a " a' a n ' , . �` f, Special community , e >: development project �'` Property Finance and Operations and Maticeting and management. Management Administrative Construction Services Communications Ty f. . Coordination of all .' services " Services ,, Servkes Maintenance services. special projects with Commercial leasing Budget and financial Public information 441 °` and property man- tannin security services. PDA's other manage- r.,„,, P P Y Planning' servkes• agement. Custodial services. r ment and operational l'' Accounting and furan- " Presa relations. activities.• : Residential leasing, 4 tial management. ' Construction man- services and property agement. Farm program develop + ; . ,'b • P P Y Banking and credit g meat and management. management. • � � ?' relations. Parking management. � ' Da stall management. Corrtmunity/employee . z Y g Payroll/cashiering. '. Capital improvement communications Crafts communityand and major mainte- services. , '. : ` st' Personnel management. e erformer liaison. nanceplanning. * 0.a P Em to ee benefit Markxting planning " # ' ' Tenant relations and P Y Tenant'mprove t administration. P and F oordination. business assistance. mems;move-in/out x,, , Advertising creation,Asset and investment coordination. Historical Commission `" management. production,media • liaison. , Adjacent properties selection. *�` Property use planning. 0 Office support man- business relations: Vo1iAr development a agement services. operations. ' � �� 144 �„ E Tenant recruitment and i;oordination. and screening. �'4 .�t ' " "-F `"` Inf�r'mation systems. it � � � Rummage hall ' € ,., ., : Dat.4 maintenance,re .� '' r management. . a., f , ° •`e 0 # seam}x analysis services. v Adjacent properties f` ' 4- ". --^'"" s x business relations: " �, �, i' x development property � '' ' E. 7 `r management. .4; : . , z ° °r ,,fit sK' h " ,,, 0 .. .: r r;: r :` -, .`Y 4,..-:.-..-....,...,......R $ &�,,. `:z •.„.. .. ' .tee e e atto da De e o ment Au➢ i� q, . . '”:• , ._ ' s� , 'a* -.1, -,..,...-:,� ;b _:�, �)�,�>... ,»:`�"� .. �_ "ff .. �,..� E��.'` � ' ,� ..x. ``�•�....,t, � owns and operates Pike Place Market. Several other organization that was instrument in the Keep the organizations also help to govern the market.The Market initiative;and Allied Arts, a total arts group. Pike Place Market Historical Commission,a branch The Historical Commission admit:}stets guidelines of the city's office of urban conservation,is an elected and policies that dictate the kinds +� businesses that body wi'h representatives from three groups: prop may operate within the historic d r trict, the types erty owr ers and residents within the hi toric district; of merchandise these businesses r.ay sell, and the Friends of the Market, a grass-roots .membership appearances of signs, design eleme:'jtS,and all struc- CONCEPT DEVELOPMENT 57 Figure�S 1 PRODUCT MIX G' �YPUBJ C MARKET, VANCOUVER;:RF 6jOjti 4, p IAS; � ,�' x:.r r.` „ tam- it' r', ;0. '" p �+� t N£a d �• rs3 2 amu} ' �* s r Y ' a.''21` .�.c`n',iio-Y,1.O�;�,,,- {1--,g -1N r,c- •-4:v k ! r�' y, 4 �sINKS `3 ::- s''. bt . a h 7"-•-• r {°' 3 •; a g •.,,,,,,,,,,g,-01,:,,-,4- a r� ` r + x n l t -T " `-p $Q p p p �� -w 3 3...2.4,4,--t' '; 9 �X it (Sp p a� - ::6 s^d *• -,,f,,,,-::::,1-2.c.,- p,, ac R r st '.,! ! ,,4 ,s..�,.,, '� .'`�"i ems.` t .. $' ` „" tt 4-‘Farmers'Markets � ® � ® Farmers'markets range from those that include only three or four farmers, each of whom sells a somewhat stand- , open air farmers ard array of fruits and vegetables,to those that en- lationss, 'l marketscan includregu compass well over 50 farmers, many of whom sell only fresh fruits and vegetables but a wide ranger specialty items.At large farmers'markets like Union of other products that are raised,grown,or prepared Square Greenmarket in Manhattan or the St. Paul by farmers or producers.Some of the possibilities Farmers'Market,customers can find rare varieties of include: produce and a huge range of more typical products. One farmer at the Union Square Greenmarket offers 1. Vegetables. 9. Vinegars,jams, 70 types of peppers,another sells ten varieties of 2. Fruit. potatoes,and a third travels from northern Vermontand sauces. to bring fiddlehead ferns and wild mushrooms. 3. Fresh and prepared 10. Baked goods. meat. 11. Fresh and dried herbs. 4. Poultry. 12. Bedding plants,house -_ 5. Cheese, yogurt, plants,and flowers. . t milk, and eggs. 13. Wine. l _ 6. Fish and seafood. 14. Prepared food. E, 1,3 7. Juice and cider. 15. Animal roducts, i, Y 4 , .r, ,"� 8. Honey and p -� ,- syrup. such as wool. iti p ra 'f' 1 - ,A Farmers'markets often are im o ..�� — p rtant outlets pK for farmers selling organically grown products. Cus- €,. � 'Ar, Comers who shop at farmers'markets are aware of T�S:�►YMNG the benefits of organics and often are willing to pay • the premium prices that organically grown products ' sometimes command.Most markets require organic s The Marin County Fanners'Market Association conducts ssucch as NOFA(the Northeast OrganFarming As recognized.be certified by a organization, food tastings to educate consumers and to interest trem in sociation). Farmers'markets that sell only organically organically grown produce. grown products have been established in Omaha, 58 PUBLIC MARKETS AND COMMUNITY REVITALIZATION Nebraska, and Boulder, Colorado, as well as in sev- Community Markets eral cities in California. Community markets, which combine elements of Crafts Markets farmers'markets and crafts markets,can attract more customers than either type alone could attract be- Crafts markets also define product categories and cause of the synergy created. The Bronx Sunday seek to arouse internal competition within catego- Market has four product categories: (1)fresh food, ries. It is important to maintain a balance, so that predominantly sold by regional farmers but also indud- one category does not dominate the product mix. ing tropical produce; (2)prepared food,intended for Categories might include: consumption at the market; (3)arts and crafts, sold 1. Baskets and straw 6. Fine arts (painting, by their producers; and(4)other products that were items. sculpture,and drawing). not produced by the seller, such as imported crafts, 2. Beads. 7. Printmaking. books, and personal services. Community,health, 3. Candles and 8. Jewelry. and arts organizations also are encouraged to par- incense. 9. Photography. ticipate in the market, although they may not sell 4. Clothing. 10. Signs. any products without being considered vendors. 5. Dried flowers. 11. Woodwork. c The Saturday Market in Eugene, Oregon, can attract up to 300 vendors some weekends.Its mem- bership includes the mix of craftspeople shown in As with other retail businesses,the location of a pub- the box below. lic market can make the difference between success • ' mm — * se. j"ifi'" S ' H `'- 1 — a '' t : `a � ' a ' 3 ...: ''''4' tl-it"-•:' :, .4;c.st..- ..i.;:ts?' P.',1 I , -jaw. — 7 ;"..t-i4:104*Wit'.-Ir4q1,4; ?;'-F4F"-Z'.:,;":fr"0„14,41(44 ''.4'• - ''''''''' V41-41Al!''''''''. '"i •''‘'-c‘'' •—•••- 'ltitiltY . 1 '..••••Vwo.-..„.A_--,":,...1*-,A2.qt':,';,.; •"•7:4`,;"k”? ,,,,:).kr,‘„,-, 4 "?./ 1'"74''' 'F i" ''''-'1-`' , '' ;Z'''-, 7''''' 1.• -?•••' ' ilk. "4" — ,,:il "f4-0Slte4w4-1119,. , V*tr,r114" '''" ',- 4"."^:.'iC aitif 1 = ' '''' '• %•.'atztoiattii?,. A:.''1.:1, 1::\ LyA•,.. '- ,, - . ' ..,.'"'"•"?x,a7".tk„ Nriti-- ...-,,,, -.„1.;e:A.. .'`e 1111‘ tairip ,•4",,A ,..i -41. , -.4.40- -1. 1.0..• itilliaili ,1' ,..,,,,;.,-.• ' -,"„ 4.- „:"..Atiivif:',4Aet•g4,-: .1'••414" 't,"••lek'''•... \hh • EUGENE'S SATURDAY MARKET VENDORS THE EUGENE(Oregon) Saturday Market accommo- in 1970, the Saturday Market attracted 29 vendors, dates,on average,241 vendors each week,including although the number decreased to only 12 vendors 20 food booths in its International Food Court.In ad- on one Saturday that summer. By 1994, the market dition,the market is a major supporter of local per- reported$2.5 million in sales from April through forming artists, who offer continuous performances December.Its membership includes: on the market's stage each week.When it opened Artwork 37 Clothing,printed 8 Glass 21 Photography 6 Beadwork 34 Clothing,tie-dyed 19 Herbal products 10 Services 14 Basketry 2 Clothing,hand- Jewelry 106 Toys 11 Candles 6 sewn 48 Lapidary 4 Wood 37 Ceramics 50 Fiber 29 Leather 13 Other/ Clothing, batik 12 Floral 5 Metal 6 miscellaneous 55 Clothing, hand- Food/drink 29 Mixed media 50 Total 621) painted 11 Furniture 3 Paper 3 CONCEPT DEVELOPMENT 59 and failure. The site must"work"in terms of attract �, Q r ing customers and serving the needs of vendors. -' - -` ` 7 Selecting a site for a public market requires , ,,, ,i ` ' �� r evaluating the numerous variables that influence e � 0 ,�,4 �� ���'�,�.•� ��;�����,,4,-,..k.,,,,7:-.7 location. Planners must make trade-offs, such as 00, � ��0�4 4 selecting a centrally located, bustling plaza event �� ter, though there may be little nearby parking,or shoos °` 4 < ing a large lot that can accommodate expansion al ' ' : �. though it is cut off from major traffic routes.Planners - ' 1 who are considering how to expand an existing mar- ket must review criteria relating to location to gain ,' t insights into whether it would be wiser to stay at the present site or to seek a new one. Site Factors � The following issues all influence the site selection .�t ; decision: It �,t!' `.:.r ' Ownership.Most public markets are located ��wl on public property. Others may have arrangements with private property owners,or sometimes the mar P ket corporation owns the property itself.Selecting i a site where a long-term lease is available or where '.- the owner will permit physical improvements willli avoid the disruption of relocating the market and all its sellers in case of possible future expansion. • Ltd. 1 > E " Visibility. Both pedestrians and motorists should be able to see the market from busy streets. For example, an open-air market should be held at the edge of a park, rather than in the center.Archi- The clock tower of Cleveland's West Side Market is a dis- tectural features, like the clock tower at West Side tinctive landmark that has guided customers to the market Market in Cleveland, or signs and banners,like the for decades. Meet the Producer sign at the Pike Place Market,all can increase visibility and help draw customers to A more precise figure can be derived by estimating the market. Farmers'trucks,either painted with the the minimum annual sales to reach a break-even farm name and logo or bearing a banner with the point for all the vendors, then dividing by the an- market's name, can help as well. nual days of operation, the average customer pur- 1 Access and parking. Public markets must be chase,the proportion of customers who arrive by car, accessible to customers arriving by foot or by vehi- and the percentage who visit the market at the peak cle and to vendors who need to unload their cars or day and hour. trucks.If a large percentage of customers is expected Although few markets in congested cities can to arrive by foot, especially where there is insutffi- achieve these specific goals,enough free or inexpen- cient parking, the public market should be located sive parking must be available to serve the market no farther than a seven-to-ten-minute ten-minute walk from the - at itspeakperiod. As most public p b c markets are buss source of the customers. Proximity to public trans- est on the weekends,markets in downtowns can take portation is a definite advantage, especially in serv- advantage of idle parking spaces that serve the week- ing the elderly and poorer communities. day working population. Because most people rely on their cars for shop- Size.A potential site must be large enough to ping and expect a high level of convenience,how- accommodate the projected number of vendor stalls ever, ample and preferably free parking usually is and customers and should provide adequate space important. The amount of parking required varies for easy circulation and parking, plus an area for , according to the size and type of market. By rule of social activities like performances and demonstra- ! thumb, open-air markets need two to three parking tions. The site should not be so large that the mar- 1 spaces for each selling space. For market halls, the ket appears to be isolated within the space. When j number is higher: five to six spaces for each vendor. evaluating whether a location is too large or small, 1 60 PUBLIC MARKETS AND COMMUNITY REVITALIZATION ' e iso r , "70,16%4' 414, should consider adjacent street patterns, existing +,4,1',3"",' 7 S''''4,:•7 et",. I $ ,k t ; z or planned uses nearby, and the impact of adjacent �^ 4, 44 -1-4-4-1,...t.: • retail.The image of the area is particularly important. ,'t< r" 4j� °t ki-1-144,,, " • For example, city officials might respond negatively F ., ""���� ''I d � � ° to a proposed flea market in front of the city hall but ' ` i<i tr ! Y embrace an authentic crafts market.The need to in- ' .,i,• fie`; vigorate a retail street or a declining downtown dis zT ,4.,.7----7,1•4,... 1'..'', ' {_ 4.,..,. a; trict might lead to siting a market where its ability to attract customers will bolster adjacent businesses 1. • and other activities. Site conditions.For open-air markets especially - 1 those selling food,paved sites are preferable to those 141,>z'',4,..'';;4h� 1 1� 1 composed of gravel or dirt.All sites should provide -- - adequate drainage. Landscaping elements like trees ' ,-` and grass can enhance the aesthetic and functional appeal of the market by providing shade, wind de- flection, and picnic-style seating. Sites should be =, '1 __ evaluated for environmental contamination, espe- t .R i•. '+ 'fin ,s. --' cially if there will be food sales and if the site is near s j �` + —i ..:-.7,-----7-72-"..1.:"'. : railroad tracks.Market districts that include both t.' ` .14'4,-` indoor and outdoor spaces must have particularly ....1;„-- -.A% 1 f ; :-67:451i , appealing site conditions to persuade customers to `" ` ' „,,..',. .,4,...„..,;,d,,:•`: ..: visit all of the businesses in the vicinity. `' ”" ="' Historic structures can be particularly attractive - 1 y'� - 1_= for public markets because they add architectural jAli-1'7 _= + '`LI interest and because they link public markets with " ' — a traditional way of shopping.The redevelopment "' `V > '4,•,:,° . -'-'••• of historic structures adds another public purpose Downtown plazas and civic landmarks provide well-known to the public market development and perhaps can and easily found locations for markets,such as this crafts attract funding designated for historic preservation. Greenville, South Carolina, and Chattanooga,Ten market at Boston's Copley Square. nessee, both have new public markets in historic • structures. The Grove Arcade Public Market, now the long-term vision for the market also should be in the process of development in Asheville, North considered. If the market does well, can the site ac- Carolina, will be housed in a downtown building commodate more vendors?Will there be opportuni- originally designed as a retail arcade but most re- ties to incorporate various structures on the site? cently used as a federal government office building. Context. Public markets are influenced Once a location has been selected, a formal strongly by the area around them; conversely, the agreement to use the site,such as a lease,permit, or markets will exert a strong influence on their sur- other written approval, is needed before the market roundings. Locational decisions for public markets can open.The duration of the agreement will vary The Westend Public Market in Green- �� .� x ville, South Carolina, will be housed ���,``;� '� ,4 ���,��,.:, ' � , in rehabilitated 19th century cotton ,:..% "`•_"k,,, .4,1%,,,,,A, warehouses. The 45,000-square-foot , Fie market is scheduled to open in spring " ' 'wq 1995 with two floors devoted to farm- t �� , , , -^ _"'j "` ` 1 , 11 0 � ers,fresh food merchants, restaurants, # `." ii, f ,-� „,-,,,,,70;:i...1„:4.,,,..., ... -1 and crafts and a third floor for offices. �'•z':141W, i '' ji: r , 41; , r ;'cel tsl-ipt,,,::,...,Sponsored by the city of Greenville, ii .�ilt: t' j�,n.,a ii„ G' ': the market is planned as the anchor J 1 ,,� 't ..- �t t.-,"°-,#i` � 4 or the city's historic Westend district. " -rr ;sem 1 er ."_ 7-'5, <..._ -T - ,rel; ' 4t'Jl ' '"y�,_._ •s' CONCEPT DEVELOPMENT 61 depending on the site's ownership and on the physi- In public markets, commerce coincides with cal form of the market itself.Many open-air markets intense social interaction, so adequate space where operate with only year-to-year arrangements for people can linger is desirable.Benches or tables and their sites; building a structure requires a longer- chairs should be provided if food is sold for eating term agreement that will warrant the cost of con- on the premises. Space also must be designated for struction. The shorter the lease term,the less stabil- the market's educational and promotional functions. ity the market and its sellers will enjoy,although Areas set aside for performances, community activi- entering into long-term leases initially might require ties, and cooking demonstrations will help solidify making an imprudent commitment. the market's social role and attract customers. When long-term agreements cannot be made The more complicated the design,the more for public property, one strategy is to enact legisla- likely it is that professional design assistance will tion that places the market formally on city maps. be needed. Designers should be selected who are Considerable precedent exists for official maps'list- sensitive to contextual issues,who appreciate the ing the sites of public markets.Another strategy is nuances of the market form, and who are patient to build some kind of permanent physical presence enough to make numerous small-scale decisions. on the site, even for a market that operates intermit- Public markets generally are utilitarian structures tently,such as signs,painted curbs or street markings that place first consideration on the needs of busi- for stalls, small gazebos, or the like.These features ness owners and customers,rather than on archi- link the location with the continuance of the mar- tectural"statements."Attractive architecture can help ket and provide a powerful inducement to keep the draw customers and provide a pleasing environment, market where it is. but it should not overshadow the movement,colors, smells,and sounds that are instrinsic to the market Design Considerations itself. If the designer has no direct experience with markets, it is crucial that he or she at least under- The design of the market ties the activity of buying stand retail and public-space design. and selling to the particular characteristics of the site Because building and health codes vary from and determines the aesthetic elements that make community to community,planners should investi- the market an interesting place to be. Good design gate relevant rules early in the design process. To can overcome site problems and can orient the avoid expensive surprises during construction, it market to exert the maximal positive influence on is best to work with the appropriate government its environs. agencies from the beginning. A market's configuration and character are influenced strongly by its surroundings. Open-air Shelter markets can fill closed streets,follow the perimeters of public parks and waterfronts,line arcades,and There is tremendous variation in the forms of shel- lie under elevated highways.Market halls typically ter provided by public markets,which can range from are situated within dense urban districts,near im- simple overhead canopies to ornate and grandiose portant civic structures, or at the commercial hubs buildings. Of course, some public markets provide of neighborhoods. no shelter at all. In open-air markets, sellers either Because of their flexibility, open-air markets provide their own protection in the form of umbrel- allow the sponsor to alter the market's design and las or awnings or use preexisting structures like the change its impact on adjacent uses over time. For overhang from a building, an elevated highway, or example, an outdoor market's configuration can a parking garage. This element makes open-air mar- direct people past existing or proposed retail estab- kets the most eclectic form of public market, as well lishments that need increased foot traffic.As patterns as the most flexible and inexpensive. Individually change, the market can be realigned to respond to furnished umbrellas and canopies can offer pleasing new opportunities or challenges.Market buildings, variety and color at no expense to the sponsor, al- which generally are internally focused, present a though design standards may be needed to ensure greater challenge in this regard. By incorporating reasonable quality. At Portland's Saturday Market, outdoor components such as street entrances and half of the market takes place underneath a major windows into the market hall design,the internal downtown bridge,while vendors in the open air rely action can be extended to the outside. Of course, on the canopies of their own booths to protect both enclosed markets' broader physical scale and ex- buyer and seller. panded daily operation will make a greater impact Markets that provide shelter generally have on adjacent uses. either shed structures or market halls,though these 3 WHITE BEAR LAKE FARMERS SMARKET 1995 Statement of Puraose To encourage commerce andexpand Whie teavailability providesfresh a produce to its residents, the City Farmers Market in its Central Business District. also The dCityerecog nizes the worth of a public produce market, f buipreserve the interests ofa shall govern the Whiteo8eareLak�y. Therefore, the following rules Farmers Market. $eaSO The White Bear Lake Farmer in July and concluding on thes Market shall operate on dlast beginning with the first Friday Friday of October. Time Tfherom White Bear Lake Farmers Merchant a selling produce atlthe sale P.M. °a Farmers Market are allowed to set up beginning at 7 :00 A.M. , and all vehicles and materiels must WWhite Bear Lake Public Works removeno later than " P.M. on the day of the market. T Department will barricade Washington Avenue each friday onewhich Third and Fourth Streets beginning at 7:00 Awhen market is operated. The barriersl be however, nod laterthe last vehicle has left the public P.M. At the discretion of the Public Works riot Washington Washis n if Avenue may popen isnotrrequiredand forparking market. the entire space R erved Locations Merchants wishing to sell produce at the reserarkatsale ae expected to contact the Public Works Departmentfor space is requested on a�sepubaicular bWorks Department willasis. No fee is gmaintain reservations. The City a reservation list of all assigned ace ni S notces for assigned regular i s merchants unoccupied using the market. If p after 9:00 A.M. , it shall be considered available on a first come first served basis. Sales Area Merchants selling froms arelcles al lowed must topark use in thethe street identiffor ie parking spaces and buyer shopping. Merchants are not allowed rtyto park or drive on the mall boulevard, sidewalks or p Tables are allowed to be set up on the mall area in 8'x 10' spaces, which can be reserved through the procedure described above. Merchants using the mall area must supply their own tables, stands, etc. Merchants using the sidewalk or mall space for sales are requested to unload their produce in the vicinity of_ their stands and park their vehicles in a remote location. Items allowed for sale • • The following items are allowed for sale at the White Bear Lake Farmers Market: * All forms of fresh vegetables and fruits * Cheese, if produced by the seller • * Honey and preserves, if packaged or canned in accordance with rules established by the. Minnesota Department of Agriculture * Bakery goods prepared in a licensed bakery . • * Dried flowers or plants which are not arranged for decorative purposes * Spices and home canning ingredients (dill , etc. ) The following items are specifically disallowed for sale in the White Bear Lake Farmers Market: * Clothing; cut flowers and bedding plants; • handicraft items and art objects, including wreaths and arranged flowers; beverages; prepared food other than bakery items; toys; tools; and any food other than that specifically allowed above. Clean -up • Prior to leaving the Farmers Market, each merchant is expected to collect and remove any paper, bags, boxes or miscellaneous debris, which is placed near the site as a result of his/her sales. Merchants responsible for leaving debris behind will be prohibited from selling in the Farmers Market for a period of twelve months. General Information The White Bear Lake Farmers Market is listed with the Minnesota Department of Agriculture for produce growers who request information on farmers markets. General information about the Farmers Market or space availability information can be obtained by calling the City's Public Works Department at 429-8566. 03/13/97 14:30 FAX 612 861 9749 CITY-RICHFIELD 0 002 CITY OF RICHFIr LD 1997 Farmers Market Policy Veterans Memorial Park of Richfield 64th and Portland Avenue South 997 Season: _c�.. ea Ma 3-Se•tember 7 7:00 a.m. - 12:00 p.m. Saturda seOctober 4- October 25 8:00 a.m.- 12:00 p.m. Stall fees shall be as follows: Full season (paid in advance) $325.00 Half season (paid in advance) $ 167.50 (May 3-July 26 or Aug.2-Oct 25) Daily (12 weeks or less) $ 13.00 Vendor Selection Process: Upon receipt of a vendor's application, selection will be made by the Special Programs Manager and Market Coordinator. Consideration/priority will be given first to produce/items for sale in the best interests of the Market and the City of Richfield, then full season applicants, half season applicants and all other applicants. Policies: 1. Our market is for local growers to sell produce which they have grown. No brokers, - agents or others may represent a farmer. 2. Greenhouse growers who purchase plants must maintain them in their greenhouse 4 days and the container must be changed. Violation of this rule could result suspension of all selling privileges for up to one calendar year. 3. Produce must be of good quality in the judgment of the Market Coordinator. Poor quality items shall be ordered removed. 4_ Stall dimensions are 10'x 20'. Stall dimensions must be obeyed and selling done in - designated areas only. 5. Vendors may rent a maximum of two stalls per season. This will be limited to six veDdors. 6. All vendors must display a sign approximately 10"x 20"with their name and address. If management must supply a sign for a vendor,the vendor will be charged a fee to . reimburse cost of producing sign. 1Mookr9s 1 03/13/97 14:31 FAX 612 861 9749 CITY-RICHFIELD 2003 7. Vendors may not sublet or rent their stall(s)to any other party. 8. All vendors are required to clean up their stall(s) after usage. This includes the selling and parking spaces. Failure to clean up properly will result in a fine (equivalent to our cost of cleanup)and/or loss of future selling privileges. Du_�the modhs of May - Seim , v do a • e n more ban one hour before startin• :me 6-00 m. ma sfa o mo • _1 - , •ne h• r after the market closes(l•00 p m . nd must be to eJl 6 6: a endi r . tirrr f • n• o d .m_ must be ad ered o or A• r r 1,r- •e res. • to another vendor for a daily fee. 18. 'uri • them• ,th o • t• • -r ve • • ma -rrive o more than • e ho_ before startin time : a.m.j, m stay no more than on hour after me market closer 1: .m.}. acrd must be rea to sell by T a m Start, g and ending times(8 ►n- -j2o.m.)must be adhered to or our stalfjo a _other vendor for a daily feel 11 u "n o Ma Se tem !f v dor d es nos o that t star!maybe r+�snid tr,a by 6:30 a.m., daily vendor without a rind fo the no-showlt vendor. 12.0 "n th onth of Qcto if r does o s u 7.30 .m. stall mmbe resold to a daily vendor without a refund to the no-show vendor. 13.Daily stall rentals will ONLY be available to vendors from within the current season vendors list. 14.Ovemight parking is prohibited in Veterans Memorial Park. 15.Discourtesy to patrons, obscene language, shouting or hawking is not perm. 16.Pets are not allowed within the picnic shelter area. 17.Alcoholic beverages and smoking are prohibited at the market 18.We adhere to and support the Minnesota Grown campaign policy. 19.We reserve the right fin pnvem the market in a manner conciotont with goad bu+„►ure*y practices and believe that vendors must present themselves in a professional manner at all times. For additional information, contact Richfield Recreation Services Dept,at 861-9795. Approved`ay Richfield Community Services Commission January 12,1993 New Rates By Richfield City Council December,1993 ftwaylm2 03/13/97 14:31 FAX 612 861 9749 CITY-RICHFIELD 004 Vendor Information Richfield Farmers'Market Veterans Memorial Park 64th and Portland Avenue Date: Name:(Print) Address: City: State: Zip: Home Phone:- Work Phone: County where crops are grown: I efie is not listed on this form,von ma not sella produce grown that field. Please fill out this orm COMPL TELY and ACCIJRA FELy. 1 , i.,acts . 10,ii w• i s i the , o a erty list- . on i Iii a+ ,v l e Oh •t e Richfield e ' M arket Address of location: Name of Farm Owner: What percent of your produce do you expect to sell at the Richfield Farmers'market? Will you be selling for the entire season(May 1 -Nov 1),or what will be your selling season? Selling privileges at the Richfield Farmers'Market are extended to bona fide producers for the sale of their farm produce which they have grown themselves. If you buy produce for resale at this market,your selling privileges will be revoked for a period of time set forth by the Market Coordinator and Recreation Manager. I have read and understand the Policies set forth by the City of Richfield and have completed the Land Rental Information Accurately and Completely. I agree to abide by said Policies. I agree to crop/product inspection by the Richfield Farmers'Market Coordinator,Special Programs Manager or stall ,r , , ,, s , '• , :i .i and a, , ova Date Applicant's Signature Nres 1 03/13/97 14:32 FAX 612 861 9749 CITY-RICHFIELD Z005 Nf_ EN AL N�QRAf no THIS FORM MUST ACCOMPANY YOUR APPLICATION OR YOUR APPLICATION WILL NOT BE CONSIDERED. I' , have rented (Landowner's name) (No. of) acres tofor the growing season: • or years_ (Year) (No. of) OR • of to or (month) (month) (No. of months/years) Location(s)of rented field(s) is at (Landowner's signature) (Landowners address and phone number) (Grower's signature) Space below is available to draw a diagram of grower's field at above address_ For example, if land is divided into plots, where is this growers plot located from the main access o 03/13/97 14:32 FAX 612 861 9749 CITY-RICHFIELD 0006 CROP PLAN FOR 1997 SEASON • List all the products you intend to sell at the Richfield FarmersMarket:include vegetables,plants,cut flowers,wild flowers,eggs,honey,cheese,syrup,bakery goods, meat,etc. • ALL ITEMS you intend to sell must be listed,otherwise you will be prohibited from selling that item. Continuos violations will result in suspension from the market. Total Acres plants in crops: CROP Feet of Plantings First Last (Be Specific) Rows or Per Season Harvest Harvest Acres Date Date (Annual Total) 1. 2. 3. 4. -5. 6. 7. 8. • 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 21. 77 APP97 2 03/13/97 14:33 FAX 612 861 9749 CITY-RICHFIELD l007 SELLER AJVD VEHICLE INFORMATION Please list all nsell your produce during the coming season. 6. 2. 7. '. 8. 4. 9. 5. 10. Please list all vehicles,make,model and license plate number for each vehicle to be used during the coming season. MAKE MODEL LICENSE PLATE 1. 2. 3. 4. 5. 7 3 J SENT E City of Shakopee 13 . E ' MEMORANDUM TO: Mayor and City Council FROM: Mark McNeill, City Administrator DATE: March 11, 1997 RE: Met Council Member Elections INTRODUCTION: The Council is asked to take a position regarding a bill that has been introduced in the Legislature that would provide for the direct election of Met Council representatives. BACKGROUND: Since the inception of the Metropolitan Council, appointments have been made by the Governor for four year terms; appointments of eight members are made every other year. HF423/SF175 has been introduced by Representative Orfield and Senator Flynn, respectively, for consideration by the Legislature. This would provide for 16 Metropolitan Council representatives to be elected from equally apportioned districts. Elections would be on a staggered four year term, and would be non-partisan. Public financing would be provided. The bill also provides that the Chair would be elected from among the 16 members for a one year term. The AMM has taken no position on this. DISCUSSION: As we see it, the problem with a direct election of Metropolitan Council representatives is that it would add legitimacy to that body as another layer of government rather than as a state agency. Our concern is that they already have more oversight then what was anticipated when the Metropolitan Governance Act was instituted in the 1970' s. While this has been something that has been debated in past years, one reason that the bill has been introduced at this time is due to the core cities' disenchantment with the Met Council' s growth option plan, adopted last fall . These core cities are also AMM members; for that reason, it would be impossible for the AMM to take a position on this that would be acceptable to its wide diversity of members. iii4Giii00 RECOMMENDATION: So that our legislators are aware of our position, an action stating opposition to the proposed direct election of Met Council representatives is recommended. ACTION REQUIRED: If the Council concurs, it should, by motion, pass a motion in opposition to HF423/SF175, providing for the direct election of Metropolitan Council representatives. 1WAUJitU Mark McNeill City Administrator MM:bjm [MCNE ILL.MEM] -2- /3. E. 7. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Salary Structure DATE: March 14, 1997 INTRODUCTION: At its meeting of March 18th, the Council will be asked to consider a modification of the City's Pay Plan. BACKGROUND: In December, staff was asked by the representatives of the Clerical Technical Union to address an equity problem relating to some of their members who appeared to have been at a salary level less than what the comparable position would have been as a non-union member. In January,the City approved changes for the compensation of these positions regarding comparable worth issues. Both of those issues made the point that the City's existing pay structure was in need of revamping. The existing plan has been modified several times since its inception following the 1985 Pay Equity Act. It needs to be revamped. In response, in January,the Council authorized Fox Lawson and Associates to review the plan to make it equitable, and also to address comparable worth issues. A concept plan was reviewed with the City Council at a meeting on March 11th; at that time,the Council directed that fiscal impacts be done for a variety of alternatives. Those alternatives are expected to be reviewed with the City Council on Tuesday evening. RECOMMENDATION: Depending upon the results of the financial impact, it is anticipated that the Council will be asked to adopt a pay plan, if it feels comfortable with that action. ACTION REQUIRED: If the Council feels that it is in the position to adopt a plan, it should do so. 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CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Session - Labor Negotiations DATE: March 13, 1997 At the March 18th City Council meeting,the Council will be asked to recess a closed session for the purposes of discussing labor negotiations. U� tkW-Lai Mark McNeill City Administrator MM:tw