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02/18/1997
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 18, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] 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.) 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *6] Approval of Minutes: January 21 and 28, 1997 *7] Approve Bills in the Amount of$737,884.70 8] Communications 9] Public Hearings 10] Recommendations from Boards and Commissions A. Rezoning from B-1 to R-2 for property located north of Bluff Ave. and east of Naumkeag Street - Ord. No. 477 - tabled 2/4 B. Extension of Moratorium on Personal Wireless Communications Towers - Ord. No. 478 C. Reimbursement of Certain Appeal Fees - Ord. No. 475 TENTATIVE AGENDA February 18, 1997 Page -2- 11] 2-11] General Business A] Police and Fire *1. New Copy Machine B] Park and Recreation 1. Family Net Office Space 2. Community Center 1996 Financial Report C] Community Development 1. Appointment to Planner II Position *2. 1996 Transit Fund Budget Amendments - Res. No. 4620 D] En ineering 1. Easement Acquisition for Maras Street, Project No. 1996-4 - Res. No. 4614 2. Authorization of Lead Person Positions in Public Works Department *3. Payment to S.M. Hentges and Sons for 1993 Reconstruction, Project No. 1993-7 4. St. Mark's School Four Way Stops E] General Administration 1. Minnesota Police Recruitment System - Res. No. 4616 and 4617 2. Fire Station a. Approving Plans and Authorizing Ad for Bids - Res. No. 4619 b. Building Permit Fee Waiver 3. Pending Legislation for Video Slot Machines at Canterbury Park 4. EDA Request for Interim Funding for Blocks 3 and 4 5. Cleaning Contracts 6. Electric Utilities Property Tax Change - Res. No. 4618 *7. Amendment to Protective Covenants - Valley Park 6th Addition 8. Appointments to Boards and Commissions - Res. No. 4615 *9. Interfund Transfers 12] Other Business 13] Adjourn to Tuesday, February 25, 1997 at 7:00 P.M. TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 18, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] 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.) 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *6] Approval of Minutes: January 21 and 28, 1997 *7] Approve Bills in the Amount of$737,884.70 8] Communications 9] Public Hearings 10] Recommendations from Boards and Commissions A. Rezoning from B-1 to R-2 for property located north of Bluff Ave. and east of Naumkeag Street - Ord. No. 477 -tabled 2/4 B. Extension of Moratorium on Personal Wireless Communications Towers - Ord. No. 478 C. Reimbursement of Certain Appeal Fees - Ord. No. 475 TENTATIVE AGENDA February 18, 1997 Page -2- 11] 2-11] General Business A] Police and Fire *1. New Copy Machine B] Park and Recreation 1. Family Net Office Space 2. Community Center 1996 Financial Report C] Community Development 1. Appointment to Planner II Position *2. 1996 Transit Fund Budget Amendments -Res. No. 4620 D] Engineering 1. Easement Acquisition for Maras Street, Project No. 1996-4 - Res. No. 4614 2. Authorization of Lead Person Positions in Public Works Department *3. Payment to S.M. Hentges and Sons for 1993 Reconstruction, Project No. 1993-7 4. St. Mark's School Four Way Stops E] General Administration 1. Minnesota Police Recruitment System-Res. No. 4616 and 4617 2. Fire Station a. Approving Plans and Authorizing Ad for Bids -Res. No. 4619 b. Building Permit Fee Waiver 3. Pending Legislation for Video Slot Machines at Canterbury Park 4. EDA Request for Interim Funding for Blocks 3 and 4 5. Cleaning Contracts 6. Electric Utilities Property Tax Change -Res. No. 4618 *7. Amendment to Protective Covenants - Valley Park 6th Addition 8. Appointments to Boards and Commissions -Res. No. 4615 *9. Interfund Transfers 12] Other Business 13] Adjourn to Tuesday, February 25, 1997 at 7:00 P.M. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 21, 1997 Harry Pass, retired Public Works Foreman, was presented with a plaque in recognition of 29 years of employment with the City of Shakopee. Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. 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; and Gregg Voxland, Finance Director. Mayor Henderson gave a brief explanation of each of the items listed as consent items and advised that anyone on the Council or in the audience could request that an item be removed from consent; and he said that item 11A.5) Initiating Vacation of Lewis Street north of 1st Avenue was deleted from the agenda. Sweeney/Zorn moved to approve the agenda as presented including the consent items. Motion carried unanimously. No 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. Sweeney/Zorn moved to approve the Minutes of December 4 and 17, 1996. (Motion carried under Consent Agenda.) Sweeney/Zorn moved to approve bills in the amount of $664,682.61. (Motion carried under Consent Agenda). Mayor Henderson reported that the Minnesota Department of Transportation had approved and agreed to pay for the 169 signage change from Adams Street to Marystown Rd and County Road 15. Mayor Henderson opened the public hearing for the vacation of Fuller Street and Atwood Street between 4th Avenue and 5th Avenue. Mr. Leek explained that the proposed vacation was requested by Scott County and that it is in connection with the planned unit development for the Justice Center and that representatives from the County Board, the County, and the Project Manager were present to answer any questions. Official Proceedings of the January 21, 1997 Shakopee City Council Page -2- Mr. Leek stated that the Planning Commission recommended approval of the vacation with the condition that an easement be reserved for Minnegasco lines or that the County cooperate with them in the relocation of the gas line. Another condition was that Shakopee Public Utilities Commission easements be retained for an existing overhead line on the west side of Fuller and an underground electric line crossing Fuller at two locations. He also requested that staff be directed to prepare the appropriate resolution, as chosen by the City Council, after the public hearing. Mayor Henderson recognized Scott County Board Chairman Malz and Commissioner Bannerman's presence as well as Greg Davies, Project Coordinator of the County Campus project. Mayor Henderson asked if anyone present in the audience wished to address the City Council on _ this issue. Commissioner Malz approached the podium and gave a summary regarding needs and land for the facility. He said the reasons they wanted to remain in Shakopee were so that the facilities would not have to be split, there would be a minimal negative affect to the tax base, there would be a direct economic effect to the downtown area, and the Marquette Bank has given the County the building and the lot on the corner of 3rd Avenue and Holmes that will eventually be linked with the campus and the downtown area. Mr. Davies approached the podium and reviewed details of the master plan for Scott County. He said this was the first opportunity the County has had to present the plan to the public. He explained that crowded hallways and courtrooms, lack of security, and scattered offices for the Court Services and County Administration led to the need to build. The commitment and decision to stay downtown was made after much discussion as to what happens when a facility is split. It was decided that it would not be in the best interest of the citizens of Scott County to split the facility. He explained that the County had formed a committee called the Justice Center Planning Committee which was made up of Scott County Citizens and County staff who provided input into this process. He also said it was determined that it would not be cost effective to remodel the St. Francis building. Mike Cox, architect for the facility, approached the podium to discuss the Justice Center plan and the planning principles that went into the concept plan. Function, access, and safety and security were listed as important characteristics while looking at long term needs. He said safety, security, and access were focused on a single entry point and avoiding confusion of various entry points. He said the major goal of the County was to provide user friendly services with one entry point. Mr. Cox said the current focus is on a 3-block area with the first phase of construction being the Justice Center, the existing complex where County Services will be located, and linking this complex with one entry point, therefore, suggesting the vacation of Fuller Street. He also said they were focusing on Atwood Street to meet a parking requirement of 540 cars for the current plan. He Official Proceedings of the January 21, 1997 Shakopee City Council Page -3- said if Atwood is not used the parking would be reduced by about 60 cars and the parking lot would be moved 150 feet. Mr. Cox reviewed the various phases, explaining that Phase I encompasses a 3-block area for the Justice Center and parking. Phase II included the renovation of the existing courthouse to a County Services Complex between 1997-2000. Phase III anticipates a Law Enforcement Center with the potential of acquisition for parking to the north from 1999-2010. Phase IV allows for the potential of building a new jail and additional parking to the north. Phase V is the completion of other open ends, if needed. He added that the intent is not to close 4th Avenue but to slow the traffic to allow for access points. In response to a question regarding decreasing property values, Mr. Malz explained that property values don't generally drop upon completion of construction of this type of facility. Mayor Henderson reported receiving questions regarding concern for the impact of collector streets and north-south streets. Mr. Loney explained that the north-south alternatives have been analyzed by Chuck Ricker of WSB and Associate and he reviewed them. He said Fuller was built with the intention of being a collector street and the County has tumbacked Apgar to the City. Alternative #1: Closing Fuller will increase traffic on Scott, Holmes, and 6th Avenue to accommodate traffic. Alternative #2: using Scott to connect to Fuller to the South, was not recommended due to the negative impact on development south of 10th Avenue. Alternative #3: Designating Apgar as a collector street would require realignment of Fuller Street which would mean additional costs to the City to build Apgar Street. Mr. Loney said the City has already spent $119,000.00 in oversizing costs to make Fuller a collector street. He said it would cost an additional $112,000.00 to realign Fuller into Apgar. He also said there are oversizing costs of$202,000 and double-fronted lots that can't be assessed if Apgar were built. Ralph Lenzmeier, 212 West 5th Avenue, approached the podium and said he was over whelmed and would like more discussion regarding access. He said he was opposed to closing Fuller and Atwood Streets and that all consideration has been given to easy access and to staff. He also said he was concerned about access to the church. Dawn McQuillan, 1585 Monarch Street, President St. Marks Parish Pastoral Council, approached the podium and discussed safety issues involving the SACS school and playground. She said inadequate access and safety concerns will have a negative affect on enrollment. Reduced access will also have a negative impact on church attendance which will mean reduced income and school and social programs for St. Marks. She said narrowing 4th Avenue will result in 3rd Avenue becoming the fire truck route which will endanger students. She also said she has heard no discussion regarding special traffic flow considerations for funerals. Changing traffic patterns will shorten the life of other streets in the area that the residents in the area and St. Marks are just completing street assessment payments for. She said that Scott County has not asked for input from St. Marks at any time during the planning process and requested the architects and administration of Official Proceedings of the January 21, 1997 Shakopee City Council Page -4- the County Complex to come up with a functional, esthetically pleasing plan that will not close or narrow streets, endangering lives or threatening the vitality of the church. She also requested the City deny or delay the request to vacate the right-of-way. Barb Klehr, 921 Sommerville Street, approached the podium and said she did not want Scott Street to become so busy that children might be injured. She said SACS is a community of churches within the community and that the opinions of St. Marks, St. Mary's, and St. Mary's in Marystown should be heard. Lawrence Samstad, 1342 10th Avenue E, approached the podium and said the City's planning phase should include how the campus will affect the neighborhood area. He said the campus is placed within the city without respect to the surrounding area. He asked why there is another campus on Highway 282, adding that there is already a split campus. He said he didn't feel that having a jail across from a church was a good idea and suggested putting it on Holmes. He said bringing arterial traffic to Scott Street at 4th Avenue creates a dangerous situation near the school with the hill. He said the residents are not being considered in the plan to block Atwood and Fuller Streets and suggested following Apgar through to 1st Avenue. He said that he doesn't see a plan being thought out from the aspect of the City but rather the City reacting to the County plan hoping it will work. Mr. Loney explained that Apgar was initially considered. However, the railroad crossings create a transportation safety issue and could not be approved. Tom Rein, 412 Scott Street, approached the podium and said he was pleased with the decrease in traffic since the closing of St. Francis and asked about anticipated traffic levels for Scott Street. Mr. Ricker responded that by 2010, 4,000 cars a day are anticipated. Toby Berens, 534 S. Holmes Street, approached the podium and discussed on-street parking, adding that it is out of hand. He said he was concerned with the expansion of the campus and asked if there might be a requirement for employees and visitors to use the parking lot. Marty Glynn, West 128th, approached the podium and said a parking problem already exists and designating Scott a collector street would be an unsafe situation with a potential for accidents with fire trucks pulling out. He said he was never asked for his opinion in relation to closing streets. He also said he did not feel the traffic projections were correct and that the businesses would experience losses if a jog is created. In response to the parking issue he said there are other lots available in the area. If this plan is approved he suggested that the City consider street parking around the area with a 1-2 hour limit as well as require the County to hire a security officer to enforce parking and to encourage employees to park in the lot. James Heine, 220 5th Avenue W, approached the podium and said it was his opinion that property values will be reduced and that he would be willing to enter into an agreement with the County Official Proceedings of the January 21, 1997 Shakopee City Council Page -5- through third party arbitration to be reimbursed for a loss in property value. He said he has a problem with access to his home because employees park in front of it. He also said he was opposed to closing Fuller and Atwood Streets. Judy HaldenBeck, 1088 Jackson St, approached the podium and said her parents, who live on Fuller Street have been assessed for oversizing. She explained that by placing the main entrance between the Justice Center and the County Services, people will park on Fuller in front of her parents home. Ethel Schneider, 127 W 4th Avenue, approached the podium and asked why the Justice Center couldn't be build up rather than in a 3-block area. She said she is opposed to closing streets. Ralph Lenzmeier, approached the podium and said he hoped the people would be heard and considered, and that some action would be taken. Tom Rein, approached the podium and inquired about the height of the proposed building. Mr. Cox answered that the building will be approximately the same size as the existing building with 3 stories. Dan Jobe, 511 McDevitt, approached the podium and said his property abuts Apgar south of 10th Avenue. He suggested the collectors south and north of 10th be separate issues and that either of the three alternatives would work south of 10th Avenue. He said he would like to see additional planning and consideration of the alternatives to develop the collector system. He also said that limiting the railroad crossings would force traffic to collector streets. Bill Berens, 2nd and Fuller, approached the podium and said he was in favor of a split campus, that Fuller is already a collector street and makes the businesses accessible, and had safety concerns for traffic near the school. Janice Neisen, 238 W 5th, approached the podium and said she understood that the County has done a lot of work on this project but asked that some consideration be given to the residents of the neighborhood. Renee Lehman, 815 E 8th Avenue, approached the podium and said she was not in favor of children walking past the jail and had concerns regarding traffic. She said she was under the impression that the current building could be built upon and suggested not building in this area. In response to her question regarding an additional story to the existing courthouse, it was explained that an additional story has already been constructed and that no additional stories can be added. Mayor Henderson explained that closing Fuller and Atwood Streets was the focus and thanked the County and staff for the information provided. There being no further comments the public hearing was closed. Official Proceedings of the January 21, 1997 Shakopee City Council Page -6- Link/DuBois moved to deny the request to vacate the right-of-ways for Fuller and Atwood Streets between 4th and 5th Avenues. Zorn/DuBois moved to table the vacation request to allow for further study, because of the issues that have been brought up. Motion carried 4-1 with Cncl. Link opposed. A recess was taken at 8:38 P.M. The meeting re-convened at 8:57 P.M. The public hearing for Part II Minnesota Investment Fund Application on Behalf of ADC Telecommunications, Inc. was opened. Mr. Leek explained that a public hearing and resolution authorizing the application for investment funds was required. Mayor Henderson explained that this is part of a grant for $250,000 to assist ADC, which the City agreed to apply for to assist in their relocation. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. There being no response or further discussion the public hearing was closed. Zorn/Sweeney offered Resolution No. 4593, A Resolution of the City of Shakopee Authorizing Application to the Minnesota Department of Trade and Economic Development (DTED) for Minnesota Investment Funds For ADC Telecommunications, Inc., and moved its adoption. Motion carried unanimously. Mayor Henderson recognized Paul Snook, new EDA Coordinator. The following item was taken out of order on the agenda: 10c) Stone Meadow Planned Unit Development No. 11 located east of Highway 169, north of the bypass, and west of Tahpah Park. Mr. Leek explained that the Planning Commission spent a considerable amount of time reviewing the plan for Stone Meadow Planned Unit Development and a number of changes had been made along the way. He said there are 41 signatures on petitions in opposition of the development. This development involves townhouse structures with 4-8 units per building. He said 211 units were originally proposed with a density of 6.027 units per acre. The revised plan includes 203 units with an overall density of 6.035 units per acre. Other issues include open space and parking. He said this project requires 406 off street parking spaces. With garages, pad parking, and visitor parking areas, there are 644 parking spaces providd for, or 59% more than required by the ordinance. He said there is a 20% open space requirement of 7.85 acres and the current plan shows 7.91 acres open space. In addition, there is a proposed access into Tahpah Park to be dedicated to the City. Mr. Leek said the Planning Commission recommends approval of the PUD subject to conditions. Official Proceedings of the January 21, 1997 Shakopee City Council Page -7- In response to a question regarding zoning, Mr. Leek explained that the property is currently zoned R1-B; single family residential. The request is for a PUD which would require a zoning change if approved. In addition, the 1995 comprehensive plan, adopted in 1996 designates this property for medium density residential development. This allows for 5-11 units per acre. He said the density is consistent with the comprehensive plan. A discussion ensued regarding the possibility of purchasing additional land owned by the State for improvements to the park and for parking. A discussion ensued regarding construction of public and private streets in connection with the dedication to Tahpah Park. In response to concerns as to how long this would be a land-locked community, Mr. Loney explained that the feasibility study for Vierling Drive from Presidential Lane to Old Trunk Highway 169, and to connect Taylor and Polk Streets will be brought to Council for approval soon. He said if this project doesn't go through it would be a Council decision whether or not to move forward on building Vierling Drive and/or to purchase the right-of-way to build it and to assess the properties accordingly. A discussion ensued regarding density and zoning and the need for a mix of properties. Mr. Leek explained that currently the zoning ordinance takes precedence where there is a question, and the transition to the Comprehensive Plan taking precedence will take effect in 1998. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. Rick Murray, Residential Development, approached the podium and said he had met with the neighbors and determined the area needed to be studied. As a result, 2 units were removed putting the density at 4.9 units per acre. Set backs were also increased to 75 feet from residential properties to the north. He said there will be two associations, one for the 8-plex buildings and one for the townhouse buildings responsible for street maintenance, landscaping, snow plowing, etc. The average age of occupants is 60+ and the units range from $110,000 to $130,000. Rhonda Laxen, 1694 13th Avenue W, approached the podium and said she had initiated the petition, that the issue is not quality but quantity. She said she felt the area was too dense. Her complaints were that her view of Tahpah Park would be blocked, the bypass increases traffic by Sweeney and Adams Streets, there are no stop signs on Adams Street, and concern for traffic on Polk Street with a number of day care providers in this area. She said she was also concerned about an increase in crime with this level of density. She said she did not feel these were affordably priced homes and was concerned that owners would still be free to rent. Official Proceedings of the January 21, 1997 Shakopee City Council Page -8- Mayor Henderson explained that this area will be developed with the mall area being expanded and traffic levels will be there. He said the development of this project will not make that much difference in the growth. He sympathized with single-family homeowners, however felt some of the concerns were unwarranted. He explained that a developer could put 5 single-family units with minimum setbacks and crowd in approximately the same number of people this developer has proposed. He said if the developer waits until the Comprehensive Plan takes precedence he will be able to do more than he has proposed. He said the developer has made a good effort in setting sufficient setbacks and neighborhood transitions. DuBois/Sweeney offered Ordinance No. 473, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Commonly Known as the Property West of Tahpah Park and North of the Shakopee Bypass, from Urban Residential (R-1B) to Planned Unit Development Overlay Zone No. 11, and moved its adoption. Motion failed 3-2 with Cncls. Link and Zorn opposed for the reason that a PUD is a discretionary act and it doesn't meet the standards PUD approval. A recess was taken at 10:20 P.M. The meeting re-convened at 10:35 P.M. The following item was taken out of order on the agenda: 1 lc-2) Towing Contract Discussion. Chief Steininger approached the podium and explained that other police departments were contacted regarding rotation of towing services. He said other cities use a primary and a backup service but there is no rotation in Scott County by size of wrecker needed or type of call. He also said that smaller cities tend not to have contracts. William Peterson, 1705 W 3rd Avenue, approached the podium and said he had proposed the rotation system. He said a 1-company provider is a monopoly and a restrain of trade. He said he has equipment and personnel and said a rotation system would be more equitable. Les Koehnen approached the podium and said that Shakopee Towing was first utilized nine years ago at the request of the former Chief of Police. He said Shakopee Towing has worked well in the past and sees no reason to change the system. Zorn/Sweeney moved to advertise for a single provider for towing based on equipment as required in the prepared proposal. Motion carried unanimously. Paul Bilotta, representing the City of Shakopee, approached the podium and addressed the development agreement with Centres Group. He showed where the RALF property is located, noting that the City still owns a small parcel which was inadvertently left out when the legal description was prepared (conveying the property to MnDOT). He also discussed excess right-of- ways not available for purchase from Minnesota Department of Transportation until one year after Official Proceedings of the January 21, 1997 Shakopee City Council Page -9- the completion of the bypass. The polluted area is the old Gopher truck stop. He explained that the property was acquired in pieces with the idea of the City consolidating the property into one usable piece. He said that the new agreement addresses more specifically size and cost issues. He discussed penalties to insure Centres does what they say and as a result, performance by certain dates was added to the agreement. Discussion ensued regarding assessments for the construction of Vierling Drive and Mr. Bilotta explained that included in the agreement is a clause whereby Centres agrees on future assessments. Sweeney/Zorn moved to approve the proposed agreement with Centres Group and authorize the appropriate City officials to execute the agreement. Motion carried unanimously. The next item was taken out of order on the agenda: 1 la.1) E.D.A. Structure and Effectiveness. Mayor Henderson explained that the previous system was more efficient and felt that the current format is duplicative and delays developers unnecessarily. He proposed to reconstitute the EDA membership so that the City Council serves as the EDA. Sweeney/DuBois moved to set a public hearing to consider modifying the enabling Resolution No. 4381, relating to the EDA membership, to be held at 4:30 P.M. Thursday, February 6th. Link/Sweeney moved to amend the motion to set the public hearing at 5:00 P.M. Motion carried unanimously. Mark Miller, President E.D.A., approached the podium and distributed a memo relating to the EDA structure and effectiveness. He suggested EDA members attend City Council meetings to prevent delays to developers. Motion, as amended, carried 4-1 with Cncl. Zorn opposed. The following item was taken in the normal order of business on the agenda: l0a) Amending City Code by defining "Office Showroom". Zorn/DuBois offered Ordinance No. 474, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, by Adding a Definition of "Office Showroom", and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Ordinance No. 472, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, to Amend a Definition of"Open Space", and moved its adoption. A discussion ensued regarding the 20% open space requirement for planned unit development overlay zones. Official Proceedings of the January 21, 1997 Shakopee City Council Page -10- Motion carried unanimously. Mr. Leek explained that Ordinance No. 475 would provide for reimbursement of fees paid by an applicant in connection with a successful appeal. He requested that a public hearing be set for the Planning Commission to make an amendment to Zoning Ordinance Chapter 11. Sweeney/Zom moved to direct that a public hearing be set at the Planning Commission to consider 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. Motion carried unanimously. DuBois/Link moved to direct that a public hearing be set at the Planning Commission to consider amending Section 11.80, Subd. 4 of the City Code to allow the City Council to waive fees required by Section 11.80, Subd. 4 for non-profit organizations. Motion failed unanimously 5-0. Mark McNeill asked for consideration of plans and specifications for demolition of Blocks 3 & 4, and to order advertisement for bids opening February 18; also to be considered by the E.D.A. tomorrow night. Demolition would be completed by May 1st. A discussion ensued relating to demolition in conjunction with the Scott County HRA plans. Mark Miller, President of the E.D.A., said this issue is on the next E.D.A. agenda and asked Council to call for the site to be back filled in the bid. Sweeney/Zorn offered Resolution No. 4607, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the Demolition of Blocks 3 and 4 City of Shakopee, and moved its adoption contingent upon E.D.A. approval on January 22, 1997. Motion carried unanimously. A recess was taken at 11:39 P.M. The meeting re-convened at 11:48 P.M. Sweeney/Link moved to authorize the appropriate City officials to execute the Joint Powers Agreement for 1997 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4604, A Resolution Accepting Bids For The Trunk Sanitary Sewer Areas "SS-H" & "SS-D" Project No. 1996-6; And For The Installation Of Sanitary Sewer laterals In The NE 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22; And The NW 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9, and moved its adoption. Motion carried unanimously. Official Proceedings of the January 21, 1997 Shakopee City Council Page -11- Zorn/DuBois moved to authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. to provide consultant construction services for the City of Shakopee (1996-6 and 1996-9 Projects). Motion carried unanimously. Link/Sweeney moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1996-6 and 1996-9 Projects. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4605, A Resolution Accepting Work On The Millpond Treatment Basin Project No. 1995-7, and moved its adoption. (Motion carried under Consent Agenda). Mr. Loney reported that interviews have been held for the Public Works Supervisor position and recommended hiring Michael Hullander, a maintenance worker with the City for over 17 years. Link/Sweeney moved to authorize the hiring of Michael Hullander as Public Works Supervisor at Step 1 of the 1996 Pay Plan with an effective date of January 22, 1997. Motion carried unanimously. Sweeney/DuBois moved to authorize the appropriate City staff to advertise to hire one maintenance worker to fill the vacant position and to wait on the hiring of the budgeted additional maintenance worker position until later. Motion carried unanimously. A discussion ensued relating to the use of the previous County applicant list. Sweeney/Zorn moved to hire off of the County applicant list. Motion carried unanimously. Sweeney/Zorn moved to accept the resignation of Don Bisek from the Police Department with regrets. (Motion carried under Consent Agenda). Sweeney/Zorn moved to authorize the appropriate City officials to purchase a used 1996 Chevrolet Lumina or similar intermediate size car through Northstar Auto Auction for not more than $13,900 including taxes and acquisition fees. (Motion carried under Consent Agenda). Sweeney/DuBois moved to remove the designation of the official newspaper from the table. Motion carried unanimously. DuBois/Sweeney moved to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1997. Motion carried with Cncl.Zorn opposed. Official Proceedings of the January 21, 1997 Shakopee City Council Page -12- Sweeney/Zorn moved to explore electronic copy preparation procedures to earn a discount for providing publication-ready material. Motion carried unanimously. Sweeney/Zorn moved to direct the Mayor and City Clerk to execute the agreement by and between the City of Shakopee and the Shakopee Cable Access Corporation. (Motion carried under Consent Agenda). (Among other things, said agreement provides that all fees payable by the franchisee to the City pursuant to the franchise agreement be paid to Shakopee Cable Access Corporation.) Sweeney/Zorn moved to approve the amendments to the Joint Powers Agreement of the Scott Joint Prosecution Association. (Motion carried under Consent Agenda). (The two amendments to the By-Laws concern Section 5, Costs Limited, and Section 10, Termination as to One Party.) Mr. McNeill asked for authorization to negotiate with Scott Joint Prosecution Association for the rental of the "Community Room" in the basement of City Hall. Zorn/DuBois moved to authorize staff to negotiate a rental amount with the Scott Joint Prosecution Association for the use of the community room in Shakopee City Hall. Motion carried unanimously. Sweeney/Zorn moved to authorize the City Clerk to execute a request for gambling proceeds from the VFW. (Motion carried under Consent Agenda). Sweeney/Zorn moved to direct staff to prepare a 1997 Budget amendment increasing the Fire Department capital equipment appropriation by $3,700. (Motion carried under Consent Agenda). Sweeney/Zorn moved to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 S. Atwood for February 8, 1997. (Motion carried under Consent Agenda). Sweeney/Zorn moved to authorize the law firm of Hoff, Barry, and Kuderer to represent the City of Shakopee in the special assessment appeal of Clete and Helen Link. (Motion carried under Consent Agenda). Mr. McNeill asked Council to amend the 1996 Pay Plan to bring the City into compliance with pay equity reporting requirements. Three positions are recommended to be upgraded. The overall increase annually will be$3,660. Zorn/DuBois offered Resolution No. 4608, A Resolution Amending Resolutions No. 4368 and 4602, by Amending the 1996 Pay Schedule for the Payroll/Benefits Coordinator and Executive Secretary, and moved its adoption. Discussion ensued. Motion carried with Cncl.Sweeney opposed. Official Proceedings of the January 21, 1997 Shakopee City Council Page -13- Zorn/DuBois moved to authorize the appropriate city officials to execute the amendment to the Clerical, Technical Custodial Bargaining Unit Contract (accounting clerk wage schedule). Motion carried unanimously. Sweeney/Zorn moved that the probationary period has been successfully completed and to assign regular status to Mark McNeill. (Motion carried under Consent Agenda). Sweeney/Zorn moved to authorize Mark McNeill to become a member of the Shakopee Chamber of Commerce. (Motion carried under Consent Agenda). Mr. McNeill asked Council to schedule a time to hold a workshop to discuss street overlay and street lighting policies. Sweeney/Link moved to schedule a workshop to discuss Public Works items for February 25, 1997 at 6:00 P.M. Motion carried unanimously. The following item was taken out of order on the agenda: 11b.6) 10th Avenue Storm Sewer Laterals. Sweeney/Zorn offered Resolution No. 4606, A Resolution Accepting Work on the Storm Sewer Laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue, and Swift Street, From 10th Avenue to Shakopee Avenue, Project No. 1996-5 and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved to adjourn to January 28, 1997 at 7:00 P.M. Motion carried unanimously. The meeting adjourned at 12:15 A.M. tA-Iya J . with S. Cox ity Clerk Esther TenEyck Recording Secretary • TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 28, 1997 Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; and Michael Leek, Community Development Director. Mayor Henderson explained that the purpose for tonight was to hold the first annual town meeting on the State of the City and to adopt the 1997 pay equity report. Mayor Henderson identified major happenings within the City during 1996. He mentioned the expansion of health services at the St Francis medical campus and the addition of the "wild thing" at Valleyfair. He likened his first year as Mayor to the roller coaster both having their ups and downs, but said that both are stable. He identified the high points within the various departments of the City. Administration - changes in personnel and the hiring of a new city administrator. Legal Department - contracting with Scott Joint Prosecution for criminal representation and the decision to retain a legal firm for civil representation versus maintaining a legal department. Economic Development -the hiring of an economic development coordinator and putting the position in the Administration Department. City Clerk- expanding the voting precincts and handling special elections to increase the on-sale liquor licenses and to sell bonds for the second fire station. Police Department -the addition of a second COPS Fast position, the hiring of three female officers, and updating communication equipment. Fire Department - worked for and received the support of the community for a$3.4 million bond issue for a new fire station Public Works Department - public improvements included: CR-16 sewer and water, construction of Vierling Drive from CR-77 to CR-79, McKenna Road, overseeing numerous private developments install public improvements; created a storm water trunk charge, saw the retirement of Harry Pass and the hiring of a replacement from a promotion from within the department. Park and Recreation Department - saw the opening of the community center and worked with many groups for activities in community recreation. Official Proceedings of the January 28, 1997 Shakopee City Council Page -2- Community Development - hiring of Michael Leek as Community Development Director, addition of 1,500 acres within the Metropolitan Urban Service Area, development of studies and plans that will lead to the opening of southerly development, responded to the Met Council's growth options plan, saw the addition of the building activities to the department. State of Finances - 1996 total expenditures for the City came in under budget, which is standard for this community, retained an"A" bond rating, received for the 12th year the Certificate of Achievement for Excellence in Reporting. He explained that there will be no increase in taxes due to an increase in the general fund budget for 1997, but that the additional funds needed will come from increased taxes due to new construction. Mayor Henderson identified the priorities for 1997 which came from a team building and goal setting workshop involving staff which was then shared with Councilor Zorn and Mayor Henderson at the end of the day of the workshop: update of the subdivision ordinance and related standards, study and monitor the land use along the 169 corridor, expanding the 5-year capital improvement plan, re-evaluating the park dedication fees and park planning, maintain the size of City government - train staff to increase efficiency, and invest in technology. Mayor Henderson identified future projects: school district building new schools (sharing of parks), Scott County campus, South Valley Health Campus expansions, Centres Group development project (in SE part of the City), construction of ADC Telecommunications facility in the City which will have high tech/high paying jobs. Mayor Henderson talked a little about the work that has gone on relating to the development within Blocks 3 and 4 and the opportunity to develop this area to create a commercial loop which would include the downtown area, the development proposed at Marschall Road and Vierling Drive, and Centres Group south of the Shakopee Town Square. Mayor Henderson stated that Shakopee will see a lot of commercial and industrial interest within the City. Shakopee can provide moderate and low income jobs and we can strive for high tech and high paying jobs. If we can attract quality jobs and homes we can have a high quality community. Mayor Henderson thanked the members of the audience who came and concluded that Shakopee will continue to control taxes and provide high services. He then responded to questions from the members in the audience. Official Proceedings of the January 28, 1997 Shakopee City Council Page -3- Don McNeil, 1101 Naumkeag, suggested that the Council look into an idea for people who watch the meetings on cable television to be able to call in and ask questions during the meetings. Jackie Davis, 735, Lewis, spoke in support of not razing the buildings in Blocks 3 and 4 and renovating and preserving them. Deirdre Hultgren, who grew up with Shakopee, expressed her sadness in the idea of tearing down the old buildings in Blocks 3 and 4 which she feels is a plus to the town. Judy Case, resident, asked if the Mayor would accept a proposal if someone was interested who had the funds and a plan that fit the down town. Sharon Navarre, 736 Lewis, asked how to get owners to keep their buildings and repair them. Mayor Henderson explained that the EDA has an incentive program. Zorn/Sweeney moved to adopt the Pay Equity Implementation Report (dated 1/28/97). Motion carried unanimously. Zorn/Sweeney moved to adjourn. Motion carried unanimously. The meeting was adjourned at 8:13 P.M. 4,464, j oi?c_ u th S. Cox C' y Clerk Recording Secretary 2 CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: February 13, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 02/13/97 . 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 $280, 688 . 81 . Included in the bill list is payment to the Cable Access Corp in the amount of $53, 585 . 29 for cable revenues received but not expended in the General Fund for the past three years . This will be charged to the 1996 budget . Action Requested Move to approve the bills in the amount of $737, 884 . 70 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 02/13/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 261 6,266 7 12 CITY ADMINISTRATOR 249,980 6,019 13,798 6 13 CITY CLERK 166,720 6,367 14,828 9 15 FINANCE 322,780 9,868 27,861 9 16 LEGAL COUNSEL 217,320 5,674 7,237 3 17 COMMUNITY DEVELOPMENT 451,290 8,134 18,257 4 18 GENERAL GOVERNMENT BUILDINGS 146,940 5,012 9,275 6 31 POLICE 1,703,140 84,035 177,568 10 32 FIRE 448,990 3,301 18,724 4 33 INSPECTION-BLDG-PLMBG-HTG 245,070 8,230 20,384 8 41 ENGINEERING 425,780 12,936 31,194 7 42 STREET MAINTENANCE 781,860 19,267 73,725 9 44 SHOP 126,540 8,310 10,384 8 46 PARK MAINTENANCE 350,420 5,957 15,190 4 91 UNALLOCATED 622,630 241 68,766 11 TOTAL GENERAL FUND 6,348,870 183,612 513,454 8 17 COMMUNITY DEVELOPMENT 496,770 127 13,340 3 TOTAL TRANSIT 496,770 127 13,340 3 H aL as a a K4• a a a a a a s a a a a a a a a a x x x x H H H H H HH H H H H H H H H H 0 0 0 0 Z W W O m a Q z 0 Z W ss O m m H 0 LO N m NN 0 H N M to V' N w 1.0 O 1.0 a) a0 a) O O m m m m m a) l0 m a)m > 4 N N N CO a0 N N N N N N W a0 10 W Z W Ln L v' Ln ss m V' Lo V' V' Ln Ln Ln Ln m V' M M H V 0 0 N 0 HH 0 N 0 N N 0 0 0 0 0 N 00 to O O m O mm O m O M M O O O - O O H 00 N H 10 a0 h• Ln 0 LO M H a) a0 O O O O O O HH El N a0 N N N a)M N a0 a) N N H H H H H V NN Z W H H H H H M N H H H H H M M M M V N M M W N N N N N d'M N N N N N V V V V' V' V' V'V' Om I I L L L , I I L L I L , 0 X N N N N N H O N N N N N m a) a) 01 V' H HH 0 Q H H H H H HH H H H H H M M M M a) V' Ln N ,0 Z m m a) a) m Ns m a) m m m w V' V' V H V NH O 0 0 0 0 OM 0 0 0 0 o a) m m m o 0 0 0 ww wa a w 0 W aq W m LU U U 0 U 00 Qw r LU 001 >4 H> H Z H KC FC 4 W W g W W W W W a aa a < 4 xM M LLU M E.4 H wZ Z z aU a o 0 Z Z Z El WW [a H ap 68 H R,' W H H H H Z Z Z a) Nm o W CA m m m m m W 00 Ix N x W z x O m 0 Ul m m m a E M W Ln El W W 0 EI m W W W W r0 a 0404 U N ,-7 W U W W ,-7 a0 N a) w G*. 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H 0 r 00 a Ln H O\ co O\ d' N r 01 co r d. t? L} l0 r d' N d' t? H co Ln H t? N t/? H VI' r- ill Ln t? t/? -co- tr al S cn O1 H CU CA A P Pi H CAI+ h h H H W 0 0 H H W P a a a a w z a a H H Z X H A A Es O H Z W C7 A A a w s ° - Z w z A �' >4 w w H " `ea N `nKC 0 0 £ 4 a 4 KC cn H cn K 0 C*7 FC z A W x H H O Lo W H o:4 A a'cn c71 a c/] Z 4 C4 a KC 0 rn a Z 0 CI. U C) C4 A KC 4 a' ) m H 4 Es w Cr) ca a4 C7 w a. U A MI H C=, cn cn tx a4 w C) G] T H In o H Ln O1 o H 0 0 0 0 0 C) 0 H N N N rl •ci' V' H M d' Ln C 0 H d^ d' d' V. C d' L- L- r r 00 I-1 H it it It 3t It 3t It It 3t It 3t 1t 4t C) A A A Ann A A A A non A Z Z ZZ Z Z Z Z Z Z Z Z Z O A A A A A A A A A A A A A () CL. CI. Cu 44 C=. CI+ Cc. Cx, I. C=. Cz. Ci. Ct. CITY OF SHAKOPEE Memorandum REVISED #7 TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Bill List (2/28/97 meeting) DATE: February 18, 1997 Attached is a revised bill list for the council meeting. In the copying process with the new copier, the odd number pages were missed. I apologize for any inconvenience caused by the error. Gregg Voxland Finance Director H s .. N O) as a a gt Ct. a a a a a s a a a a a a a a a x x x x H H H H H H H H H H H H H H H H 0 0 0 0 X a w o co a 0 z w rr O m m H 0 tD r m N N O H N M to V• r to to O a) a) co a) 0 O 0) m 01 01 m m t0 m 01 0) > V' N N N ao 0) N N N N N N t0 a) t0 10 Z t0 in t!) 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N a0 U1 Ve 0 cn U1 U1 0 O1 l0 O U1 ON H 01 O) O O M 111 N [ Ul V. 0 0 l0 er H c0 V. 0 N 0 0 V' S 07 0 01 O1 0 U1 M V• N M H (+1 00 ON H c0 a0 'D II/ H V 01 V} H 0 N co cL U1 H 01 M 01 $. N N 01 m N V' +h Vf 10 N V' N V' V) H M UI H Vf N v} H V? V} N U1 VA Vf V} in - 01 N 01 01 H En H W w al w W P Z w a H H al E4 El I w �a z 9 r4 CII cn PA q /04 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Amendment to the Zoning Map -Rezone property from Highway Business (B 1)to Medium Density Residential (R2) DATE: February 18, 1997 INTRODUCTION Mendota Homes is requesting that the City amend the Official Zoning Map to rezone four(4) lots from Highway Business(B-1)to Medium Density Residential(R2). These lots are located east of Naumkeag Street and north of Bluff Avenue. A copy of the January 23, 1997,Planning Commission staff report is attached for reference. At its February 4, 1997, meeting, the City Council reviewed this request and tabled a decision in order to obtain further information with regard to the nearby SuperAmerica station. DISCUSSION Staff has researched the issue of relating to the SuperAmerica station. The SuperAmerica station began operation in November 1966. At that time, motor fuel stations were a permitted use in the B1 zoning district. In 1985, when SuperAmerica wanted to reconstruct its facility, intheB1 zoningdistrict. Therefore, in motor fuel stations were a Conditional Use 1985, SuperAmerica applied for and obtained a Conditional Use Permit (CUP) to reconstruct a motor fuel station. Conditional Use Permit Resolution No. 438 has been attached for your reference. This resolution does not address, in any form, the parking or idling of trucks on this site. For your reference, a copy of Section 9.42 of the Shakopee City Code has been attached. This portion of the City Code prohibits leaving a motor vehicle unattended while the engine is running or with the key in the ignition. The 1995 Comprehensive Plan designates the subject site for medium density development. Thus, the requested rezoning is consistent with the Comprehensive Plan. The subject property is located within the Metropolitan Urban Services Area(MUSA)boundary. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Highway Business (B-1) to Medium Density Residential(R2). 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 477, and move its approval. -P! Julie Klima Planner I is\commdev\cc\1997\cc0204\rezb 1 r2.doc 2 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 EAST OF NAUMKEAG STREET FROM HIGHWAY BUSINESS (B1)ZONE TO MEDIUM DENSITY RESIDENTIAL(R2)ZONE. WHEREAS, the owners of the land described as: Lots 1 through 4, Block 32, East Shakopee, City of Shakopee, Scott County, Minnesota, submitted an application requesting rezoning from Highway Business(B-1)to Medium Density Residential (R2); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on January 23, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Medium Density Residential (R2)to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as: Lots 1 through 4, Block 32, East Shakopee, City of Shakopee, Scott County, Minnesota, from Highway Business (B-1)to Medium Density Residential (R2). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 3 § 9.50 • Chapter. When any police officer finds a vehicle unattended upon any street or municipally-owned parking lot in violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith the same shall be paid prior to removal from such place of storage or safekeeping. (Ord. 1, April 1, 1978) SEC. 9.42. UNATTENDED VEHICLE. Subd. 1. Engine Running. It is unlawful for any person to leave a motor vehicle unattended while the engine is running. Subd. 2. Key in Ignition. It is unlawful for any person to leave a motor vehicle unattended with the key in the ignition. (Ord. 1, April 1, 1978) SEC. 9.43. VEHICLE REPAIR ON STREET. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon. (Ord. 1, April 1, 1978) SEC.9.44. PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE. It is unlawful for any person to park a vehicle on any street for the purpose of selling merchandise • thereon or therein, or advertising any merchandise for sale or a forthcoming event. (Ord. 174, June 27, 1985) SEC. 9.45. INOPERABLE VEHICLES. Passenger vehicles and trucks in an inoperative state or without a current license plate, shall not be parked in Residential Districts for a period exceeding seven days. "Inoperative" means incapable of movement under its own power and in need of repairs. (Ord. 338, August 6, 1992) SECTIONS 9.46 -9.49. Reserved. SEC. 9.50. PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN CENTRAL BUSINESS DISTRICT. Subd. 1. During Maintenance. There shall be no parking on any City street, alley or public parking lot when all or any of said street, alley or public parking lot is designated and/or posted for maintenance work by proper City officials or employees. Subd. 2. Snowy Weather. A. Between November 15th and April 1st, inclusive, parking is prohibited on the West and South sides of Streets or Avenues on odd-numbered days for the day beginning at 2:00 o'clock A.M. and until 6:00 o'clock A.M.; and on the East and North sides of Streets or Avenues on the even-numbered days for the day beginning at 2:00 o'clock A.M. and until 6:00 o'clock A.M. • ppe mimed in 1995 845 Y 4 (0 ft CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business(B1)to Medium Density Residential(R2) DATE: January 23, 1997 Site Information Applicant: Mendota Homes,Inc. Site Location: East of Naumkeag Street and north of Bluff Avenue Current Zoning: Highway Business(B1) Adjacent Zoning: North: Minnesota River South: B1 Highway Business East: R2 Medium Density Residential West: B1 Highway Business Comp. Plan: 1995: Medium Density Residential Area: Approximately.47 acres MUSA: The site is within the MUSA boundary INTRODUCTION The applicant is requesting that the City amend the Official Zoning Map to rezone four (4) lots currently zoned as Highway Business(B1)to Medium Density Residential (R2). The legal description for these lots is Lots 1 through 4,Block 32,East Shakopee. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, City Code Section 11.36, Highway Business Zone (B1) regulations; and Exhibit C, City Code Section 11.32, Medium Density Residential(R2)regulations. CONSIDERATIONS 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to ` . promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits B and C provide a list of the uses, both permitted and conditional, that are allowed in the Highway Business(B1) and Medium Density Residential(R2)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Medium Density Residential". The rezoning of the site to "Medium Density Residential", as requested by the applicant,will be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Medium Density Residential (R2) Zone is to provide an area which will allow 2.5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. ' Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for medium density residential use. Therefore, this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Medium Density Residential(R2)from Highway Business(B 1). 1 l 2. Recommend to the City Council the denial of the request to rezone property to Medium Density Residential(R2)from Highway Business(B 1). 3. Continue the public hearing and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Medium Density Residential(R2). / ' / ulie Iti"a Planner I i:lcommdevlboaa pc1199Tjan231►ecwdr2.doc I V A ' /. ~, N\ ' �. (f---\, EXHIBIT A z'_ ' 1 �\ � \ i • ft R2 21. ,--7 , 40,10 iiia WM, SD it, Mil Pi° SUB ' CT SITE>—i � lute• %tit lit ` ea 5 391 mill Ott - tall II"' tow.- t11l _ II .:.: IPS �r10 ate F.14.....41ASO ��� at11 laic Tilt 1111iit rl- 0 (�� aarII atm* -- tg��I t. - s11e It VIII® _lg.�EIgee t;3 " r - . 1 �111t rr� t l� . imt dU % . SOTAS Et ����a r t� �e��a Silt UM parer }. 1 I ® ttta , z �e tr e►eea tin; deers '�®�� � lit : ��11��:� . . _ t1=;�6 I g Qtr" r1� t1rr '`�- LEGEND - VArr� rete ' -Ville r�reo� tai . WM '�la lrlrlt°ae1a ".. ��.��i*.�1rr11t' y I Underlying Zones ����t :a,��t �S,' `,i��i�M �l + i'�: ast ' �.ericuiture ast77 _ ' a t Sit .ilea s W.11 B 1 '1� 'r`0� 3 ��� IN.... �00 1 A ; RR 1 Rural Residential e•1 arira at° - r M�I, , R1a1 Low Density Residential rtlt4 er .1131 tl1t .ra ,neral; :�a Urban Residential D �r'� 10111111 301 ---_._, IRr� Oid Shakopee Residentici ��, imi Will/Ilia esu®`, R2 Medium Density Residential w, - null ..R . H " -_ ��r .� 111111 �r�'�i :�weir vi •IErII' .z hill iii;:l` ie i R3 Multiple Family Residential s 1 B1 1 Highway Business A. � o It* 111 - r� - � ,� �� A. le t ,� E . sills II iise' re II B2 Office Business ,2 r teat li __ _ Vimilr tat { I pie ,u 1i tsj B3 I Central Business ismili I l 0 r1 m �� '� '' re 11; MUFF it 1 1 11 1 Light Industrial r��r.re � s�{ ars= v� V� 'g • , . ®!� �� •f ©� 1 12 1 Hem/ Industrial ' is ® 1111\11-.'.14n- 1 1 !i1 BEIM I 1 III _ � ��R � ��a;or Recreation • °11 1-1- ..11 11- '41 1 L 1111 " a _ ' R -;- n. y Zones 0■ Overlay— u, —V Mtn �. H�'ate. _--� W 3— i7:i 01 z s t. �■ MU •ARC �gl `�, " '( El ® — ,_ —S;� c eland _a ,. , 0_ ,. , -F—I,r' cc'plc in Dist c •', no — — § 11.36 SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). EXHIBIT B Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, page rwiaed in 1995 1171 4 § 11 .36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): one acre (existing lots): 8,000 square feet maximum floor area ratio: .50 B. Maximum impervious surface percentage: 75% pager.visea n 1995 1172 a § 11.37 C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height: 35 feet without a conditional use permit. (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26. 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994) SEC. 11.37. Reserved. vv*r•,ns•a n 1993 1173 Q § 11.32 • SEC. 11.32. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). EXHIBIT C Subd. 1. Purpose. The purpose of the medium density residential zone is to provide an area which will allow 2.5 to 8 residential dwellings per acre and also provide a transitional zone between single family residential areas and other land uses. Subd.2. Permitted Uses. Within the medium density residential zone, no structure or land shall be used except for one or more of the following uses: A. - _residential•structures containing two to four dwelling units; B. existing single family dwellings; C. public recreation; D. utility services; E. public buildings; F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the medium density residential zone, no structure or land shall be used for the following uses except by conditional use permit A. multiple-family dwellings containing up to 6 units; B. home occupations; C. hospitals and clinics; D. cemeteries; E. churches and other places of worship; F. public or private schools having a course of instruction approved by the Minnesota Board of Education for students enrolled in K through grade 12, or any portion thereof; G. nursing homes; H. bed and breakfast inns; 1. utility service structures; J. day care facilities serving from 13 through 16 persons; K. residential facilities serving from 7 through 16 persons; L. relocated structures; 41110 page r wised in 1996 1151 • . § 11.32 M. structures over 2-1/2 stories or 35 feet in height; N. developments containing more than one principal structure per lot; or 0. other uses similar to those permitted by this subdivision,as-determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the medium density residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; • C. fences; D. gardening and other horticultural uses not involving-retail sales; E. swimming pools; • F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment; or i• other accessory uses, as determined by the Zoning Administrator. Subd. S. Design ' g Standards. Within the medium density residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of five and a maximum of 11 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot width (single-family detached): 60 feet; (two-family dwelling): 70 feet; (multiple-family dwelling): 100 feet Minimum lot depth: 100 feet Minimum front yard setback: 35 feet Minimum side yard setback: 10 feet Minimum rear yard setback: 30 feet Oeoe niv,seci 1996 1152 t • § 11.33 ® D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance•with the.Minnesota• State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.33. Reserved. • • • pace revised in 1996 1153 • CITY OF SHAKOPEE • CONDITIONAL USE PERMIT RESOLUTION NO. 438 • ( WHEREAS, SuperAmerica having duly filed an application for a Conditional Use Permit dated 10-22-85 under the provisions of the Shakopee Zoning Ordinance, Section 11.04, Subd. 6 as follows: CUP to reconstruct a motor fuel station. • ; and WHEREAS, the present zoning for the parcel on which the Conditional Use Permit is being requested is designated as : B-1 ; and • WHEREAS, the property upon which the request is being made is described as: 1155 E. First Avenue ; and WHEREAS, upon hearing the advice and recommendation of the City Planner and upon consideringthe suggestions and objections raised by the affected property owners within a radius of _ 350 feet thereof in a public hearing duly held thereon. - ` NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE PLANNING • COMMISSION OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Conditional- Use Permit application be and is hereby: Approved as follows: 1) A landscape plan must be submitted for approval by the City Planner prior to issuance of a building permit 2 ) Canopy lighting must be directed downward. 3 ) Applicant shall agreeto not conduct outdoor storage of products. y I • BE IT FURTHER RESOLVED, that pursuant to Shakopee City Code, • Section 11. 04, Subd. 6C-12, . if an approved Conditional Use Permit is not utilized within one year from date herein approved or by • November 7th 19 86 it shall become null and void. Adopted in regularsession of the Shakopee Planning Commission ofthe City of Shakopee, Minnesota held;.this.. • 7th day- OE November _ , : 19 .•. . Chairman . of he Pfaing Commission ATTP CT. ID. B . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Extension of Moratorium on Personal Wireless Communications Towers DATE: February 13, 1997 INTRODUCTION: By Ordinance No. 468, on November 19, 1997, the Council imposed a moratorium on the development or personal wireless telecommunications facilities in order to permit time for study and the development of a regulating ordinance. During the moratorium, Julie Klima of the Community Development staff has researched the issue, collected examples of other proposed and adopted ordinances, and prepared a draft ordinance for the City of Shakopee. The draft ordinance was first reviewed by the Planning Commission at its February 6, 1997, meeting. A decision was not made by the Commission at that meeting, and staff was directed to make a number of changes requested by the Commission. The revised ordinance will be reviewed by the Planning Commission on February 20, 1997. Because of the timing of Commission and Council meetings, the earliest the Commission's recommendations could be brought to the Council would be March 4th, 3 days after the expiration of the moratorium. For that reason, and to insure that there is sufficient time to make any other necessary revisions, the Council is asked to extend the moratorium to April 1, 1997. It is expected that the Commission's recommendation will be available to the Council on March 18, 1997. ALTERNATIVES: 1. Extend the moratorium to April 1, 1997. 2. Do not extend the moratorium. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended extension of the moratorium. ACTION REQUESTED: The Council is asked to offer and pass a motion adopting Ordinance No. 478 extending the moratorium established by Ordinance No. 468 to April 1, 1997 R. Michael Leek Community Development Director 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 TELECOMMUNICATIONS FACILITIES TO APRIL 1, 1997. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That, on November 19, 1996, the City Council adopted Ordinance No. 468, establishing a moratorium until March 1, 1997, on the development of of personal wireless telecommunications facilities. Section 2 -That additional time is required for the City of Shakopee's Planning Commission and City Council to review the proposed ordinance which would regulate such facilities. Section 3 -That the moratorium established by Ordinance No. 468 is hereby extended to April 1, 1997, in order to permit the City to complete its review of the proposed ordinance. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular 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 Published in the Shakopee Valley New on the day of , 1997. /0.C . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Refund of Fees for Appeals from Determinations of the Board of Appeals and Adjustments DATE: February 13, 1997 ITEM NO.: INTRODUCTION: The City Council directed that an ordinance be prepared for its consideration which would provide for the refund of appeal review fees in those cases where the appeal was successful. On January 21, 1997, the Council directed that the draft ordinance be reviewed by the Planning Commission since it involves an amendment of the Zoning Ordinance. As a result, a public hearing was held on the proposed amendment at the February 6, 1997, Planning Commission meeting. PLANNING COMMISSION RECOMMENDATION: By a 7-0 vote the Commission recommended denial of the proposed amendment to the City Council. There was significant discussion by the Commission, which centered on whether the costs of processing an appeal are better paid by the appellant or the general taxpayer. There was also discussion to the effect that a successful appellant already realized a substantial benefit from the appeals process. Mr. Terry Joos was designated by the Commission to appear before the Council to speak to this issue. ALTERNATIVES: 1. Approve Ordinance No. 475. 2. Do not approve Ordinance No. 475. REFUND.DOGcos 1 ACTION REQUESTED: Offer and pass a motion consistent with the Council's findings in this matter. REFUND.DOC/CoS 2 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 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 11, Section 11.90 is amended by adding a new subdivision to read: Subd. 4 Fees. Any applicant who successfully pursues an appeal under this section shall be reimbursed the fee required to be paid by the applicant for the appeal. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular 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 Published in the Shakopee Valley News on the day of , 1997 R. Michael Leek Community Development Director REFUND.DOC/CoS 3 CONSENT CITY OF SHAKOPEE Memorandum 1/' /4. 1 . TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jerry Poole, Deputy Police Chief SUBJECT: New Copy Machine DATE: February 1.0, 1997. INTRODUCTION AND BACKGROUND: The Shakopee Police Department identified the need for a copy machine in the 1997. Budget. The Police Department's current copier was purchased used in 1991. The copier was purchased from, and serviced by Devney Office Machines, Mankato, MN. The average cost of the service contract for the last three years was $1858.59/year. We rarely receive same day service which may be related to the vendor's location. The service aspect of this particular piece of equipment is instrumental for our efficient participation in the criminal justice system. A meeting with a Devney representative resulted in a verbal offering of a free, rebuilt copier being placed in our building as long as a service agreement existed between Devney and the Shakopee Police. The offer, as explained,was based on the service history of our current copier. A written proposal was requested some weeks ago from the Devney representative regarding their free offer. To date we have received a phone message stating"it's in the works" and nothing in writing. The department's need for a copier has not changed. American Photocopy recently submitted lease proposals to the department. Both proposals can be met with budgeted 1997. dollars because we would be paying the remaining portion of a 1997 lease agreement. However, both proposals would require an increase in the 1998 budget of between $300-$450. Some of the impact of this budget increase would be defrayed by the shortened lease of one of the proposals. ALTERNATIVES: 1. Do nothing. 2. Direct staff to further explore the offer of a free rebuilt copier. 3. Authorize appropriate City staff to enter into lease and service contract with American Photocopy for a new copier. RECOMMENDED ACTION: Alternative#3 is recommended. Ttii3ZVf00 ACTION REQUESTED: Move to authorize appropriate City staff to enter into a lease and service contract with American Photocopy for a new copier. American Photocopy Toshiba Copier Proposals Proposal #1 Toshiba 2550 Copier 48 month term $165.47/month VIP Service Agreement $161.50/month Proposal #2 Toshiba 3550 Copier 39 month term (1st 3 months deferred) Offer valid until 02/28/97 $177.53/month VIP Service Agreement $161. 50/month Total Cost Proposal #1 based on 10,000 copies per year. $15, 694.56 or $3923 . 64 annually. Total Cost Proposal #2 based on 10, 000 copies per year. $12,205. 08 or $4068.36 annually. Note: American Photocopy experienced a 3 .8 hour average response time to service calls in 1996. 11. x! . 1, CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Family Net Office Space Date: February 13, 1997 INTRODUCTION At its February 4, 1997 City Council Meeting, Council directed staff to obtain quotes to remodel the former Family Net office at the Shakopee Community Center. Council modified the plan by eliminating the accesses to the north side of the service counter,the Facility Manager's office and the Rotary Meeting Room. BACKGROUND A Request for Price Quote was sent to 8 local contractors. We received three responses. The quotes were submitted as follows: $2,452.00 - Rick Sames Construction Company $3,926.15 -Homewerk Construction Company $7,300.00 - Greystone Construction Company The Recreation Assistant will remain at her present desk location until future staff needs are determined. The Recreation Assistant will occasionally assist the support staff at the service counter when they are on break or when it gets very busy. They is not an ideal use of this person's time, but we are trying keep operational costs to a minimum. For now, office B will be used as an interview/meeting room. (See Exhibit B.) The plan is still to make that office space available for the Recreation Assistant. ALTERNATIVES 1. Move to hire Rick Sames Construction Company to remodel the office space. 2. Move to hire Homewerk Construction to remodel the office space. 3. Move hire Greystone Construction Company to remodel the office space. 4. Request further information from staff. STAFF RECOMMENDATION Alternative#1. ACTION REQUESTED Move 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. s -g... 6-,.kb`if I i -j F- '�A m ... V . NJ , • 1 ,--1. Y t. k , . on _ . '41 \ .--,- . a ii . II) E co s•=6 ...., ‘ ) J r . Om l'a I _ C m 3 Fli r� z_ * Ct _ x� ni 4 AO . o. 1 r' , CI I 4 i ��,',�, Q. Z. 0=,0. 41 lit. . . S z tt , . 2O , ./ - . i 4 El.i.-L . . H . 1 1 ! t .„„, 0,!..., . f....,.. . .• ....1 ir It CITY OF SHAKOPEE Memorandum To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director • Subject: Community Center 1996 Financial Report Date: February 10, 1997 INTRODUCTION At its last Meeting, the City Council requested that staff provide Council a financial report of the Shakopee Community Center for 1996. BACKGROUND Attached to this memo is a financial report of the Shakopee Parks and Recreation Department(see Exhibit A & B). Included with report is a Facility Use Report by the Facility Manager Ron Stellmaker. Ron will be attending Tuesday's Council meeting to provide you information about the community center's usage. He will also be showing a two minute video about the community center. Attached is a written report from Mr. Stellmaker. (See Exhibit C.) As Councilor Sweeney noted at your last meeting,the entire parks and recreation program are under an enterprise fund. This includes all "on" and "off" campus (campus meaning community ceenter) recreation programs and activities. If you recall, on July 1, 1996,the Parks and Recreation Department added new program numbers to separate expenses for "on" and "off' campus activities. Staff time is now proportionally distributed. (Refer to the 1997 Parks and Recreation Budget Proposal.) What this means is that 5% of the Director's time, 20%of the Recreation Assistant's time, 50% of the Clerk Typist's time and 50% of the Receptionist's time will be charged back to the community center. Since this system went into effect in July of last year, it would be extremely time consuming for staff to separate every transaction involving the community center operations and"off' campus programs for Fiscal Year 1996. However, for 1997's Year End Financial Report, we will have a better financial picture of the community center because each transaction will be coded the appropiate account. Fiscal Year 1996 Revenue Budgeted Actual Parks and Recreation Dept. $408,520 $410,999.64 Fund Transfer $251,340 $251,340 Fiscal Year 1996 Expenses Budgeted Actual Parks and Recreation Dept. $659,860 $728,496.07 'TJ11 O ! 0 W 0 WWW N WWWWWWWW WWWW � O O II W 1 C to c" mm m a a+ .44 �,aaNau � � ,AAW 0, • � Z II w W N W N N N W tOtO mCoCo - -4 -4 JJ -.1 .40 3 CI 0II LTJ H o H wN o y r0t0H0W00J .4NH0J CTJ W II• H ! � H OU) H H MHOOL) Ol7OCH] CrrJLO1 LLTJ )0�-' UJi H HHn Z. U) ' I L7 (z] La' - U)U)TJbXDtrJ 0 d H Jy 3 MMM 0 ,WAMMMH ) HZMO �yW LTJ LT1i110 i t CWTJ `HZ n C C MMMOMWA > ZU U � U) 0 • H 1I C'1 E O L'1 H H Hong '.'C 0 P:1 H II ?D UJ O LTJ H 2 Q n0 HHp � Ht7 x1 H • x a H "1] C' H LTJ LII LTJ M LTJLTJ O Z H H b O LTJ Iv U) H t' 0 0 U] x1LT] ZZZ CC 3M0 �' H '1] II H 2 O H ' HHOMHH I H C H H i �. I' Z m Z [n C/) '�J 81.1 ,4 ,42 ,1 :11 ,0 H C1J H H m 3 H p GZ LIJ O fA H "sJ 'rJ U] H by V] C+] O `r. 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IA N .4 Co Co CO 01 01 IA Z PZ) t=7 r l0 FP 01 .A H l.) l0 -4 Co 01 .A n Z �J 01 H Co 01 l0 -4 0 A �] co l0 01 t+3 H • n o o W 0 O 01 O W N (0 Co U1 til -.] O W O AP O 0 co Co W 0 W ---- ---- -- -- — r'Z1 WU tli H H U H H H H H z r W • r n tzi • tli c-1 H UAral H Let PJ 7:z CDD O *kr ,X7 Co Cl) E & I NTT "C CITY OF SHAKOPEE Memorandum To: Mark McQuillan, Director of Parks and Recreation From: Ron Stellmaker, Facilities Manager/Asst. Director Subject: Community Center Usage and Rental Breakdown (Informational) Date: 2/10/97 INTRODUCTION At the Tuesday February 4th City Council Meeting, Council had requested an update on the amount of usage that was taking place at the Community Center. Staff has put together a breakdown of all the usage areas in the Community Center for over the past thirteen months. BACKGROUND Over the first thirteen months that the Community Center has been open attendance and usage has grown dramatically. The first four months that the Community Center was open, was a time of construction completion, trouble shooting and department organization. Since this past fall,the building has been non-stop activity. As you will see in the following attached documents and by watching the video, usage in all areas and programs at the Community Center have grown by leaps and bounds. Management has worked very hard to make sure that the facility is running as efficiently and financially as possible. You will see in attachment #3 that in order to keep operational costs low, management is running the facility with a limited staff and still providing professional orientated service. As usage continues to increase, staff will need to increase staff to keep providing adequate service. Many areas in the facility have been programmed to their maximum use during peak times. One of these areas ,for example, is the Gymnastics/Aerobics Room; (Refer to Attachments#1 & #2). The gymnastics program has taken as many kids as the hours of scheduled time will allow. During the last registration staff was forced to turn participants away. Over the past four months three new Aerobics classes have been added due to demand. Management is now to the point of being unable to offer additional prime time classes, due to the fact that Gymnastics and Aerobics share the same space. There are other areas in the facility that are in a similar situation and this can be seen in some of the following attachments that follow. The attachments are as follows: #1. Daily Admission Report #2. Monthly Community Center/Rotary Room Use #3. Arena and Front Desk Staff Breakdown #4. Arena User Breakdown/Update #5. Average Weekly Schedule After reviewing the attachments,you you will be able to see the Community Center is servicing a wide portion of the community. Due to the low fee structure that the Community Center has, the incoming revenue does not totally represent the overall attendance , usage or the amount of programs that are taking place at the Community Center. Staff is always working to develop and offer new programs to help generate revenue to help subsidize the other low or Non- Revenue programs. CONCLUSION It has been a great experience for management and staff to see and be apart of the growth the Community Center has experienced over the past year. The amount of facility usage by the Community has shown that there is a need for this type of facility and that there is a possible need for growth in the near future. Staff looks forward to the opportunity to working with Council on the possible growth of the Community Center in the future. ATIAcNMENY 1996 DAILY ADMISSION REPORT YEAR TO DATE TOTALS ADMISSIONS AEROBICS MEMBERSHIPS W U A A A U M A M E I E E F S A T D E D Y E N N A Y S R M R R A E L R A M U U O M C T O L C D O P O O M N T K A B S L U B H E B O A B B H I U U I E N K E E T H E A P I WC I I A L T H O G R S R R C T C C R Y R D S S S D FREE CARD $2 $1 $35 CLASSES $2 $35 $110 $70 $50 FEB 2192 805 435 1084 2 140 27 23 41 60 6 6 MAR 3390 1636 437 2017 6 197 46 81 7 26 8 5 APR 1815 1124 394 896 2 145 75 96 5 8 2 5 MAY 793 679 116 358 2 121 58 66 4 2 2 1 JUN 363 402 76 267 123 57 102 6 1 JULY 262 422 36 249 2 157 4 49 34 4 AUG 233 406 75 266 2 85 43 49 5 SEPT 341 456 121 351 6 98 84 68 14 1 2 1 OCT 842 723 197 634 5 125 91 64 9 7 3 NOV 2106 1099 368 1306 5 162 89 79 15 7 7 2 DEC 2178 972 484 1107 8 126 66 72 3 10 8 2 TOTAL 14515 8724 2739 8535 40 1479 640 749 143 121 39 26 Walking track totals do not include membership users. 1997 DAILY ADMISSION REPORT YEAR TO DATE TOTALS ADMISSIONS AEROBICS MEMBERSHIPS W U A A A U A T M A Y M N E I E E N F A Y S D E D E S R M R R A E L R A M U U O M C T O L P O O C D O M N T K A B S L U B H E B O A B B H I U U I E I C E E T T E C P I W C I I C L L T O GK R S H R R C T C C R Y T H R D S S S D FREE CARD $2 $1 $35 CLASSES $2 $35 $110 $70 $50 Jan 4391 1799 610 1558 11 330 151 184 30 18 11 3 Feb 1566 610 240 577 1 129 77 90 9 12 2 2 (as of 2/10/97) Walking track totals no not include membership users ,STT/6 k M ENT*Z a -IODZ0w > C c- 3 a3T a- -4c) O z0 �+ a - r- 3a3T ? g) °n < -i m a r m j 7, 70 F0 ORGANIZATION ? D o n 5 r11 0 1 m -< m •z W ORGANIZATION y o y r . r v) r 1 N 1 School Dist.P.E. PARK&REC. o mw wetc. w .Ni wwwwww www K.) t.) j School Dist.Varsity - Park&Rec.Youth Ni• in rn 0)Sports A V O V in at N w A b, A A ASSOC. a, Choices& Park&Rec.Adult o co in a, A •-0, Connections Dist. WAN A N ASSOC. Adult Open Volleyball& N Park&Rec m N N Basketball fn A in Ur N coN coN V/ a7 O O m of rn rn a) rn Q, a) A Program Mtgs. 'A { ut Adult Volleyball 3 CITY OF =co � 0) w a' rn m ro League 0 SHAKOPEE (,,, Park&Rec. co T in it cow A Programs m N in w 0 m w No SCHOOL DIST.720 X Youth Basketball v A0 0▪ CO CO o o A N CD a, N A Family Net 73 -. Youth Volleyball = N p v, CN„ Special Ed Co-op 1'i1 V7• 0) 0) A N A > U, N O N Vt O) N.P. rn Community ^ C....) w J.CeeS'S 7 O V, 0 0 0) Ni Ni N co Education O Early Childhood � A 0 Ni Classes 1171 m m co in s ECFE c (AO oo CO -. a, N A A N A MONTHLY TOTALS @ rn 0 m = o 8 w Uott Co. C , a, a) at o) coO V (/coCD co w w O , oo in at in f), in N U a) co(a bcnool ulst.varsity n Z COwNi 0))CT 0 Orn Sports C 0 N CO N N N N N N N N N SL Francis Hospital _ _ ,Youth Wrestling 8 _, _, _,A (Aa O) (D Ni Ni 0, V 0 A Red Cross Park&Rec. C ECD XI N _ 0 i„ i„ Programs 0 C it it it w w w a, it w in Rotary m r..) r, rn MONTHLY TOTALS m Z Z m Ni a, 0 0 0 0 0 0 (D N oo co w - Ni NiCable Commision Ni Aerobics m N N w 0, 0.) m 0) 0) N N N N Ni N N N N N N 0 0 cowaococo000000 AO 00 �t N V0 (a (nw ACAPAgency T 0 _ _ _ Gymnastics 00 Ni w /� in O O O O Ni N N GAD A Ow) V y in N O (n N N Derby Days Ca C.) Police Training 3 A at 0 Scouts/4H O N 'Palk&Rec. z V A A A N A A Programs ,, X A - a) in in in rn min in TOPS Boxing c> XViolence Task CO Ni Ni cn w Ni Ni Ni N A N Force • m V (n (n v, A w w o, a) a,MONTHLY TOTALS C� Dist.24 AA Mtg ni O N O V O OD W O N N O Q) V Ni O Ni Ni Ni Ni Na I- LIONS DEN LOUNGE c 0 CARRDS FOR CO Homeowners co co a, SENIORS m _, m it Assoc. Youth Basketball Mn Deerhunters C w w Gym Tournament a, Ni Ni Ni Assoc CA Bill Henderson Multi- M Pur pose Class co w f. o o N A a) V a) N TOTALS 0 Ni Ni p as V in CO N 4) N V N V CO in A Barb Anderson gym a z o 0) a f- e- 3 a 3 m A Ni Ni Volleyball = (,X, c• io ..c C A. - Q RENTALS Jenny O'Brein Birthday Party a - Friendshp Manor Scott Jacobson z v O Gym Soccer m rn - Ni w John Gessner B.J.Haulik Gym D A $OCCer rrj) Ni s) Bob Loonan Scouts - - E.P.Hockey MONTHLY TOTALS _ _ Ni Withrow Ni Vt w A 0 0 0 0 0 0 dD O O — — Angelis L O CO p 0 A a c C 3•p T ip .� N = 3 . .... ... Jennifer O'Brein N O Dolphin Aquatics A N TOTALS O N N „ " 008r8 N O O O 0 0000 0 0 0 ATTACHMENT #3 COMMUNITY CENTER STAFF BREAKDOWN MANAGEMENT Facilities Manager/Asst. Director PART TIME STAFF (Community Center) Front Desk/Building Supervisors (8) Aerobics Instructors (4) Gymnastics Instructors (6) There are two Front Desk staff on duty Monday-Friday after 4:30pm and on the weekends from 8am to 8pm with supervision and help from Management. These two staff are responsible for all building supervision and front desk service. General cleaning is also a responsibility of this staff Fitness training , fitness equipment maintenance and building maintenance is handled by management. COMMUNITY CENTER ARENA STAFF BREAKDOWN MANAGEMENT Facilities Manager/Asst. Director PART TIME STAFF Arena Supervisors (4) There is one Arena Supervisor on duty Monday-Friday 4:30pm to close and on the weekends from 6am to close with supervision and help from Management. During High School games, management and two part time staff are on duty. The Arena Supervisor is responsible for supervision and security of the entire arena. They are also responsible for cleaning all aspects of the arena and resurfacing the ice surface. All ice and equipment maintenance is taken care of by management. * Parks and Recreation Department Personnel serve a dual purpose during weekday business hours. With their usual Parks and Rec. duties,they are also responsible for the operation of the Community Center front desk and help with building supervision and scheduling. This staff has done a great job adjusting to new and added responsibilities. ** The above staff is responsible for supervising and maintaining the 80,000 square foot Community Center. We operate with fewer personnel than other local or regional facilities that are comparable in size. ATTACHMENT #4 ARENA USER BREAKDOWN/UPDATE The arena has run at 100%rental capacity from October to April over the past season and is scheduled to run the same this season. From April through May spring rentals are at 75% capacity. Fall rentals that run from August through September are at 70%capacity. The first summer of operation the ice sheet was taken out from June to August and programs such as In-Line Skating took place in the arena. This summer staff has arranged to host the first summer Hockey School ever to be held in Shakopee. This will take place in July for two straight weeks. Staff will be putting the ice back in during the second week in July this season. *The following is a list of users that have rented or used the arena over the past 13 months: 1. Shakopee High School Boy's & Girl's Hockey Teams 2. Shakopee High School Hockey Cheerleading 3. Shakopee High School Assemblies. 4. Shakopee/Prior Lake Hockey Association 5. Eden Prairie Hockey Association 6. Minnetonka Hockey Association 7. Chaska Hockey Association 8. Eagan Hockey Association 9. New Prague Hockey Association 10. Showcase Hockey Leagues 11. Open Skating 12. Skating Lessons 13. Chaska Figure Skating Association. Average Arena Hours of Operation M-F 2PM to 10:30PM SAT. & SUN. 6AM TO 10:30PM * Hours are increased when the students are out of school. There is a very high demand for ice time during the prime ice usage months of October through March. When the Community Center was constructed,the arena was originally scheduled to only have ice renters during the months of October through March. Staff has worked to develop and acquire spring and fall hockey programs that have increased the overall revenue base for the arena. Staff is always trying to develop more programs to offer to the community in the arena and to also bring in outside organizations to offer City of Shakopee Recreation Financial Summary Printed 2/18/97 Actual Actual Actual Actual Budget Budget- 1993 ud et1993 1994 1995 1996 1996 1997 Memberships 16,207 21,260 23,069 41,954 47,000 50,000 Admissions 22,027 24,902 33,533 51,177 42,280 40,000 Lessons 7,649 9,349 9,240 8,785 13,000 16,000 Ice Rent 159,014 110,000 205,000 Water slide 9,227 - - Youth 41,167 42,718 43,565 58,960 79,450 115,000 Adult 35,127 34,988 38,255 41,391 39,500 Concessions 10,796 11,268 9,656 21,251 27,040 27,040 Non resident fee 70 2,365 2,609 6,380 4,350 3,000 Township cont. 4,179 4,179 8,279 7,208 4,350 Other Rec Fees 3,642 4,636 5,191 1,947 10,500 11,000 Rents 17,407 33,400 28,400 Contributions 1,525 2,000 2,000 Revenue 150,091 155,665 173,397 416,999 408,520 501,790 Recreation 197,160 194,029 229,444 614,659 659,860 682,930 Pool 144,140 147,854 94,216 Depreciation 113,838 120,000 Expenditures 341,300 341,883 323,660 614,659 659,860 802,930 Net Tax Use (191,209) (186,218) (150,263) (197,660) (251,340) (301,140) 1996 actual includes$39,000 accounts receivable for ice rent other programs such as camps and leagues. Staff is hoping that over the next few years to be running the arena at nearly 100%capacity year round. ATTR� N A E kOT#5 THIS SCHEDULE SHOWS AN AVERAGE WEEK AT THE COMMUNITY CENTER. • € ; I ii H ii gg g E F Z I Y Z F i 2 E 8 iw vw A w O>QC 3 D3 11 t I T wxa T II Iv OH el ; v D D g; oo OPC 3 9 9 m � Z x go < + om r r mm . P = cog . ng v v -e O D D� g <3r1i' 0'• my 3 w tax.? 3 <Z P Gy <Or 0.3 vyU. N; 3 gi F.1 I0C.*:* ms y3 7y7CC .D= a;ID T 3D< ;ffi 3m3CC� `•3 m� CO Do; <mwm 3 �w ��d' fn Cl�41 X03 =F� g $ y° cl mm � m gs Fa'e! mq F> o�o F;4 a ss < ; C �`, O 25 mw A F i �m w O r w rlmw C M A X 0o 71 m 00 V C LI to P co,, 1/�W ww u.V i > . 0 O M wE _b to D3 nb. DpS 0 y rO 3s a3w q;o y �r �� yrm r9 A3 vm w w3 i9 ;p3 y n9 p y u 40 em n4a v V N.35 2 & tax.n.a c m m+35 Ar. 33 mot; A+Ow33 3. zem8 3fiiml ZD??. `" Ew ip< 0 tim0 wmbMw<Z; npg w03m Ww ww N y O • S w p w 1 w w w I; u m _� Cgs 1_to 1� �� 0$!.�++ ay 8=x W88.000.4 rmusq �o w 3 m3CO3 c zO; gzrx I§3 x gsr„ 1g S Z = ; D y y Me y to /41302.. O 'Zl a 9�0P L t11pP 2 Z Zd9! O 1 Z 0 a y Z Z d+ Z 2 0+ V.Z m mw f s y y ZZ m s� -4z444; N y sN Z m In -i y m rFZ; m r� r r rFZ3 r raZ3 r r ra=3 O r r it C. 1, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Appointment-Planner II DATE: February 13, 1997 { INTRODUCTION: The Council is asked to appoint Julie Klima as Planner II. BACKGROUND: With my appointment to the position of Community Development Director, the position of Planner II opened up once again. The position was re-advertised. From the ten finalists certified by Scott County Personnel to the City, four finalists were selected, and three of the finalists were interviewed. Julie Klima has been selected by staff as the candidate who will best fill the needs of the City in the Planner II position. Julie interned with the City on two previous occasions, and has been employed full-time in the position of Planner I since October of 1995. During a difficult and demanding period, Julie has already demonstrated the ability to handle complex planning issues. If the Council confirms this appointment, then a Planner I vacancy will be created, which I would like Council authorization to advertise and fill. COMPENSATION: As a Planner I with over one year of service with the City, Julie is at Step 2 of the 1996 Non-Union Pay Plan($34,991). Because Step 1 of the Pay Plan for the Planner II position is only $108.00 more ($35,099), I recommend Step 2 as the starting salary ($37,293). STAFF RECOMMENDATION: I recommend the appointment of Julie Klima to the position of Planner II effective February 19, 1997, at Step 2 of the 1996 Non-Union Pay Plan. ACTION REQUESTED: The Council is asked to offer and pass a motion appointing Julie Klima to the position of Planner II effective February 19, 1997, at the recommended step in the Pay Plan. The Council is also asked to offer and pass a motion authorizing staff to fill the Planner I vacancy which would be created by Julie Klima's appointment. R. Michael Leek Community Development Director CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: 1996 Transit Fund Budget Amendments DATE: February 13, 1997 INTRODUCTION: In working on the transit management plan with George Bentley, who has previously assisted the City in such matters, it was discovered that the Transit Fund Budget adopted by the City is different than that which was submitted to and approved by the Metropolitan Council. Thus, the 1996 Transit Fund Budget should be amended to reflect the numbers approved by the Metropolitan Council. The adopted budget numbers and proposed new numbers are set forth in the table below; TRANSIT FUND BUDGET SUMMARY Adopted Proposed 1996 1996 Bud l et Amendments Difference Revenue State Aid $395,000 $397,500 $2,500 State Grants Fares 68,400 Transfer in General Fund Total Revenue $463,400 $465,900 $2,500 Expenditures Personal Services 8,250 Supplies&Services 455,150 $457,650 $2,500 Capital --- Total Expenditures $463,400 $465,900 $2,500 ALTERNATIVES: 1. Adopt the budget amendment resolution as presented. 2. Do not adopt the budget amendment resolution. STAFF RECOMMENDATION: Staff recommends adoption of the resolution as presented. ACTION REQUESTED: The Council is asked to offer and adopt Resolution No. 4620, A Resolution Amending Resolution No. 4354 Adopting the 1996 Budget. Z7i R. Michael Leek Community Development Director RESOLUTION NO. 4620 A RESOLUTION AMENDING RESOLUTION NO. 4354 ADOPTING THE 1996 BUDGET WHEREAS, the 1996 Transit Fund Budget adopted by the City of Shakopee is not consistent with the budget submitted to and approved by the Metropolitan Council;and WHEREAS, it is desirable that the budget adopted by the City of Shakopee be consistent with the budget approved by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1996 Transit Fund Budget is amended as follows; Increase State Aid by $2,500 Increase Total Revenue by $2,500 Increase Supplies and Services by $2,500 Increase Total Expenditures by $2,500 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 DRAFTED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 ji, o. J . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Easement Acquisition for Maras Street Project No. 1996-4 DATE: February 18, 1997 INTRODUCTION: Project No. 1996-4, Maras Street improvements, from 13th Avenue to County Road (C.R.) 18 is under design and through the design process, easement acquisition has been identified. In order to construct these improvements this year, staff is recommending to begin the eminent domain proceedings in order to acquire the necessary easements by this summer. BACKGROUND: On July 16, 1996, a public hearing was held and Resolution No. 4468 was adopted by the City Council, ordering the improvement and preparation of plans and specifications for Maras Street, from 13th Avenue to C.R. 18. Staff has been designing the plans and the design is substantially completed. The easements have been identified that are necessary for the completion of this project. A total of seven easements from five different parcels are identified for acquisition. Attached to this memorandum are the following documents with this item: • Attachment No. 1, showing the various easements, property owners, property identification numbers and estimated area of easement. Easement areas are subject to increase or decrease, pending final design and easement description, before the Court filing date. • Resolution No. 4614, a resolution of the City of Shakopee, Minnesota determining the necessity and authorizing the acquisition of certain property by proceedings in eminent domain for Project No. 1996-4. • Exhibit A which is attached to Resolution No. 4614, describing the properties to be acquired. The eminent domain proceedings are necessary for parcels owned by Roy Cogswell, in order to secure title. Staff has included all parcels in which easements are necessary, and the property owner has not agreed to provide the easement at no cost. Staff has ordered a full appraisal on all parcels and for all easements which have not been acquired as of this memo. Staff is looking at the following schedule in order to complete the right-of-way acquisition for this project: Date Item Description February 18, 1997 Council authorization of eminent domain proceedings. March 3 to March 7, 1997 Filing the action to Scott County. End of March, 1997 Completion of appraisal and offers sent to property owners for easement acquisition. April 1, 1997 Council acceptance of appraisals for easement acquisition. April 7 - 11 Public Need Hearing. 2nd Week June, 1997 City gains property for project improvement through eminent domain proceedings. July, 1997 Plans approved and contract awarded for construction. Staff will negotiate with the property owners once a full appraisal is completed for the various easements on the parcels mentioned. Eminent domain proceedings need to be ordered at this time in order to construct the improvements during the summer construction season. Staff will have a brief presentation on the design and the easements at the meeting. ALTERNATIVES: 1. Move to adopt Resolution No. 4614, determining the necessity for and authorizing the acquisition of certain property by proceedings and eminent domain. 2. Deny Resolution No. 4614, and authorize staff to negotiate easement acquisitions with the affected property owners. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer 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 move its adoption. Bruce Loney Public Works Dir-ctor BL/pmp MEM4614 i 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 (Maras Street, Project No. 1996-4) WHEREAS, the City Council has determined that the City should construct Maras Street, from 13th Avenue to County Road 18 serving properties in this area; and WHEREAS, the City has been unable to successfully negotiate the acquisition of the necessary right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That acquisition by the City of the property described on Exhibit A is necessary for the purpose of constructing Maras Street, from 13th Avenue to County Road 18. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minn. Stat. Sec. 117.042. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the Cityof Shakopee Y P ATTEST: City Clerk _____ _______ '-- '-- -_--_---___ =° =NIA t \ i -1 i r , , , . . , , , , ,____ 1 , , , ; , , i , , l_ ! ! -,_ I I 111.1,111111\.-- ---,....5,' ,.1 ) i '' \ ________________ u .,,‘ - ',!'11 LI-t * I / (� -Eugene Hansen ^ /- i°/ < [� �'~�^- �A | � ^ __ ____ 0 ... i!„, , / Lii___:,,___ / | „,, | ___________ . �'-�-_-_� ............_ ______, , - 1-. PT:\ ! 410^ |_^ -� -'------- - - - __. '_- !---� | i --- ----''-- ----' ` � . • | | ! , ' ^___^ , / ���� . / _- __ � 1^ � 2OU � . / --- � ___-_-_ _ � ` / ! � -�� ������'��������� CITY OF -.__~~=� WA8AS STREET |WPR0 �K��� VFWENTS 'Pllriak ” � '{���: [�H|FUT A _~^~ -��.~ ATTACHMENT #1 Maras Street Improvements Easement Acquisition Areas Property Owner Parcel Easement Easement Pin Area # Type # S.F. Eugene Hanson A 97-1 Rdwy. &Util. 27-912022-2 49321 II C 97-3 Rdwy. & Util. 27-912024-0 18988 C 97-4 Util. 27-912024-0 2509 D 97-5 Pond 27-043018-1 287166 Eugene Hanson Subtotal Area 357984 Earl Zacharias B 97-2 Rdwy. &Util. 27-912026-0 15040 Roy Cogswell E 97-6 Util. 27-912024-1 2509 II E 97-7 Rdwy. &Util. 27-912024-1 6331 Roy Cogswell Subtotal Area 8840 Grand Total Area 381864 * Easement areas subject to increase or decrease pending final design and easement description. CITY OF SHAKOPEE 1/. �J• • Memorandum TO: Mayor& City Council Mark McNeill City y Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Lead Person Positions in the Public Works Department DATE: February 18, 1997 INTRODUCTION: Staff is requesting City Council authorization to create the lead person positions in the Public Works Department and authorization to fill these positions. BACKGROUND: At the February 4, 1997 City Council meeting, staff presented a reorganization structure and lead person job description for a street lead person and park lead person, being created under the new Public Works Supervisor in the Public Works Department. Council discussed the job descriptions and positions and provided direction to staff to include only those items necessary for the position. Attached to this memo are revised job descriptions, which have additions added as bolded areas and deletions shown by a striking bar, for Council review. Changes were made based on Council's direction to more accurately describe the job requirements and also deletions were made that perhaps were redundant. As mentioned in the February 4, 1997 memo, and at the Council meeting, staff would fill these positions with the existing personnel in the Public Works Department and would utilize City staff in filling these positions. Also, it has been determined that these employees would remain in the union that they are currently in. An amendment to the Public Works bargaining unit contract will be prepared and placed on the table to include the lead person position's pay scale. ALTERNATIVES: 1. Approve the job descriptions for the street lead person and park lead person positions, as modified by City Council. 2. Do not approve the job descriptions for these positions at this time. 3. Authorize the street lead person and park lead person positions from internal candidates in the Public Works Department. 4. 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. 5. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1, 3 and 4, to create the street lead person and park lead person positions in the Public Works Department, and authorize staff to proceed in filling these positions, from internal candidates in the Public Works Department. Executing an amendment to the Public Works union contract., is needed to establish a pay range for the positions. ACTION REQUESTED: 1. Move to approve the job descriptions for the street lead person and park lead person positions. 2. Move to authorize City staff to fill the street lead person and park lead person positions, from internal candidates in the Public Works Department. 3. Authorize the appropriate City officials to execute an amendment to the Public Works Bargaining Union Contract, establishing a pay scale for the Street Lead Person and Park Lead Person Positions and move its adoption. %IfiejtY72 Bruce Loney Public Works irector 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: Public Works Director 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 hand calculator such as—discs inteFestTeemmissiens proportions, percentages, area, circumference, and volume. Ability 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. • • . - „ • -, ., . .. . - - - - - ati�s • 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. complaints. • 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 all-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 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 25 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 frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, and vibration. 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: Public Works Director 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 hand calculator such as discoui s, interest, ns, proportions, percentages, area, circumference, and volume. Ability 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. • . . . . , . .. - • - cngagcd in a wide variety of complex maintenance construction and repair activities. • 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. complaints. • 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. and rate al o ent. • Thorough knowledge of all-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 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 25 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 frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, risk of electrical shock, and vibration. The noise level in the work environment is usually moderate. w /U. 2 AMENDMENT #1 Wages The following position classification is hereby created in the 1996 Wage Schedule for the Public Works Employee Bargaining Unit. After After After Job Title Start 1 Year 3 Years 5 Years Street Lead Person 15.043 15.467 15.890 16.313 Park Lead Person 15.043 15.467 15.890 16.313 Employees classified as Lead Persons shall be paid an additional $.125/hour to compensate for the operation of all heavy equipment. Employees classified as Lead Persons are eligible to receive a bonus if their performance is determined to be above average upon completion of the annual performance evaluation. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT ON THE DAY OF , 1997. CITY OF SHAKOPEE TEAMSTERS LOCAL NO. 320 CITY OF SHAKOPEE PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION Mayor BARGAINING UNIT City Administrator Local 320 Representative City Clerk Union Steward • ,PU,Sfd //, h, 2-- 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 discounts, interest, proportions, percentages, area, circumference, and volume. Ability to apply 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. • , . . . -, . _ , -, • :- - . . .- ucZrvzsics • 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 understand, follow, and work from a wide variety of maps, plans, • Ability to maintain records and prepare reports administrative-duties 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. complaints. • 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 all-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 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 2--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. //, / , ieeiP/Sed //V///// 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 discounts,disc-euntsintefest7 proportions, percentages, area, circumference, and volume. y-to 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. • • .• • . : , - _ •, -, • . . . .. . . - -- activities. • 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. • • :• •- :, . , - - . . . . , . ., , blueprints,t n,7 other orders • 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. • • . . . . - - - ' . .- .. . '_, - .. - . . - complaints. • 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 all-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 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 25 100 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. • n. D. 5 , CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Payment to S.M. Hentges& Sons, Inc. Court Costs Associated with the 1993 Reconstruction Project No. 1993-7 DATE: February 18, 1997 INTRODUCTION: The City has recently completed the court case in regard to the law suit from S.M. Hentges & Sons, Inc. versus the City of Shakopee on the 1993 Reconstruction Project, the VIP Sanitary Sewer Installation and the Rahr Forcemain. The attorney, George Hoff of Hoff, Barry, Kuderer, who represented the City in this matter has recommended a final payment to the contractor, as a result of the judgment rendered and court costs associated with this law suit. BACKGROUND: S.M. Hentges & Sons, Inc. was the contractor for the 1993 Reconstruction Project, the VIP Sanitary Sewer Extension and the Rahr Forcemain project and initiated a law suit for additional compensation against the City of Shakopee in 1995. The court case was recently held and a judgment has been rendered by a Scott County judge in this case. Attached to this memo is a letter from the attorney for S.M. Hentges & Sons, Inc., agreeing to the final costs associated with this law suit. Final payment has been agreed upon between the two attorneys, in the amount of$21,823.62, and thus has the following breakdown for Council information: 1. The retainage due the contractor upon completion of this law suit for all three projects is $7,000.00. This amount should have been paid as part of work that had been done previously by the contractor. 2. Additional monies granted the contractor, with the finding and conclusions by order of Judge Howe, is $13,063.50. 3. Court costs that are owed the contractor as per the law is $1,760.12. The total payment of these three items is $21,823.62. Staff is recommending that this amount be paid to the contractor, as recommended by our Attorney in this matter. The Attorney is also recommending that the payment be sent to his office so that he could secure the appropriate satisfaction to this case, which includes the execution of semi-final payment vouchers and obtaining IC-134 forms from the contractor. ALTERNATIVES: 1. Authorize the payment of$21,823.62 to S.M. Hentges & Sons, Inc. in the matter of S.M. Hentges& Sons, Inc. versus the City of Shakopee. 2. Do not authorize this payment. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as recommended by our Attorney handling the case for the City in this matter. ACTION REQUESTED: Adopt a motion authorizing 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. AfAe_ 411.°( Bruce Loney Public Works Director BL/pmp PAY CITY OF SHAKOPEE /1. D. Y Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: St. Mark's School Four Way Stops DATE: February 12, 1997 INTRODUCTION: The Council is asked to direct the Engineering Department to research the possibilities of installing four way stop signs at the intersections of Third and Scott Street, and Fourth and Scott Street. BACKGROUND: Staff has met with representatives of St. Mark's Church and School on several occasions recently, primarily to discuss the impact of the proposed closure of Fuller and Atwood Streets resulting from the County Courthouse expansion. One action which has been relayed verbally from representatives of St. Mark's is the desire to have stop signs placed on Scott Street in the vicinity of the school. This is separate from any action taken by the City or County on the closures of Fuller or Atwood. The requested locations are the intersections of Third and Scott, and Fourth and Scott. The participants do acknowledge the grade on Scott Street west of St. Mark's School as being problematic for stopping and starting of southbound traffic during slippery conditions. That, along with other warrant factors will need to be analyzed by the engineering division and this item brought back for future Council action. RECOMMENDATION: We recommend that the engineering division be directed to analyze the desirability of placing stop signs at Third Avenue, and Fourth.Avenue on Scott Street. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the engineering division to analyze the placement of four way stops on Scott Street, at its intersections with Third and Fourth Avenues. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Minnesota Police Recruitment System DATE: February 11, 1997 INTRODUCTION: The Council has asked to take action relating to a court ruling regarding the Minnota Police Recruitment System(MPRS). BACKGROUND: For a number of years,the City of Shakopee participated in the MPRS system. MPRS tested police candidates, and provided the member cities with a list of eligible people from which to hire new police officers. At one time,there were 36 member cities,primarily in the metropolitan area. Shakopee ceased being a member in 1994. In approximately 1992,two African-American candidates who had failed the tests, sued MPRS, stating that the system was flawed, and that the officer selection procedures violated the Minnesota Human Rights Act. On October 5, 1994, a court ruling held that • the member cities had violated the Minnesota Human Rights Act, and the Court later • assigned a series of punitive and corrective actions. Even though Shakopee, along with eleven others, were no longer members at that time, Shakopee must comply with the judge's rulings. In addition to a financial settlement,the employee selection procedures of the affected cities will be subject to continual review by the court until January 1, 2004. JOINT ACTION: The 36 cities have met recently to discuss how to proceed. While the cities have been jointly defended by a private law firm(coincidentally, Kennedy&Graven,the City's attorney), it is felt that the judge's ruling may potentially affect all cities in Minnesota. For that reason, it is recommended that the League of Minnesota Cities Insurance Trust be requested to appeal the case. In addition, as the 36 defendant cities is MPRS are obligated to do recruitment for the hiring of minority persons which might be better performed jointly rather than individually, a proposal has also been proposed which would allow for cooperative activities along those cities. Thirdly, reporting for affirmative action was mandated in another court order of November 7, 1996. MPRS is proposed to be the central collection point for information which is available from the member cities and that that information then be forwarded by MPRS to the Court for reporting and monitoring purposes. MPRS would also seek to have that court order modified or vacated as possible. BUDGET IMPACT: There will be costs associated with the joint recruitment and reporting, as well as legal fees. (If the League of Minnesota Cities Insurance Trust chooses to get involved,that will reduce the chargeable billings to participating cities). At this time, it is unknown as to what those costs may be. However, given the existing formula for distributing costs for MPRS-related activities, it is fairly certain that the participation in these joint activities will cost Shakopee far less in terms of expenditures and staffing than if it attempted to react on its own. RECOMMENDATION: Two resolutions are attached. The Council should adopt each of them. ACTION REQUIRED: If Council concurs, it should,by motion, adopt the following resolutions relating to the Minnesota Police Recruitment System: 1. RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM. 2. RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL. By adopting the applicable resolution, it would,by reference, adopt the terms and conditions as well. Mark McNeill City Administrator CITY OF SHAKOPEE STATE OF MINNESOTA RESOLUTION NO. 4616 RESOLUTION AUTHORIZING AND APPROVING PARTICIPATION IN COOPERATIVE ACTIVITIES OF MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS,the City of Shakopee is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District Court entitled Fields v. MPRS et al. and Starks v. MPRS, et al., District Court File Numbers EM 93-218 and EM 93-219 (collectively referred to as the "Action"); and WHEREAS,by Order dated November 7, 1996 (the "Order")in the action, the defendants are obligated to undertake certain activities relating to the recruitment and hiring of minority persons; and WHEREAS, the MPRS has offered to undertake certain of such activities on behalf of defendant cities which wish to act cooperatively to fulfill their obligation as set forth in the Order, on terms and conditions established by the MPRS; and WHEREAS, the City Council has determined that it is in the best interests of the city to participate cooperatively in the MPRS program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee as follows: 1. The city authorizes and approves participation in the cooperative activities of the MPRS in accordance with the terms and conditions established for such participation by the MPRS. 2. The City of Shakopee is authorized and directed to take such actions as are necessary to participate in the MPRS program. 3. Data provided by the city to the MPRS are to be administered in accordance with Minnesota Statutes, Chapter 13, and the MPRS shall maintain date on individuals in accordance with statutory provisions applicable to that data. 4. The City Clerk is directed to file a certified copy of this resolution with the president of MPRS. Adopted this day of , 1997. Mayor ATTEST: City Clerk CITY OF SHAKOPEE STATE OF MINNESOTA RESOLUTION NO. 4617 RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APPEAL WHEREAS,the City of Shakopee is a defendant along with the Minnesota Police Recruitment System, a Minnesota joint powers organization("MPRS"), and 35 other Minnesota cities in two companion civil actions in Hennepin County District Court entitled Fields v. MPRS et al. and Starks v. MPRS, et al., District Court File Numbers EM 93-218 and EM 93-219 (collectively referred to as the "Action"); and WHEREAS, by Order dated October 5, 1994,the court found that the entry level police officer selection procedures used by the defendants violated the Minnesota Human Rights Act; and WHEREAS, by Order dated November 7, 1996,the court made the defendants subject to the continuing jurisdiction of the court until January 1, 2004; and WHEREAS, said orders establish standards for review of employee selection procedures which will be extraordinarily difficult to satisfy; and WHEREAS, said orders may be cited as precedent in future challenges to employee selection procedures of Minnesota cities which will be defended by the League of Minnesota Cities Insurance Trust(LMCIT); and WHEREAS, the City and other defendant cities may have future employment practices challenged in the context of the Action under the continuing jurisdiction of the court, which will be defended by the LMCIT; and WHEREAS, it would be advantageous to the City,the defendant cities in the Action and all other cities in Minnesota if the Action could be successfully challenged on appeal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee that: 1. The City hereby requests the LMCIT to appeal the Action to the Minnesota Court of Appeals on behalf of the City. 2. The City of Shakopee is directed to transmit a copy of this resolution to the LMCIT as soon as possible and to take such other actions as are necessary or expedient to secure the assistance of the LMCIT and to prosecute the appeal in the event the LMCIT agrees to represent the City. Adopted this day of , 1997. Mayor ATTEST: City Clerk IL E, 02. , CITY OF SHAKOPEE O. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station Plans and Specifications/Advertisement DATE: February 13, 1997 INTRODUCTION: The Council is asked to adopt the plans and specifications for the new fire station, and authorize its advertisement for bids. BACKGROUND: For several months,the Fire Station Committee has been working diligently on preparation of the plans and specifications for the construction of the new fire station. This is with the assistance of Architect BKPV. It is at a point now where the plans and specifications can be adopted, and advertisements for bids awarded. Bids are scheduled to be opened March 27, 1997, and reviewed by the City Council at the next available meeting,possibly as early as April 1st. Construction would commence following provision of insurance,performance bonds, and the like. A representative of BKPV is expected to be in attendance at the February 18th meeting to answer questions. BUDGET IMPACT: The budget and architects estimate for the construction work is $2.4 million. RECOMMENDATION: We recommend that plans and specifications be adopted, and then advertisement for bids be authorized. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE FIRE STATION. Mark McNeill City Administrator RESOLUTION NO. 4619 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Fire Station WHEREAS, Boarman Kroos Pfister Vogel & Associates has prepared plans and specifications for the construction of a fire station and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Clerk,are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 18th day of February, 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE // E� Memorandum b. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Huge, Fire Chief SUBJECT: Fire Station Building Permit Fee Waiver DATE: February 12, 1997 INTRODUCTION: The Council is asked to authorize waiver of the fees over which the City has jurisdiction,that are normally charged for building permits,relating to the new fire station construction. BACKGROUND: The Fire Station.Committee is requesting that the City Council consider waiving all non-inter agency fees for the fire station building permits. Now that plans are nearing completion, it is evident that the budget will be very tight. For that reason, the Fire Department requests that the City Council waive building permit fees associated with this project, other then those fees chargeable for SAC, WAC, electrical inspection fees, and other mandated costs. The amount to be waived is estimated to be $26,400; whatever is saved will allow for that much more money to put into the actual construction. RECOMMENDATION: I recommend that the Council waive non-mandatory building permit fees for the fire station project. ACTION REQUIRED: If the Council concurs, it should, by motion,waive the non-mandatory building permit fees for the project. Mark Huge Fire Chief MH:tw CITY OF SHAKOPEE )/• j. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Video Slots - Canterbury Park DATE: February 13, 1997. INTRODUCTION: The Senate has had introduced a bill which would authorize the use of video slot machines at Canterbury Park in Shakopee. The Council is asked to discuss this, so that it may be prepared with a position. BACKGROUND: 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. A summary of the bill is attached. Mayor Henderson has directed that this subject be placed on the City Council agenda at the February 18th meeting, so that the Council has an opportunity to discuss this. The City may need to be able to respond on short notice with a position, should the bill proceed further. Currently, it is referred to the Committee on.Local and Metropolitan Government. One item that the Council may wish to discuss is the impact that such activity would have on the City of Shakopee, and if the City should actively pursue an amendment which would provide some sort of return to the City, and possibly County, for being the host community. Canterbury Park President Randy Sampson has asked to be able to briefly address the Council on this issue. ACTION REQUIRED: After discussion, the Council should indicate what, if any, direction it wishes to take on this issue. ^ b(A 't eV"t{ Mark McNeill City Administrator MM:tw SENT BY: SRC; 2-13-97 3:49PM; 6122989441 => ; #2/4 SUMMARY OF VIDEO LOTTERY BILL Section 1. In-lieu sales tax. Provides that the 6.5 percent in-lieu sales tax now imposed on gross sales of state lottery tickets applies to net terminal income for video lottery terminals. Sec. 2. Definitions. Defines terms. Defines a "video lottery licensee" as a class A racetrack licensed by the Minnesota racing commission. Defines "net terminal income" as gross receipts to a video lottery terminal minus amounts paid out as winuims- Sec.3. Vendor contracts. Allows the director of the state lottery to enter into contracts 1 to procure video lottery terminals in the same manner as other lottery contracts. Sec. 4. Video lottery licensee. Authorizes the director to license a class A racetrack (Canterbury Park is the only class A racetrack in Minnesota)to operate video lottery terminals. Allows up to 1,500 video lottery terminals at the racetrack. Specifies required record-keeping by the licensee. Prohibits local licenses for,and local taxes on,video lottery machines licensed by the director. Authorizes revocation,suspension,and refusal to renew the racetrack's video lottery license for a violation of law. Requires five percent of new employees at the track to be from public assistance recipients. Sec.S. Video lottery termtinab.Requires terminals to: • have non-resectable meters • be capable of being linked electronically with a central computer ► have a payout percentage of between 80 and 95 percent ► have a minimum play of 25 cents Authorizes the director to test and examine models of video lottery terminals. Authorizes the director to deactivate a terminal if the licensee has violated a law or contract. See. 6. Prizes. Makes video lottery terminal prizes subject to the director's marks and r, game procedures. Prohibits persons under 18 from claiming a prize. Requires prize slips to be presented for payment on the same day on which they were printed. Sex.y. Net income. Sets aside 20 percent of net terminal income for the licensee.and 8.4 percent of net terminal income for purses for horse races conducted a the licensee's racetrack. Allows this 28.4 percent to be negotiated between the track and horseprson's organizations. . Authorizes the director to retain up to 10 percent of net terminal income for operating cost. Creates a grant program for Indians not living on reservations or receiving tribal gambling receipts, and reserves two percent of net terminal income for this program. Requires the net proceeds to be paid to the state treasury and credited as follows:40 percent to the environmental trust Rind and 60 percent to a newly created sports infrastructure fund. 1. 11 1� SENT BY: SRC; 2-13-97 3:49PM; 6122969441 ; #3/4 a I Sec. 8. Conflict of interest. Prohibits the director and lottery employees and their immediate families from playing video lottery terminals or having a financial interest in a vendor that provides video lottery terminals to the lottery. Sec. 9. Prohibitions. Prohibits anyone under age 18 from playing a video lottery terminal. Prohibits the licensee from allowing play by persons under 18. Sec. 10. Criminal history. Gives the director access to criminal history data compiled by the gambling enforcement division on holders of contracts to provide video lottery goods or services. • Sec. 11. Other laws. Exempts video lottery terminals licensed under the bill from laws that: • prohibit the lottery from operating coin-activated lottery games • prohibit manufacture, sale, placement, operation or possession of gambling devices. Sec. 12. Effective date. Makes the act effective July 1, 1997. PJM:sdb 1 2 1 SENT BY: SRC; 2-13-97 3:49PM; 6122969441 => ; #4/4 1 a f r i c10o' l 1 - 1g ig g;g � g1$�$ gg § § § §.§ L *S, 00 00' 0 00: �r mi014 ing 8 0 )o clic.) 011•.11'•• O0 1iN 0 u2 CO Co)i CO Mao o) o)40!o) N m co ten 0) o 0 tO C 0) t7 ►n,.-I to .- eV * to I • i ( ii , a • 1 a 1 I i I V 00 00.000!CO � N1 It 00000 00000 *+ '- o oo; 0 unr• moto1ao 0 o c .. in N W tvN ,n; m to �!m rt M�m m O O Co) a 0 to Cel O 0 0 Ito v)I'Q) 0) 10'et N10V) CR 0CtOto let to t0 a .- N I V) r- N r N t7 t, In to , N N th X O a a 1 a i 1--,___J__r . 1 , _ I v � ! j , i g of Af I .0 --1 W Y ( N W ff I Qs4i1Z � ill ZZ I z, I LL VIO I� O yy C IAA I W I. 1 r pX0 r c Wl tcI V.0 < uz„! O w tot; �Zi� DRi a �.r�cn > 15 , Q 0 .iV 0� c� r 0�tu ua i_., N IQI W plc N, Z: I 2 1t- u.! › jv o " ° e� ...' oi2n Z CI -a` 0 t ,a, i :p1 I o 1, e L 3 zi! .C, a W W W u Q ,1� o C V1 u'; I Q �W a. Lit ... CC Oio �: d ZV �.�1� � QI N W N Imo' tl� p iH 10 PIO v oo $10 cii0,i Q al Vr m a tI O' > Q 0�Z «� to �;g it��1'r— Q O�n'~ V; G1` z;Wl w 211 lal-J CCCIO. Z,Z W 2110 Z !Q.�la .. 4 h-1Vf Q!m,u 2 Q,F- lJ. E. LI. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: EDA Loan DATE: February 13 , 1997 Introduction Due to the timing of the cash flows for the Blocks 3 & 4 project, the EDA is requesting a short term loan from the City. Background During the EDA meeting of 2/12/97, the financing of the Blocks 3 & 4 project was reviewed. Due to the timing of the financing for the whole project and the projected future receipt of other TIF funds, the project is short of funding for a number of months until longer term financing is arranged. Short term borrowing is needed now to keep the acquisition and clearing of the site moving forward. If other financing is not arranged and the project does move forward, the current projections for the total cash shortfall in 1997 is about $900, 000 . Accordingly, the EDA is requesting a loan from the City of up to $500, 000 to keep the project moving forward for the next few months . Such a loan is legal . Since the City charges it own funds interest for cash short falls, this loan should also be charged interest at the current average investment rate of 5 . 80 . The Capital Improvement or the General Fund has the money for the loan. Recommendation Approve a loan to the EDA of $500, 000 subject to interest of 5 . 896- to be repaid no later than December 31, 1998 or when long term financing is arranged, whichever occurs first . An alternative is to approve a loan of up to $900, 000 in case the financing is delayed and the project moves forward. This would avoid needing to come back to Council for additional funding in 3 to 6 months . Action Move to approve a 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 . //6U Gregg V xland Finance Director is\finance\docs\gregg\EDAloan CITY OF SHAKOPEE 11. E. S. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Custodial Contract DATE: February 12, 1997 INTRODUCTION: The Council is asked to take action which would change custodial contractors for City buildings. BACKGROUND: Since May 21, 1996,. the City has had cleaning services for all City buildings, withthe exception of the Police Department provided by Pride of the Twin Cities. At this time, we would like to change custodial contractors, and give Pride a 30 day notice of termination. Custodian Charles Fuller and Recreation. Superintendent Ron Stellmaker contacted other cleaning companies, and took them on tours of the facilities. Pride was not invited to submit a new quote. Bids were received in the following amounts: Company City Hall Library P.W. Bldg. Youth Bldg. Comm Ctr Total George's $500.00 $400.00 $300.00 $200.00 $1200.00 $2,600.00 G& M $578.33 $473.33 $351.67 $203.33 $1411.67 $3,018.33 Peterson $400.00 $338.00 $170.00 $130.00 $1970.00 $3,008.00 Existing $430.00 $463.00 $125.00 $110.00 $1169.00 $2,297.00 Based on the total quotes received, George's Cleaning Service is the lowest of the responding quotes. George's has also been providing service at the Police Department for some time; the Police Department is very satisfied with their work. BUDGET IMPACT: Based on the total received, George's is approximately 13.2%higher then what is budgeted. However, that varies; obviously, it is over twice as much for the Public Works building, but less for City Hall and the Community Center. However, we feel that the increase in service would be worth it. Public Works Director Bruce Loney concurs with the recommendation,however, he notes that the Public Works building has the largest percentage increase and this increase is not budgeted. The overall increase, $3872.00, may need to be accommodated in a budget amendment later this year, depending on departmental budgets. RECOMMENDATION: We recommend that the existing contractor be provided a 30 day notice of termination, and that George's Cleaning Service be awarded the contract,to begin upon termination of the provision of the services from Pride. ACTION REQUIRED: UIRED: [f the Council concurs, it should, by motion, authorize the following: 1. Authorize provision of the 30 day notice of termination to Pride of the Twin Cities. 2. Authorize execution of a contract with George's Cleaning Services, for five City buildings, for a total monthly amount of$2,600.00. Mark McNeill City Administrator MM:tw CONSULTANT CONTRACT THIS CONTRACT, made and entered into this day of , 1997, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota 55379, and George' s Cleaning Services, hereinafter referred to as the "Consultant" with offices at 14327 Valley View Road, #B, Eden Prairie, MN 55344 . WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain cleaning services more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : 1 . Services . The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2 . Addition to Services . The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 6 hereof . The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the City Administrator and shall be accepted and countersigned by the Consultant . 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services . 4 . Personnel . The Consultant represents that the Consultant will secure at the Consultant' s own expense, all personnel required to perform the services called for under this contract by the Consultant . Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant . All of the services required hereunder will be performed by the Consultant or under the Consultant' s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services . None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5 . Term. The services of the Consultant shall be provided for one year. If neither party terminates this contract as provided below, this contract will automatically renew for one additional one-year term. 6 . Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract . It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this contract exceed the sum of $2, 297 . 00 per month for all services required unless specifically and mutually agreed to in writing by both the City and the Consultant . No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this contract and the work actually required. 7 . Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner the Consultant' s obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. City may without cause terminate this contract upon thirty (30) days prior written notice. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant . 8 . Conflicts . No salaried officer or employee of the City, and no member of the City Council shall have a financial interest, direct or indirect, in this contract . A violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 9 . Assignment . The Consultant shall not assign or transfer any interest in this contract, without prior written consent of the City thereto. 10 . Confidentiality. Any reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential, or which is protected under Minn. Stat . Chapter 13 , shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 2 11 . Interest . The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract . The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 12 . Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, against any employee of the Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. The Contractor shall be bound by and comply with the provisions of Minn. Stat . Sec. 181 . 59 as fully as if it were set forth verbatim herein. 13 . Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of the Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. 14 . City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker' s Compensation Program of the City. 15 . Liability and Indemnity. The parties mutually agree to the following: a. The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses related to its work under this contract, or arising out of the award of this contract to Consultant . b. The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract . 16 . Notices . All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City and the Consultant at the address shown above. The date of delivery of any notice shall be the date fall- ing on the second full day after the day of its mailing. 17 . Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. 3 Executed the day and year first above written. GEORGE' S CLEANING SERVICES CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: The City of Shakopee 129 S. Holmes St . Shakopee, MN 55379 [KGEORGE' S] 4 EXHIBIT " A " FOR THIS CONTRACT WILL BE PLACED ON THE TABLE ON TUESDAY EVENING . 1 � EXHIBIT "A" 11• E. '57 GENERAL DESCRIPTION Service will be provided seven(7)days per week at; SHAKOPEE COMMUNITY CENTER 1225 Fuller Street Shakopee,MN. 55379 • Vacuum all areas wall to wall • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Vacuum all carpeted stairs and stairwells • Dust all stair rails • Refill towel,tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures,drinking fountains,etc. • Spot clean walls and partitions • Wet mop floor with disinfectant GENt • Empty all waste receptacles and remove to proper area • Dust all furniture,equipment and accessories • Vacuum all carpeted areas wall to wall • Arrange all office furniture back in it's proper area 1 1 • Detail threshold entry plates,removing all visible soil • Spot clean all walls,light switches and doors • Scrub all restroom walls and floors using a lime removing product and use a germicidal detergent GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE CITY HALL 129 HOLMES ST. Shakopee, MN. 55379 • • Dust mop all hard floor surfaces • • Mop all hard floor surfaces • Vacuum all carpet. • Shampooing shall be @ 10 cents Sq. Ft. as needed GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE COMMUNITY YOUTH BUILDING Shakopee,MN. 55379 • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Refill towel,tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures,drinking fountains,etc. • Spot clean walls and partitions • Wet mop floor with disinfectant ISI • Clean all tables • Sweep and mop hard surface floors including long hall III' • Required waxing/stripping shall be at 15 cents Sq.Ft. GENERAL DESCRIPTION Service will be provided two(2)days per week(T&F) SHAKOPEE PUBLIC WORKS BUILDING 500 Gorman Street Shakopee,MN. 55379 g: • Vacuum all carpeted areas,wall to wall • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Refill towel,tissue and soap dispensers • Empty waste containers • Sweep floors • Clean minors • Clean&disinfect all fixtures,drinking fountains, etc. • Spot clean walls and partitions • Wet mop floor with disinfectant • Empty all waste receptacles and remove to proper area • Dust all furniture,equipment and accessories • Vacuum all carpeted areas wall to wall • Arrange all office furniture back in it's proper area • Clean all tables • Sweep and mop hard surface floors including long hall • Required waxing/stripping shall be at 15 cents Sq.Ft. • Required shampooing shall be at 10 cents Sq.Ft. GENERAL DESCRIPTION Service will be provided two(3)days per week(M-W-F) SHAKOPEE LIBRARY 235 So.LEWIS ST. Shakopee,MN. 55379 • Dust mop all hard floor surfaces • Remove all trash to proper areas • Mop all hard floor surfaces • Vacuum all carpeted runners • Refill towel,tissue and soap dispensers • Empty waste containers • Sweep floors • Clean mirrors • Clean&disinfect all fixtures,drinking fountains,etc. • Spot clean walls and partitions • Wet mop floor with disinfectant • Vacuum all carpeted areas • Arrange all furniture in proper areas • Empty all trash receptacles • Spot dust all office desks,equipment,etc. • Shampooing shall be @ 10 cents Sq.Ft as needed . - \ 14327 Valley View Rd. Eden Prairie,Mn.55344 612-906-7627 Home 612-906-7627 Fax 'To;Mr. MarkMcNeill City Administer Mr. Mcg ill; Attached is a general description of the workto be performed at the five (5)buildings in question.All days of work, to be performed are at the top of the page. Please be aware that if there is a national holiday and the building is closed, that the building(s)shall be cleaned the following day, unless extra workis involved, such-as waxing and stripping. If there is any questions,please feel free to call me at the above number or have Charlie Fuller get ahold of me at the police station in the mornings to fine tune anything that I may have overlooked. 'rank you George M Ficzeri Georges Cleaning Service CITY OF SHAKOPEE II. ES. Memorandum 10 ` o U NCTO: Mayor and City Council (Only} FROM: Mark McNeill, City Administrator © N y . SUBJECT: Cleaning Services DATE: February 12, 1997 I did not wish to include this in the Council packet, but the quality of work received from Pride has been a source of irritation for quite some time. It appears that they're having a difficult time in keeping employees on a consistent basis, which leads to constant needs to train and retrain. Both Charlie and Ron are frustrated in the quality of work that is being provided. We have had numerous calls to Pride. While the owner takes an interest and will come out himself to try to rectify the problems, the old habits resume very shortly thereafter. I have attached Ron Stellmaker's memorandum, which he drafted, anticipating a separate action for the Community Center itself. The contract provides for a 5-day notice when the contract has been breached, such as when the supplier has not provided services. However, in order to be fair, we will service the "without cost"provision in the contract and provide a 30-day notice. We recognize that the quality of work will likely decline during the 30 day time period; both Ron and Charlie indicate they're willing to take up the slack during that time. If there are questions about this, please contact me. tLLW) Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum To: Mark McQuillan, Director of Parks and Recreation From: Ron Stellmaker, Facilities Manager/Asst. Director Subject: Community Center Cleaning Contract Date: 2/10/97 INTRODUCTION Since the opening of the Shakopee Community Center on February 5th 1996, the Community Center has had a general cleaning contract with a private company for daily end of the day cleaning service. The one year contract for this service has expired and service is being done on a month to month basis. Staff is looking to make a change in companies for this service. BACKGROUND In January 1996 Council approved and Staff hired Pride of the Twin Cities to take care of the nightly cleaning of the newly built Shakopee Community Center. For the first four months, Pride of the Twin Cities and it's staff performed cleaning duties as was stipulated in the cleaning contract. Over the past eight months Pride's cleaning service performance has gone drastically downward. Problems have included but are not limited to, cleaning tasks not being performed as stipulated, cleaning staff not showing up at agreed scheduled times, cleaning staff not adhering to Community Center policies and times that cleaning duties were neglected all together. Many of these problems can be attributed to Pride's high employee turnover rate. This led to the Community Center not being cleaned on a consistent basis by any certain individual, which intern led to high inconsistencies in the level of cleaning. Staff has addressed these problems with Pride Management but the above listed problems still persist. When specified cleaning duties were neglected by Pride, Community Center Management had to take care of the cleaning, taking Management away from more important facility issues. The Community Center is a high traffic and service orientated facility. One of the key elements to running a successful facility such as the Community Center, is it's overall appearance. Being a membership orientated facility also increases the importance of the facilities appearance. Due to the above stated reasons, staff is looking into changing the Community Center's cleaning service to a more reputable cleaning company. The new janitorial company would again furnish Labor, Payroll Taxes, Worker's Compensation, Contractors Public and General Liability Insurance, Property Damage Insurance, Equipment, Cleaning Supplies, and Supervision. Staff has interviewed and toured the Community Center with four different cleaning companies. Each company has submitted a proposal for the cleaning service of the Community Center. The following is a summary of the proposals: Peterson Custodial Service Inc. - $23,640.00 per year George's Cleaning Service - $14,400.00 per year *Currently cleans the Shakopee Police Department. G&M Cleaning Service - $16,940.00 per year Tower Cleaning Service - $19,440.00 per year Morgel Commercial Cleaning - $17,892.00 per year All proposals are based on a one year contract with the first three months stated as a probationary period. This will give staff a chance to evaluate the service over a period of time to determine if they are meeting the Community Center's cleaning needs. The contract also has an option to renew after the first year if all needs have been met. ALTERNATIVES 1. Authorize the appropriate City officials to execute a janitorial agreement with George's Cleaning Service at a cost of$14,400.00 per year. 2. Authorize the appropriate City officials to execute a janitorial agreement with one of the other four Companies who submitted cleaning proposals. 3. Do not approve authorization for contractual janitorial services. 4. Table information pending further information from staff STAFF RECOMMENDATION Staff recommends alternative#1 ACTION REQUESTED Authorize the appropriate City officials to execute a janitorial service agreement with George's Cleaning Service for the Shakopee Community Center at a cost of $14,400.00 per year. BID (service only) From George's Cleaning Service ■■ ■■illni.■■••■••■••■••■•■■■■■■••••■ Date: February 10, 1997 TO: FROM: City of Shakopee George's Cleaning Service 129 South Holmes Street 14327 Valley View Rd.#B Shakopee, Mn 55379 Eden Prairie, Mn 55344 612-906-7627 We are pleased to submit the following bid: Job Description: Custodial Cleaning Services SERVICE Days DESCRIPTION CHARGES TOTAL Bi-Weekly Shakopee City Hall $500.00 $500.00 Tri-Week) Shakopee Library $400.00 $400.00 Bi-Weeklymm Shakopee Public Works Building $300.00 $30000 Bi-Weekly Shakopee Community Youth Building $200.00 $200.00. ....:................................................. ...................................................... ...................................................... Total service charges: 1,400.00 $1,400.00 1 CITY OF SIIAKOPEE J/ E. 6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Electric Utilities Personal Property Tax Change DATE: February 12, 1997. • INTRODUCTION: The Council is asked to determine whether it wishes to join with other Minnesota cities in contesting proposed legislation which would remove the personal property tax on machinery for electric generating stations from the local tax capacity. BACKGROUND: Recently,the League of Minnesota Cities facilitated a meeting in which 19 cities, including Shakopee, were invited to discuss legislation which has been proposed by NSP to remove generating stations from the property tax rolls. The cities were invited as, according to tax records, they have a significant percentage of their local tax capacity in electric generating properties. Shakopee does have an electric peaking station owned by Northern States Power south of the Blue Lake Treatment Plant. For tax purposes, it is valued at$13 million;this amounts to approximately 6%of the City's tax capacity. 6% is significant; however, it pales when compared with the 75% of the local tax base that would be affected in the City of Becker, and 50% of Monticello's local tax capacity. Red Wing also would be a large player. The attached information from the League of Minnesota Cities asks the Council to consider whether it wishes to participate. A resolution agreeing to be part of a consortium to lobby against this is attached. BUDGET IMPACT: The loss of$13 million in industrial market value would result in approximately a 6%increase in all other tax payer bills. This tax base would also be lost to the School District, and County. Expenses for lobbying efforts have not yet been determined; however, all jurisdictions who wish to participate would share costs. A funding formula has not yet been established, but the preliminary indication appears that those that who have the most to lose would pay a higher cost then those who want to be part of the discussion, but do not have the same economic impact. RECOMMENDATION: If the Council wishes to get involved, it should pass the attached resolution. ACTION REQUIRED: If the Council sees this as an issue that it wishes to contest, it should, by motion, adopt the attached resolution: A RESOLUTION REGARDING THE FORMATION OF A COALITION OF CITIES TO DEAL WITH A TAX REFORM FOR INVESTOR OWNED UTILITIES REGARDING TAX ON PERSONAL PROPERTY. ilikk(214),Ltt, Mark McNeill City Administrator MM:tw CC: Lou VanHout Paul Snook 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 WHEREAS, the City of Shakopee is the host to a power plant knows as Blue Lake Generating Plant; and WHEREAS, the City of Shakopee derives revenues from the energy facilities located in Shakopee in the form of personal property taxes on machinery which amounts to $ for the year 1997; and WHEREAS. a study conducted by the Minnesota Department of Revenue in conjunction with the Public Utilities Commission(PUC) and the department of Public Service has issued a study dated January 15. 1997 entitled `'Analysis of Utility Taxation in Minnesota" and has presented such information before the Senate Subcommittee for Property Tax and Local Government Budget Division, Senator Sandra L. Pappas, Chair on February 5, 1997; and WHEREAS, the above referenced study by the department of Revenue has in fact recommended the decreased use or elimination of personal property tax as a source of revenue for local entities; and WHEREAS, Investor owned utilities (IOU's) have proposed legislation which would remove personal property tax from the available tax capacities of the affected jurisdictions; and WHEREAS,jurisdictions who loose tax capacity could see significant increases in property taxes at the local level as a result of such legislation without replacement revenues; and WHEREAS, the replacement revenues of a utility or"meter'tax or other such remedies do not provide the same assurance of cash flow and leaves affected jurisdictions with an inability to deal adequately with financial concerns; and WHEREAS, the replacement revenues would also be subject to collection and"tinkering" by the state giving jurisdictions inadequate security in receipt of revenues both now and in the future with the added possibility of sunseting the revenue stream completely; and WHEREAS, with the loss of the personal property taxes, the affected jurisdictions will experience an adverse impact in its ability to bond, its bond ratings, its long term debt, and will experience problems with outstanding debt and including issues concerning bond disclosure requirements. NOW, THEREFORE BE IT RESOLVED, by the City of Shakopee, Minnesota, shall appoint as a contact person or liaison to work with other similarly affected governmental entities in OPPOSITION to the elimination of personal property tax. At the discretion of the jurisdiction this person shall serve as a representative of the committee overseeing the activities of the coalition. BE IT FURTHER RESOLVED that the representatives will work as committee members for the purpose of giving direction to lobbyists working on the issue as well as the generation of a budget and formula for funding of the effort. Adopted this day of 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum IP' $ ' 1404 4041 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Amendment to Protective Covenants- Valley Park 6th Addition DATE: February 10, 1997 BACKGROUND: I have received a letter from Mr. Hoyt, Hoyt Development Company, asking the City to approve an amendment to the Protective Covenants for Valley Park 6th Addition. The City owns Outlot A within Valley Park 6th Addition which is utilized for a storm sewer pond. Mr. Hoyt is proposing to build a single office/warehouse building which will encompass 38% of his land. The Protective Covenants restrict construction to 35% of the land area;however, they can be amended by the approval of the majority of the record owners effected by them. Mr. Hoyt is asking if the City of Shakopee, as a property owner,would approve his construction encompassing 38% of the land area. Mr. Leek, Community Development Director,has indicated that he is unaware of any reason that the City would want to object to the request for the variance from the current covenant limitation on building coverage. ALTERNATIVES: 1. Approve request. 2. Deny request. 3. Request additional information. RECOMMENDATION: Staff recommends Alternative#1, approve the request of Mr. Hoyt. RECOMMENDED ACTION: 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. ( f j ( Judith S. Cox City Clerk JSC/tiv mew i t,',4871)" --1 N+ W,i,a °"''.ti ow ` !� 111<> 04 w xrr> r Pj v I to O�jT . m j I IS4° 0 o P.M a CMpiI ILL q r a'cOir�H cy � . 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I �• 3 os' n m 11 ,—_ o10 4 N ` \`_ —�f—� a o 9-s1i ss$�? � --- `T$'tom H I �`�G 74� Z3"1.,._ — i�.�-aa_„�•`f•T _•sp i: -.\ )1• Hoyt Development COMPANY 13400 15th AVENUE NORTH, SUITE F PLYMOUTH, MINNESOTA 55441 Phone 612-551-4944 Fax 612-551-4943 1-800-551-HOYT January 23, 1997 Ms. Judy Cox City Clerk City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Re: Declaration of Protective Covenants Valley Green Business Park/Shakopee, Minnesota Dear Ms. Cox: I have recently entered into a contract to purchase a parcel of land located in the Valley Green Business Park, on Valley Industrial Blvd. South. As part of my due diligence I have reviewed the Declaration of Protective Covenants regarding this property. One of the restrictions limits any new building construction to 35% of the land area, with an expansion to 50% after one year. I am proposing to construct a single office/warehouse building of 200,000 square feet that will encompass 38% of the land area. This building would exceed the 35% restriction and therefore requires an amendment to the Protective Covenant. The Protective Covenant can be amended by approval of a majority of the record owners affected by this Protective Covenant. I have been in contact with Jon Albinson regarding this issue. He has informed me, as both the successor to the declarer of the covenant and an owner of two parcels, of his support for my proposed building and an amendment to the Protective Covenant. MINNEAPOLIS • TAMPA DEVELOPMENT • CONSTRUCTION • MANAGEMENT • INVESTMENT Before I finalize my plans, I am seeking your support as a record owner, for an amendment to the Protective Covenant to allow the construction of my proposed building. Would you please contact either myself at 551-4944 or Scott Kummel of Towle Real Estate at 347-9340 with your comments or questions. I am looking forward to a successful development in the Valley Green Business Park. Very truly yours, Bradley A. Hoyt President CITY OF SHAKOPEE Memorandum TO: Judy Cox, City Clerk Bruce Loney, Public Works Director FROM: R. Michael Leek, Community Development Director SUBJECT: Declaration of Protective Covenants Outlot A Valley Park Sixth Addition DATE: February 4, 1997 Since the zoning district within which the property is located permits does not specifically address building coverage, but does permit up to 85% impervious surface coverage on a lot, I do not see any objection that the City would have to the variance from the current covenant limitation on building coverage. 1). E. �. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointments to Boards and Commissions DATE: February 14, 1997 INTRODUCTION: Attached for Council consideration is Resolution No. 4615 which would make appointments to expiring terms on various boards and commissions . After Council has determined the successful candidates by voting, this resolution should be adopted. BACKGROUND: Various terms on boards and commissions will be expiring at the end of February, 1997 . On February 4th, City Council made nominations to the boards and commissions, following the publication of the openings and receipt of applications, pursuant to Council policy. The interview committee, consisting of Councilor Link, Councilor Zorn, and City Administrator, Mark McNeill, has interviewed the candidates and is recommending the appointment of the candidates as shown on the attached memorandum from Mr. McNeill. Subsequent to the February 4th nominations, I received three additional applications: Kathy Prochaska (Park and Recreation Advisory Board and SPUC) , Lee Stoltzman (Planning Commission) , and Lois Weckman (Park and Recreation Advisory Board) . Lois Weckman has since withdrawn her application because she is a temporary part-time employee and is precluded from serving on a board or commission pursuant to the city code. The interview committee did interview Ms. Prochaska and Mr. Stoltzman and their names should be placed in nomination. Appointments to Boards and Commissions February 14, 1997 Page -2- DETERMINING SUCCESSFUL CANDIDATES According to Resolution No. 2206, if there is more than one person nominated for an appointment, the City Clerk shall distribute paper upon which each Councilmember shall write his preference for the appointment and sign their name. Then the Mayor shall open the paper ballots and announce how the votes were cast. If the person receiving the most votes does not have a majority vote of the Councilmembers present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates . After a candidate has received a majority vote on a paper ballot, the Mayor shall announce his or her name and the fact that he or she has a majority vote. All ballots shall be turned over to the City Clerk for proper filing. After it has been determined who the candidates are that have received the majority vote, their names should be inserted into Resolution No. 4615. To speed things along, in the past City Council has filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes are tallied with the first results presented to Councilmembers when the matter comes up on the agenda. If additional voting is necessary it would take place at that time. Council may wish to follow this procedure to expedite the process . (BALLOT ATTACHED) BOARD OF REVIEW The current Board of Review is comprised of five members consisting of three citizens and two councilmembers . We have never had more than three citizens interested in this board in any one year. This year we have one term expiring and two interested citizens . The citizens are appointed to serve a three year term. Council may wish to consider appointing both candidates and have only one councilmember on the Board. The interview committee was impressed with both candidates and recommends appointment of both and having only one Councilmember on the Board. Appointments to Boards and Commissions February 14, 1996 Page -3- (The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the city council . The council determines the number of members, the compensation and expenses, and the terms of office. At least one member of the special board must be an appraiser, realtor, or familiar with property valuations in the assessment district. - from the League Handbook) For Your Information! If City Council is prepared, it would be desirable for the appropriate number of councilmembers (1 or 2 to make up the five member Board) to be designated at this time to serve on the Board of Review this year. The Board of Review has been set for Tuesday, May 13th at 7 : 00 p.m. and if necessary, would be continued to Tuesday, May 27th at 7 : 00 p.m. (Board of Review is held in the council chambers) ECONOMIC DEVELOPMENT AUTHORITY (EDA) - There are no terms expiring this year. CABLE COMMUNICATIONS COMMISSION There are three vacancies on this commission. One expiring in 1997, 1998, and 1999. We have received only two applications . Ms. Lisa Hill can only serve until August, 1997 so it is recommended that she be appointed to the unexpired one year term. We will continue to look for an additional member. COMMUNITY ACCESS CORPORATION BOARD This Board is made up of six as opposed to five for the Cable Communications Commission. There are four vacancies on this Board. Two expiring in 1997, one in both 1998 and 1999. We have received two applications, plus Mr. Bob Ziegler has indicated to Councilor Sweeney that he is willing to serve another term. His name should be put into nomination. It is recommended that Ms. Hill be appointed to the one year unexpired term on this Board, also. RECOMMENDED ACTION: 1 . Complete 1st ballot and give to City Clerk at the meeting prior to roll call . Appointments to Boards and Commissions February 14, 1997 Page -4- 2 . Nominate Kathy Prochaska to the Park and Recreation Advisory Board and SPUC; nominate Lee Stoltzman to the Planning Commission and Board of Adjustment and Appeals; and nominate Bob Ziegler to the Community Access Corporation Board. 3. Determine number of citizens for the Board of Review (currently there are 3) . 3 . Conduct additional ballots as needed. 4 . Insert the names of the top vote getters into Resolution No. 4615. 5. Adopt Resolution No. 4615. 6. Designate Councilor (s) to serve on the Board of Review. h:judy\b&capp97 CITY OF SHAKOPEE Memorandum TO: Mayor and Council FROM: Mark McNeill, City Administrator SUBJECT: Recommendations -Boards and Commissions Appointments DATE: February 14, 1997 On February 12 and 13, 1997, Councilors Zorn and Link, and the City Administrator interviewed a total of thirteen people for considerations of various boards and commissions. Their recommendations are as follows: Planning Commission - Lee Stoltzman Park& Recreation Advisory Board - John Collins Kathy Prochaska Shakopee Public Utilities - David Thompson Police Civil Service Commission - Stan Von Bokern Board of Review - Brian.D. Call Eldon Reinke Cable Commission - Lisa Ell Bryan Freeman One Remaining Vacancy Cable Access Corporation - Lisa Hill Bryan Freeman Bob Ziegler One Remaining Vacancy Izoit\Aputft14 Mark McNeill. City Administrator MM:bjm Name: .G.� Sfi6 1 Q4) Address : 7/3 4-5- S t4 Sna 4orge e, ,.f - " 2 Phone: (H) C93/ (B) 47/45-- How long have you 1been a Shakopee Resident? 3 rs Occupation: `nj�h..es Does your work require you to travel? (Check one) A great deal Periodically ) Very Little / None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) iVti I ,t)4.. ..kt 4,4 • ctv Z —f r Y)` i aweet Tks 7 JLaI/ ig>d itrl4l , / 7-7e) c•/4e--e_l /z_ y 7i h., i Board or Commission in which you are interested? /r 4, ;,f f -3»'sni55ir✓d Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: sv7 b /77t. b-e 110 err [1 • 117fze v' Sat, wi.I //./„.// s ;e/j„1� / t Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No X If yes, please provide the details on a separate sheet of paper. Please lis thr e references (Name, A dress, Ph ne) : 1 . 44WIL Te/G h,/vim %A'f f�1c.vA�b• - d PW�Lv • r� tJit�� _ _ /iq7 STT 'J.e Yeo s3'� I Ntl, Gjh4.IC.►Stt� ✓N 6'S 3•r`! 2 . '0; ` . JO /v if( L, 'f Hs 7.4�o gu-s �E�ti'1oai ( 0wNpV.s, Cl1.tio\ue . r�L /4‘e...9 /sf �i/• shaOlf'e�'•g 3% 3 . 13 (A-Y'c4-e Rf - . Ju 5s - 4q(-a.41-0 A 497-- b39y- I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Cignacure -ted — 97 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ?"aclic_Sk • Name: plP Address etijki,L4Ate6 Phone: (H) 1."4, - ..30id (B) 7904'64 How long have you been a Shakopee Resident? 4'5/Ks. Occupation: CA( 0et., amt^ /! Does your work require you to travel? (Check one) A great deal Periodically V Very Little None Do you have any special interests or training which you feel a particular boar. or commission could use? (Use a separate sheet if necessary) - � . � w •A'� I - p� n ciAz. Ee->r.✓"dry��lit,. Xi,. n7 7 �.�Y ,z4,----n--.d. z. - G LrG�en 4;Lc - pie.A.,/"/ ,./iii 7 zez,(z.6,.,,L) Axi,,dr,,,, ,pzi,.cei.e.„ , i /.47 vzo „fri_c_ . ,- , o Board or Commission in which you are interested? i'.' ,2-e-1.4,L.- -=--1 __Ala --c.ca-0-4-c :"....., 0 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: .te2,1--e l t/ �i t " 1,1A, ,0-1,(41.-tz e2 t. //tGG 'lL-611C_ LW-06Z-7 he„e,tz•z-42--- U fly t - i....4_, „ii /Y./&Mt /lu-*/ 4-i^- d, t,y �� .i, < ..Conflict of interest „� ,_i � Brest?' is defined as the par icipation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect . In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No X . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . ,/Qir.&AL WA-u, - M 1! 2/6 A. &v.3- 6 19?- 7j9/7 29.emi 044 ...jezi,- d d,,, i „a,,,,,_z_. ._ yi'‘ -ocw.c-- 3 . ASki, -,/,,73 4>,e 7 2414,—.frici472-te— — .‘9 .–. —7-____o___- ' ji I hereby certify that the facts within the foregoing application are tru- and corr- t to the best of my knowledge. iii-4[ a.r -4,/(-- Signe. (-- Signe. .re /17/7 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RESOLUTION NO. 4615 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. is appointed to the Planning Commission and Board of Adjustments and Appeals for a four year term expiring February 28, 2001. 2. is appointed to the Board of Review for a three year term ending February 28, 2000. 3. Bryan Freeman is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission for a three year term expiring February 28, 2000. 4. Lisa Hill is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission to fill the unexpired term of Bill Anderson ending February 28, 1998. 5. Bob Ziegler is appointed to the Community Access Corporation Board of Directors for a three year term expiring February 28, 2000. 6. is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2000. 7. is appointed to the Police Civil Service Commission for a three year term expiring February 28, 2000. 8. and , are appointed to the Park & Recreation Advisory Board for three year terms expiring February 28, 2000. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota,held this 18th day of February, 1997. Mayor of the City of Shakopee ATTEST: City Clerk PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO JUDY BEFORE THE ROLL CALL ON FEBRUARY 18, 1997. THANKS. BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS FEBRUARY 18, 1997 Planning Commission Board of Adjustments and Appeals (vote for 1) Dave Nummer Sean Laughlin Lee Stoltzman Park and Recreation Advisory Board (vote for 2) John Collins Kathy Prochaska David Thompson Shakopee Public Utilities (vote for 1) John Engler David Thompson Kathy Prochaska Police Civil Service Commission (vote for 1) Stan Von Bokern David Thompson Kimberly Weckman Board of Review - This vote will be disregarded if Council decides to appoint two citizens and only one Councilmember. (vote for 1) Brian D. Call Eldon Reinke Councilor /fitg, Z ons 7AKU e_ 1ST BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS FEBRUARY 18, 1997 DuBois Henderson Link Sweeney Zorn Total Planning Commission Board of Adjustments&Appeals Dave Nummer "/ Sean Laughlin Lee Stolzman V ✓ '..--- 3 Park &Recreation Advisory Board John Collins '✓ y Kathy Prochaska ✓ ✓ ',--- V S( David Thompson Shakopee Public Utilities John Engler David Thompson ✓ ✓ Y Kathy Prochaska Police Civil Service Commission Stan Von Bokem 1,-- .. David Thompson Kimberly Weckman i✓ Board of Review Brian Call `� ✓ ' '✓ 7' Eldon Reinke I,- ►c./. ✓ 7' � ,Z b�v 1-1913L �. RESOLUTION NO. 4615 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. L e e. 57 N /z IAA is appointed to the Planning Commission and Board of Adjustments and Appeals for a four year term expiring February 28, 2001. Cuq02. / I No Z.LYON is appointed to the Board of Review for a three year term ending February 28, 2000. 3. Bryan Freeman is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission for a three year term expiring February 28, 2000. 4. Lisa Hill is appointed to the Community Access Corporation Board of Directors and Cable Communication Advisory Commission to fill the unexpired term of Bill Anderson ending February 28, 1998. 5. Bob Ziegler is appointed to the Community Access Corporation Board of Directors for a three year term expiring February 28, 2000. 6. AIL)/0 Th 0.4 3S 0 N is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2000. 7. Sfi9N L)A/d&tt'PA/ is appointed to the Police Civil Service Commission for a three year term expiring February 28, 2000. 8. So N ,/h4,S and ,/ii4 by 13o c44 s)(j. , are appointed to the Park & Recreation Advisory Board for three year terms expiring February 28, 2000. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this 18th day of February, 1997. • Mayor of the City of Shakopee ATTEST: City Clerk IF II .. �. CITY OF SHAKOPEE Memorandum TO: Mayor and Council �I _ • Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Transfers DATE: January 30, 1997 Introduction and Background Council is requested to approve of the interfund transfer from the General Fund to the Blocks 3&4 fund. This was discussed at the 1997 budget preparation time and the 1996 budget has been amended to include the transfer. The purpose is to reduce General Fund balance as of the end of 1996 and to provide up front the local contribution to the TIF district project in lieu of foregoing the reduction in LGA mandated by the state. Also, the transfer from the General Fund to the improvement debt service funds in lieu of the 1996/97 tax levy was discussed and included in the 1996 budget amendment . Action Move to approve of 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 . V Gregg oxland Finan e Director is\finance\schedule\96transA