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03/04/1997
TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting Tuesday, March 4, 1997 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Actions a.) Resolution Ratifying Actions b.) Discussion of meeting night for EDA c.) Consideration of EDA Secretary position d.) Direction to staff regarding Blocks 3 &4 Developers Agreement 4. Financial a.) Approval of Bills b.) Revenue Report 5. Other Business: 6. Adjourn edagenda.doc CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Mark McNeill, Executive Director SUBJECT: EDA Actions - March 4th Meeting DATE: February 28, 1997 The following is background information on items for the EDA March 4th agenda: 3.A. Ratification Resolution-The City Attorney recommends approving the attached resolution. 3.B. Discussion of meeting night- The EDA needs to determine when its regular meeting night will be. Currently, they are the second and fourth Wednesdays of the month. With the change in structure,the EDA may wish to have it the same night as City Council meetings, as had been done prior to February, 1996. By-laws call for the proposed changes of meetingnights to be set forth in writingnot less Y p p g than five days prior to it taking affect. That being the case, direction should be given by the EDA as to its preferred meeting night; written notice will then be provided for the next meeting. 3.C. EDA Secretary Position-If, based upon preceding action,the EDA and City Council will meet the same evenings, City Clerk Judy Cox would be the logical candidate to fill the EDA Secretary position. If separate nights are chosen, Economic Development Coordinator Paul Snook should be considered for the position. A resolution is attached. 3.I). Blocks 3 & 4 Developers Agreement-As a result of the February 26th EDA public hearing on Blocks 3 &4, EDA President Sweeney has suggested that it is time to start to put some of the obligations and provisions for Blocks 3 &4 into a developers agreement. This would be between the City, Scott County HRA and possibly the EDA. If appropriate the EDA should direct staff to begin preparation of a Blocks 3 & 4 developers agreement. Mark McNeill Executive Director MM:tw RESOLUTION NO. 9 7 "5/ OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION RATIFYING ACTIONS WHEREAS,the City Council of the City of Shakopee (the "City") created the Economic Development Authority for the City of Shakopee(the "EDA")by Resolution No. 4206 approved April 4, 1996 (the "Enabling Resolution"), in accordance with Minnesota Statutes, Sections 469.090 to 469.1081 (the "Act"); and WHEREAS,the City subsequently modified the Enabling Resolution on February 6, 1996 and February 25, 1997; and WHEREAS, pursuant to the Enabling Resolution as modified on February 25, 1997,the "Board") the EDA; commissioners (the of , City Council of the City is designated as the board of and WHEREAS, this Board desires to confirm and ratify certain actions taken by the EDA prior to February 25, 1997. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AS FOLLOWS: 1. All contracts entered into between the EDA and any other party, and all bonds, notes or other obligations issued by the EDA, prior to February 25, 1997 are hereby confirmed and ratified. 2_ The EDA confirms that it will take no actions to impair the security of any contracts executed by the FDA, or bonds, notes or other obligations issued by the EDA, before February 25, 1997. Approved by the board of commissioners of the Economic Development Authority for the City of Shakopee this day of , 1997. President ATTEST: Secretary Z/2 30Vd 0iE6LEE'Li9'0I N3IW?10 '8 AQ3NN3N°WO1d 60° 9I 46-LZ-833 3. C , RESOLUTION NO. 97-3 OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, ELECTING OFFICERS. WHEREAS,the Economic Development Authority for the City of Shakopee, Minnesota has been created; and WHEREAS, officers now need to be elected. NOW, THEREFORE,BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That in accordance with the Resolution creating the Economic Development Authority for the City of Shakopee, Minnesota, and the By-laws of the Economic Development Authority, the Board of Commissioners of the Economic Development Authority hereby elects the following individuals to the indicated offices: President: Robert Sweeney Vice President: Burl Zorn Secretary: Treasurer: Jane DuBois Assistant Treasurer: Gregg Voxland The terms of office of the President, Vice President, and the Treasurer shall expire on the date of the annual meeting of the Board in 1998. The terms of office of Secretary and Assistant Treasurer shall expire upon action by the Board to elect another person to fill the office or otherwise modify the term of that office. Passed in session of the Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1997. President Attest: Secretary LI , 2 , CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: February 20, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 02/07/97 to 02/20/97. Action Requested Move to approve bills in the amount of $1,184.64 for the EDA General Fund and $269, 961.12 for the Blocks 3&4 Fund. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H . . . . . . . . . . . C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w a U Co Lo in 0 0 0O o 0 0 0 Ln 0 10 Ln 0 LflM O N a' 0 In N O o O H O O M w O N l0 H 'Lc) In 01 a1 r r o In o Ln LC) M o o 01 0 ' • H O in M a' N r-I M Ln CO .i a' a. 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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: February 4, 1997 *7] Approve Bills in the Amount of$267,800.94 8] Communications *A] Barb Trowbridge regarding overnight at youth activities building 9] Public Hearings A] Proposed public improvements to Vierling Drive from CR-69 to Presidential Lane, Tayor Street from Vierling Drive to the north plat line of Arlington Ridge First Addition, and Polk Street from Vierling Drive to 13th Avenue, Project No. 1997-1 - Res. No. 4611 (ewny,`aaei1ilily. 1 fid,,,, US. L411D aynla, all) B] Request to vacate Lewis Street north of 1st Avenue between Blocks 3 and 4, Res. No. 4626 TENTATIVE AGENDA March 4, 1997 Page -2- 10] Old Business: A] Vacation of Fuller St. and Atwood St. between 4th Ave. and 5th Ave. - tabled 1/21 11] Recommendations from Boards and Commissions *A] Time extension to record the final plat of Market Place 2nd Addition *B] Shenandoah Place Planned Unit Development No. 10 located south of Eastway Ave. extended and west of Shenandoah Dr. extended - Ord. 469 C] Regulating Communications Towers - Ord. No. 479 12] General Business A] Park and Recreation 1. Tim's Lawn&Landscaping - Community Center B] Community Development C] Engineering *1. Accepting Work on 17th Avenue and Sarazin Street, Project 1996-1 -Res. No. 4625 2. Authorizing Feasibility Report for Valley Park 6th Storm Water Outlet-Res. 4628 3. Sanitary Sewer Extension -Fire Station 4. Authorize Advertisement for Public Works Maintenance Worker D] Police and Fire 1. Hiring of Patrolman 2. Towing Contract E] General Administration *1. Temporary Liquor License- Church of St. Mary's 2. Nominations and Appointments to Boards and Commissions -Res. No. 4627 *3. Parsons Brinckerhoff - Consulting Contract Extension 4. Deleted *5. Termination of Probationary Period -Park and Recreation Director *6. Shakopee Community Access Corporation By-Laws Amendments 7. Community Services Building Lease, 129 Levee Drive - Shakopee Jaycees 8. Scott Joint Prosecution Association Lease/Remodeling 13] Other Business 14] Adjourn to Tuesday, March 18, 1997 at 7:00 P.M. TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 4, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding Presentations of resolutions of appreciation to outgoing members on boards and commissions. 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: February 4, 1997 *7] Approve Bills in the Amount of$267,800.94 8] Communications *A] Barb Trowbridge regarding overnight at youth activities building 9] Public Hearings A] Proposed public improvements to Vierling Drive from CR-69 to Presidential Lane, Tayor Street from Vierling Drive to the north plat line of Arlington Ridge First Addition, and Polk Street from Vierling Drive to 13th Avenue, Project No. 1997-1 - Res. No. 4611 (03,07 G4 up041 from, YS. 4 artla,packet) B] Request to vacate Lewis Street north of 1st Avenue between Blocks 3 and 4, Res. No. 4626 TENTATIVE AGENDA March 4, 1997 Page -2- 10] Old Business: A] Vacation of Fuller St. and Atwood St. between 4th Ave. and 5th Ave. - tabled 1/21 11] Recommendations from Boards and Commissions *A] Time extension to record the final plat of Market Place 2nd Addition *B] Shenandoah Place Planned Unit Development No. 10 located south of Eastway Ave. extended and west of Shenandoah Dr. extended - Ord. 469 C] Regulating Communications Towers- Ord. No. 479 12] General Business A] Park and Recreation 1. Tim's Lawn&Landscaping- Community Center B] Community Development C] Engineering *1. Accepting Work on 17th Avenue and Sarazin Street, Project 1996-1 -Res. No. 4625 2. Authorizing Feasibility Report for Valley Park 6th Storm Water Outlet -Res. 4628 3. Sanitary Sewer Extension-Fire Station 4. Authorize Advertisement for Public Works Maintenance Worker D] Police and Fire 1. Hiring of Patrolman 2. Towing Contract E] General Administration *1. Temporary Liquor License - Church of St. Mary's 2. Nominations and Appointments to Boards and Commissions -Res. No. 4627 *3. Parsons Brinckerhoff - Consulting Contract Extension *4 Paul Bilotta- Consulting Contract for Network Support *5. Termination of Probationary Period -Park and Recreation Director *6. Shakopee Community Access Corporation By-Laws Amendments 7. Lease of City Building at 129 Levee Drive by Shakopee Jaycees 8. Scott Joint Prosecution Association Lease/Remodeling 13] Other Business 14] Adjourn to Tuesday, March 18, 1997 at 7:00 P.M. RESOLUTION NO. 4621 A RESOLUTION OF APPRECIATION TO BILL ANDERSON WHEREAS, Bill Anderson has served on the Cable Communication Advisory Commission from its inception in February, 1983 until February, 1997; and WHEREAS, Bill Anderson also served on the Community Access Corporation Board of Directors; and WHEREAS, Bill Anderson served on the Energy &Transportation Committee in early 1980's; and WHEREAS, Bill Anderson has unselfishly contributed many hours of service to the City of Shakopee while serving on the Cable Communication Advisory Commission, Community Access Corporation Board of Directors and the Energy and Transportation Committee. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Cable Communications Advisory Commission and Community Access Corporation Board of Directors and City staff that the Shakopee City Council does hereby extend to Bill Anderson the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of March, 1997. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4622 A RESOLUTION OF APPRECIATION TO LARRY MOONEN WHEREAS, Larry Moonen has served on the Cable Communication Advisory Commission from March, 1985 until the expiration of his fourth term in February, 1997; and WHEREAS, Larry Moonen also served on the Community Access Corporation Board of Directors; and WHEREAS, Larry Moonen has unselfishly contributed many hours of service to the City of Shakopee while serving on the Cable Communication Advisory Commission and on the Community Access Corporation Board of Directors. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Cable Communications Advisory Commission and Community Access Corporation Board of Directors and City staf that the Shakopee City Council does hereby extend to Larry Moonen the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of March, 1997. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4623 A RESOLUTION OF APPRECIATION TO PAULETTE RISLUND WHEREAS, Paulette Rislund has served on the Shakopee Community Recreation Board from February 1984 until mid 1990 when it was replaced by the Shakopee Park &Recreation Advisory Board; and WHEREAS, Paulette Rislund served on the Shakopee Park & Recreation Advisory Board from its inception in 1990 until the expiration of her third term on February 28, 1997; and WHEREAS, Paulette Rislund has unselfishly contributed many hours of service to the City of Shakopee while serving on the Shakopee Community Recreation Board and the Park & Recreation Advisory Board for a combined total of thirteen years. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Park & Recreation Advisory Board and City staff; that the Shakopee City Council does hereby extend to Paulette Rislund the deep appreciation of the City for her years of civic interest and dedicated service to the comms_pity. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of March, 1997. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4624 A RESOLUTION OF APPRECIATION TO ANNE SEIFERT WHEREAS, Anne Seifert has served on the Park & Recreation Advisory Board from February 1991 until the expiration of her second term on February 28, 1997; and WHEREAS, Anne Seifert has unselfishly contributed many hours of service to the City of Shakopee while serving on the Park & Recreation Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the residents of Shakopee and on behalf of the Park & Recreation Advisory Board and City staff, that the Shakopee City Council does hereby extend to Anne Seifert the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 4th day of March, 1997. Mayor of the City of Shakopee ATTEST: City Clerk SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 4, 1996 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; and Jim Thomson, City Attorney. Prior to commencement of the meeting, Mayor Henderson presented a plaque to Don Bisek for his years of service with the Shakopee Police Department. He also welcomed Lindsey TeBrake and Jeff Weckman from Sweeney Elementary who are studying leadership. 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 11E.1) Professional Assistance for Salary Study would be addressed after the executive session. Sweeney/Zorn moved to approve the agenda as modified. Motion carried unanimously. Zorn/Link moved to approve the consent items as presented. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on any item not on the agenda. There was no response. Zorn/Link moved to approve the Minutes of January 7, 1997. (Motion carried under Consent Agenda.) Zorn/Link moved to approve bills in the amount of$298,018.75. (Motion carried under Consent Agenda). Mayor Henderson explained that the Planning Commission has requested that the City delay consideration to restructure the E.D.A. until there is an opportunity to evaluate the impact. This request is based on a statement in Volume II of the Comprehensive Plan which reads "Build civic commitment and pride by maximizing opportunities for meaningful citizen involvement in the decision-making process." Sweeney/Zorn moved to receive and file the Planning Commission's request to delay considering restructuring the Economic Development Commission (E.D.A.). Motion carried unanimously. Official Proceedings of the February 4, 1997 Shakopee City Council Page -2- rs Mayor Henderson explained that before the Council can act on the reconsideration of the Stone Meadow Planned Unit Development, the rules on reconsideration must be suspended according to the "Roberts Rules Of Order." Zorn/DuBois moved to suspend the rules regarding the time period during which reconsideration of the Stone Meadow Planned Unit Development can be made. Motion carried unanimously. Zorn/Sweeney moved to reconsider the Stone Meadows Planned Unit Development (Ord. No. 473). Motion carried unanimously. Mark McNeill explained that if the developer does not develop Stone Meadow, a portion of Vierling Drive right-of-way would have to be obtained at a substantial cost. The City could possibly have to go to condemnation and $120,000 is anticipated as well as $85,000 in grading costs. He said that approximately 28 percent of this additional cost would come directly from City funds and would amount to approximately $57,000. In addition, there is already an assessment of $531,000 to be assessed to the Stone Meadow Addition (for the Vierling Drive improvement project). He said the proposed density would be able to support this but there is a question as to whether a single-family density would also support this. A discussion ensued regarding the Comprehensive Plan and how it will affect this parcel. Mr. Leek explained that due to a statute change the Comprehensive Plan takes precedence over zoning. However, the Met Council has stated that until the end of 1998 they will not enforce that change in the Metro area. Mayor Henderson asked if there was anyone present in the audience who wished to address the Council on this issue. Rick Murray, Residential Development, approached the podium and stated he would be available to answer any questions. Zorn/DuBois 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 carried 4-1 with Cncl. Link opposed. Mr. Leek explained that Mendota Homes is requesting that the City amend the Official Zoning Map to rezone one lot from Old Shakopee Residential (R-1C) to Medium Density Residential (R2). He said the Planning Commission has reviewed the request and recommends approval to rezone. Official Proceedings of the February 4, 1997 Shakopee City Council Page -3- Zorn/Sweeney offered Ordinance No. 476, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Located South of 3rd Avenue and East of Adams Street From Old Shakopee Residential (R-1C) Zone to Medium Density Residential (R2) Zone, and moved its adoption. Motion carried unanimously. Mr. Leek explained that Mendota Homes is requesting that the City amend the Official Zoning Map to rezone four lots from Highway Business (B-1) to Medium Density Residential (R2). He said the Planning Commission has reviewed the request and recommends approval to rezone. DuBois/Sweeney offered Ordinance No. 477, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City code Sec. 11.03 by Rezoning Land Located North of Bluff Avenue and Fast of Naumkeag Street from Highway Business (B1) Zone to Medium Density residential (R2) Zone, and moved its adoption. A discussion ensued regarding semi-truck over night parking along Bluff Avenue adjacent to the Super America station and possible complaints that may come before the Council due to the noise of idling diesel trucks. Sweeney/Zorn moved to table discussion on the rezoning of land located north of Bluff Avenue and Fast of Naumkeag Street until further information is obtained. Motion carried unanimously. Sweeney/Link moved to removed discussion of the Shenandoah Place Planned Unit Development (PUD) from the table. Motion carried unanimously. Mr. Leek reported that the applicant has submitted a revised development plan which included the addition of a twin home area, an increase in open space from 13.5 percent to 17.7 per cent of the project area, and a decrease in overall density from 5.087 to 5.063 dwelling units per acre. A discussion ensued as to whether this item should be referred back to the Planning Commission due to unmet Planning Commission recommendations at this time. Zorn/Sweeney moved to refer discussion of the Shenandoah Place Planned Unit Development (PUD) to the Planning Commission for further review, on the condition that there is an appropriate amount of time in order to allow the Council to take action within the statutory requirement. Tom Bisch, developer, approached the podium and expressed concern about being referred back to the Planning Commission. He said if he is to go before the Planning Commission again he would like clear direction from the Council as to what is right and/or wrong with the plan at this time. A discussion ensued relating to the 20 percent open space requirement and the sliding credit issue. There was no strong opposition to a 17.7 percent open space requirement from the Council. Official Proceedings of the February 4, 1997 Shakopee City Council Page -4- Mr. Bisch approved a time extension. Motion carried 4-1 with Cncl. DuBois opposed. Mr. Loney requested consideration create the street lead and park lead person positions in the Public Works Department and authorization to fill those positions. Mr. McNeill explained that he had corrected information regarding membership in the union. He said that unless it is a position that is primarily administration it would be difficult to have them removed from the union, therefore this should not be planned for and will impact the job pay in the resolution forthcoming at a future meeting. A discussion ensued relating to supervision and the level of service. Mark McQuillan, Park and Recreation Director, approached the podium and explained that the creation of these positions would create the same situation that existed two years ago in this department. A discussion ensued regarding qualification requirements, more specifically mathematical skills as they relate to normal expectations of a maintenance worker. There was a consensus to create the park lead and street lead person positions and that the job descriptions be re-written. A recess was taken at 8:11 P.M. The meeting re-convened at 8:25 P.M. Mr. Loney explained that the feasibility report was ordered by the City Council on July 2, 1996 for Vierling Drive, Taylor Street and Polk Street and the project was included in the 1996 Capital Improvement Program. The costs were estimated to be $1,165,400.28 for Vierling Drive improvements and $129,932.22 for Taylor Street and Polk Street improvements. The Stone Meadow property, the Arlington Ridge property, and the City of Shakopee and/or MnDOT excess right-of-way for the bypass property would be affected by the improvements. He said the intent of Resolution No. 4609 is to accept the feasibility report and set the public hearing date. He said a full presentation will be given at the March 4, 1997 meeting on the feasibility report. Mr. Loney asked the Council to consider a sidewalk along both sides of Vierling Drive. A previous Council decided to have a sidewalk on one side and a trail on one side. DuBois/Zorn offered Resolution No. 4609, A Resolution Receiving A Report and Calling a Hearing on an Improvement to Vierling Drive, from County Road 69 to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street from Vierling Drive to 13th Avenue, Project No. 1997-1 and moved its adoption. Motion carried unanimously. Official Proceedings of the February 4, 1997 Shakopee City Council Page -5- Sweeney/DuBois moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. for surveying services on the proposed 1997-1 Project. Motion carried unanimously. Sweeney/Link moved to authorize staff to solicit quotes for soil investigation work for the proposed 1997-1 Project. Motion carried unanimously. Mr. Loney explained that a mistake was made and the contractor, Westar Curb & Concrete, Inc., was under paid on Project No. 1994-3 (1994 Sidewalk Replacement Project) by $8,357.10. He requested that the Council authorize the additional payment. Zorn/DuBois moved to authorize the payment of$8,357.10 to Westar Curb & Concrete, Inc. for the 1994 Sidewalk Replacement Program, Project No. 1994-3, utilizing the Capital Improvement Fund. Motion carried unanimously. Mr. Loney explained that the Certificate of Completion for the County Road 16 Improvements Project No. 1994-11 shows the original contract amount of$1,079,143.80 and the actual final costs of$1,045,167.53 for the project. Cncl. DuBois stated she would be abstaining from discussion and voting on this issue. Sweeney/Link offered Resolution No. 4612, A Resolution Accepting Work on the County Road 16 Sanitary Sewer and Water Services, Between County Road 17 and County Road 83, Project No. 1994-11 and moved its adoption. Motion carried 4-0 with Cncl. DuBois abstaining. Zorn/Link moved to authorize the appropriate City officials to execute the Police Liaison and Educational Services Agreement between Independent School District No. 720 and the City of Shakopee. (Motion carried under Consent Agenda). Mark McQuillan, Parks and Recreation Director, approached the podium and explained that because the Scott Family Net will not be renewing their lease with the City of Shakopee for office space at the Shakopee Community Center, the Parks and Recreation Department would like to convert the existing Family Net office space into two separate offices to be occupied by the Director of Parks and Recreation and the Recreation Assistant. Greystone Construction has provided a budget estimate for the reconstruction which would amount to approximately $12, 600.00. Adc'.tional furniture would also be needed and would amount to $2,500.00. He requested approval and suggested that funding come from the Project Fund or the Recreation Enterprise Fund. A discussion ensued relating to reconstruction, the need for private office space, and additional furniture. Official Proceedings of the February 4, 1997 Shakopee City Council Page -6- A discussion regarding alternatives ensued. Sweeney/Zorn moved to direct staff to obtain quotes from qualified contractors to remodel the Family Net Offices in the Shakopee Community Center. Motion carried 4-1 with Cncl. Link opposed. DuBois/Sweeney moved to direct staff to bring back a financial statement within the next six weeks that would include the last twelve months of the Community Center. Motion carried unanimously. Zorn/Link offered Resolution No. 4595, A Resolution Setting the Public Hearing Date to Consider the Vacation of Right-of-way, and moved its adoption. (Lewis Street north of 1st Avenue) (Motion carried under Consent Agenda). Mr. Leek explained that when Market Place 2nd Addition was being platted, a portion of the alley that was platted with Market Place 1st Addition was viewed as no longer necessary and was vacated. However, this vacation is contingent on the recording of the filing of Market Place 2nd Addition. He said that a provision to retain a drainage and utility easement over the vacated property was apparently omitted in the Resolution and that the Resolution has been revised to include this. Zorn/DuBois offered Resolution No. 4603, A Resolution of the City of Shakopee Revising Resolution No. 4362, A Resolution of the City of Shakopee Vacating a Portion of an Alley, and moved its adoption. Motion carried unanimously. Zorn/Link offered Resolution No. 4613, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 4451, A Resolution Approving the Final Plat for Orchard Park 3rd Addition, and moved its adoption. (Motion carried under Consent Agenda). Zorn/Link moved to authorize the reduction of the letter of credit to $64,700.00 for Prairie Village 1st Addition, upon receipt of the one year maintenance bond for the utilities and street construction completed thus far. (Motion carried under Consent Agenda). Ms. Cox reported that a number of applications have been received for various boards and commissions that will be expiring on February 28, 1997. She said that it has been past practice that the Council nominate the applicants to the boards and commissions to which they have applied and asked Council to decide on the make up of the interviewing committee. Sweeney/Zorn moved to nominate the applicants to the boards and commissions to which they have applied. Motion carried unanimously. (Planning Commission/Board of Adjustment and Appeals - Dave Nummer and Sean Laughlin; Park and Recreation Advisory Board - John Collins and David Thompson; Shakopee Public Utilities Commission - John Engler and David Thompson; Police Civil Service Commission - Stan Von Bokern, Kimberly Weckman, and David Thompson; Cable Official Proceedings of the February 4, 1997 Shakopee City Council Page -7- Communications Advisory Commission - Bryan Freeman and Lisa Hill; Shakopee Community Access Corporation Board of Directors - Bryan Freeman and Lisa Hill; Board of Review - Brian Call and Eldon Reinke.) The interviewing committee will consist of Cncl. Link, Cncl. Zorn, and the City Administrator. Mr. McNeill requested that the Council adopt some proposed capital improvement policy guidelines, and further provide input on preparation of the upcoming Five Year Capital Improvements Plan. He suggested changes and said the major change would be the preparation of a separate project sheet that would show anticipated expenditures, funding sources, descriptions and if appropriate a location map for each project. He said that this would require additional staff time, particularly in Engineering and the Parks Department. A discussion ensued on also providing information, at the project sheet level, on the impact of a particular project on the General Levy and/or on the Debt Service Levy. There was a consensus to have a joint public meeting with the Council and the Planning Commission on the capital improvement plan. There was a consensus to implement the CIP Policy Guidelines and include a "project sheet" during the preparation of the Five Year Capital Improvements Plan as outlined in the memo from the City Administrator dated January 31, 1997. A recess was taken at 9:28 P.M. for an executive session to discuss labor negotiations and matters permitted under attorney-client privilege. The meeting re-convened at 10:18 P.M. No actions were taken during the executive session. Mr. McNeill explained that the existing pay plan has been modified several times over the past years and there appears to be some inequities and one union has requested that some of the issues be looked at. Inequities and the lack of understanding by the users should be looked at. He recommended an outside party review this to provide the greatest degree of fairness and objectivity. He said two organizations were contacted. One emphasizes a review of job evaluations, the other would analyze the existing pay plans and identify alternatives which would provide for a more understandable plan. There are 15 positions that department heads feel need to be evaluated. He suggested concentrating on getting the pay plan in order at this time and later examining inconsistencies. He expressed concern that if only 15 positions are examined that it may create hard feelings with others. It was noted that there is $20,000 in the budget and that when the 1st is done we could follow with the 2nd. Official Proceedings of the February 4, 1997 Shakopee City Council Page _8_ Mr. McNeill recommended hiring the firm of Fox Lawson & Associates. Sweeney/DuBois moved to direct staff to enter into a contract with Fox Lawson & Associates for pay equity assistance for an amount not to exceed$8,000. Motion carried unanimously. Sweeney/DuBois moved to adjourn to Thursday, February 6, 1997 at 5:00 P.M. Motion carried unanimously. The meeting adjourned at approximately 10:25 P.M. Qfrf"F th S. Cox City Clerk Esther TenEyck Recording Secretary CITY OF SHAKOPEE .Memorandum CONSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: February 27, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 02/27/97 . 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 $94, 233 .26 . Action Requested Move to approve the bills in the amount of $267, 800 . 94 . i o 4 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 02/27/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 2,831 8,836 10 12 CITY ADMINISTRATOR 249,980 11,750 19,529 8 13 CITY CLERK 166,720 12,446 20,907 13 15 FINANCE 322,780 18,230 36,223 11 16 LEGAL COUNSEL 217,320 4,888 6,451 3 17 COMMUNITY DEVELOPMENT 451,290 24,845 34,968 8 18 GENERAL GOVERNMENT BUILDINGS 146,940 10,881 15,143 10 31 POLICE 1,703,140 143,172 236,705 14 32 FIRE 448,990 20,749 36,172 8 33 INSPECTION-BLDG-PLMBG-HTG 245,070 17,747 29,901 12 41 ENGINEERING 425,780 26,081 44,339 10 42 STREET MAINTENANCE 781,860 43,727 98,185 13 44 SHOP 126,540 16,075 18,148 14 46 PARK MAINTENANCE 350,420 13,435 22,668 6 91 UNALLOCATED 622,630 603 69,128 11 TOTAL GENERAL FUND 6,348,870 367,461 697,303 11 17 COMMUNITY DEVELOPMENT 496,770 839 14,052 3 TOTAL TRANSIT 496,770 839 14,052 3 H ' 4. w a1 as a a 0. a a a a a a a a a a a a a a as aaa H H H H H H H H H H H H H H H H H H H H X a w 0m ax 0 z 0 z w U H 0O Cl Ln O H N Cla', d' Ln Ln LO LO LO 0 H M H N N N Ln N N N N N N N > M co M Cl Cl Cl t0 Cl Cl MM M M M Z U7 a' Lf1 in is) in U1 Ln Ln Ln is) in 00 UI Ln Ln Lf1 Ln U1 Ln H 0 O O N N N N N N O O O H O O O O 0 0 0 O l0 O Cl Cl Cl Cl Cl Cl O O O c1' O O O O O o 0 Cl N O H 00 M H 00 00 O O O O O O O O 0 0 0 F Cl N H 00 N 00 00 N N H H H U1 M M H H H H H Z a a' H Cl H H H H H H U1 M M Ln Cl M M M M M M A w d' N d' N N N N N N cM d d' C d' d' V'cN d'd' V O CO II I I 1 I I I II i I I I I I I I I I U 1X� N N 01 N N N N N N 01 01 in H H H H-1 H N H H O✓ H H M H H H H H H M Cl O N M 1.1) N H L-L--N a',Z Cl 01 d' 01 01 01 01 01 01 cr. cr LO H Cl N crt'Cl H H H O O 01 O O O O O O 01 01 w O O O O O 0 0 0 O 1 io Cr) Cn Cn Cn Cn Cn Cl) w Cr) Ci] Cil www Cr) Cra Z 0 a Cl) H Cn H w w HH HHH 0 A al w o as > U U >> >>> H < a 0 a a Z Z as a a a I a w w w al al www H H a X N X rn CCnn Cn mm mcnm V H ] H H aa aaa oaZ Cl) Mzzzzz w CLI w Z w KC H w 0 F 0 Z 00 000 A X H 4 co a F a H Z Cn Cn H H H H H w a1 00 0 LO a) H 07 Cl) w \ \ Cn Cn Cn Cn Cn z a < N O M 0 Cn /I Cl) X r-1 .7 C/n Cn Cn Cn Cn I > as ch r U 0 N t0 co N O d' ✓ 0 Cr.. 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E A w E E oa a a A Cs, Z Z LL H H Cs. °Z Z X E-' A A r1 D a w Co Z 0 0 A > a a Tr > 0 w Z 0 w A a Z E 0$ 0 H cn H Z Z Cl) >4 w w H H o: H 4 a 0 g4 a E Cl) -a Ln Z F a 0 H 4 E 4 H a 4 01 Cl) H Cl) 4 57 Kt Z E x Cr) E x E £ Crl w a Cl) 2 x H v' u to w H a s x w 4 a a o1 0 01 04Z 0 Cs. C) E w a 0 a a al a 01 H 4 E. w w Z C7 E Cs] a. C) H ow H Cs, CO cn a a H 0 Cs] Z H .1Ln o H N 01 0 H 0 0 0 0 0 O 0 H H N N Cl Cl d' V' H 01 C Ln co O H H d' C V' 1. V V' N N N N 0-- 4 a H Yk 3t 2t 3t 3t tt 3t 3t = 3t 3t 3t 3t tt U a z z z z z z z Z z z z z z z o a a a a a a a a a a a a a a O Cs. ac. C:. w Cc. G. w w a., Cx.. Cs. Cs. C:. k. • t. i, .�.,. T F, 19 . February 15, 1997 Dear Mark, I would like have an overnight with Brownie Girl Scout Troop 322 at the Youth Activities Building. We would like the overnight to begin at 6:30 p.m. on Friday, March 14 and we will be out of the building by 10:00 a.m. on Saturday, March 15. I have checked with Judy and the building is open on these dates. Please let me know if this will be OK. Thank you for your time. Sincerely, eaUb 1 ro GO6(1 ClgA Barb Trowbridge Recommended appr val by the Park and Recreation Director. Mark Mc uil n J MovaL to approve the request by the Brownie Girl Scout Troop 322 to access the Community Youth Building in Lions Park after normal hours for their overnight event. on March 15 , 1997 . ill 9. A. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from C.R. 69 to Presidential Lane, Project No. 1997-1 DATE: March 4, 1997 INTRODUCTION: Attached is Resolution No. 4611, a resolution ordering an improvement and the preparation of plans and specifications for Project No. 1997-1, Vierling Drive, from County Road (C.R.) 69 to Presidential Lane; Taylor Street, from Vierling Drive to the improved Taylor Street within the plat of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue. BACKGROUND: On February 4, 1997 the City Council adopted Resolution No. 4609, which received the feasibility report and called for a public hearing on the Vierling Drive Improvement Project No. 1997-1 and set the public hearing date for March 4, 1997. This project was included in the 1997 Capital Improvement Program and is now ready for Council consideration. Vierling Drive is a east - west local collector serving properties north of the newly constructed Highway 169 (Shakopee Bypass) and completion of this roadway will connect C.R. 69, normally T.H. 169 to C.R. 15. Most of the public right-of-way will be obtained through developer dedication and/or acquisition from the State through the excess right- of-way program. Staff will give a presentation on the feasibility report at the public hearing. STAFF WOULD REQUEST THAT COUNCIL BRING THEIR FEASIBILITY REPORT FROM THE FEBRUARY 4, 1997 COUNCIL PACKET TO THE MEETING. At the conclusion of public hearing, if the City Council determines that this project should be constructed, attached is Resolution No. 4611 which orders plans and specifications prepared for the project. ALTERNATIVES: 1. Adopt Resolution No. 4611, which orders plans and specifications prepared for this project, as recommended by the feasibly report and as amended by City Council. 2. Determine that this project should not be constructed and deny Resolution No. 4611. 3. Continue the public hearing for additional comments from the public. 4. Table Resolution No. 4611 for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4611, ordering the preparation of plans and specifications for Vierling Drive, from C.R. 69 to Presidential Lane; Taylor Street, from Vierling Drive to the improved Taylor Street within the plat of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue. ACTION REQUESTED: Offer Resolution No. 4611, A Resolution Ordering the Improvement and Plans and Specifications for Vierling Drive, from County Road 69 to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue, Project No. 1997-1 and move it adoption. *IV dt511-V Bruce Loney Public Works Director BL/pmp MEM4611 RESOLUTION NO. 4611 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Vierling Drive, From County Road 69 To Presidential Lane; Taylor Street, From Vierling Drive To The North Plat Line Of Arlington Ridge First Addition; And Polk Street, From Vierling Drive To 13th Avenue Project No. 1997-1 WHEREAS, Resolution No. 4609 adopted on February 4, 1997, fixed a date for Council hearing on the proposed improvement of Vierling Drive, from County Road 69 to Presidential Lane; Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition; and Polk Street, from Vierling Drive to 13th Avenue by street construction, bituminous paving, curb & gutter, sidewalk and/or bituminous trail, storm sewer, storm water ponding, sanitary sewer, watermain and all other appurtenant work; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 4th day of March, 1997, at which all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That the improvement is ordered as hereinafter described: Vierling Drive, from County Road 69 to Presidential Lane;Taylor Street, from Vierling Drive to the North Plat Line of Arlington Ridge First Addition;and Polk Street, from Vierling Drive to 13th Avenue by street construction,bituminous paving, curb&gutter, sidewalk and/or bituminous trail, storm sewer, storm water ponding, sanitary sewer,watermain and all other appurtenant work. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvements. 3. The work of this project is hereby designated as part of the 1997-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk 9G, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: February 25, 1997 Site Information: Applicant: City of Shakopee Economic Development Authority Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described right-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown into about 28,500 square feet of retail space and 52 market rate rental residences for persons 55 and older. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that there may be alleys which will also require vacation, and that a determination will need to be made as to what entity will pay for any required utilities relocation. • The Engineering Department has commented that there is an existing storm sewer pipe in the right-of-way, and that a drainage and utility easement should be retained for that pipe. • The Building Official has commented that Fire Department access roadways must be provided per the State Fire Code • The Shakopee Public Utilities Commission(SPUC)has commented that there is a public watermain in the right-of-way, and an easement should be maintained for it. • Minnegasco has asked that an easement be retained for a gas main located in the easement, or, in the alternative,that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained on the north to provide access to its underground cable and conduit. ALTERNATIVES: 1. Approve the vacation of the subject right-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on February 20, 1997, and recommended vacation unanimously. ACTION REQUESTED: Offer and approve Resolution No. 4626 vacating the subject right-of-way r R.Michael Leek Community Development Director RESOLUTION NO.4626 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE LEWIS STREET RIGHT-OF-WAY BETWEEN 1ST AVENUE EAST AND COUNTY ROAD 69 WHEREAS,right-of-way has been dedicated to Blocks 3 and 4, Shakopee gh Y adjacent P Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest;and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 4th day of March, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: the right-of-way for Lewis Street located adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101. 3. That the right-of-way described above is hereby vacated subject to the following condition; a) That the City reserve, however, to the City of Shakopee, its licensees and franchise holders, a perpetual drainage easement on, under, and over the vacated right-of- way for utilities, with the right to install, maintain, repair, lay and relay utilities by the City, its licensees and franchise holders. f 1. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 ! CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: February 13, 1997 Site Information: Applicant: County of Scott, Minnesota Current and Adjacent Zoning: B-3 (Central Business District); See attached zoning map INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described right-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown. The City Council will hold a public hearing on March 4, 1997, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that there may be alleys which will also require vacation, and that a determination will need to be made as to what entity will pay for any required utilities relocation. • The Engineering Department has commented that there is an existing storm sewer pipe in the right-of-way, and that a drainage and utility easement should be retained for that pipe. • The Building Official has commented that Fire Department access roadways must be provided per the State Fire Code • The Shakopee Public Utilities Commission(SPUC)has commented that there is a public watermain in the right-of-way, and an easement should be maintained for it. • Minnegasco has asked that an easement be retained for a gas main located in the easement, or, in the alternative, that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained on the north to provide access to its underground cable and conduit. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject rights-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Recommend to the City Council denial of the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. ACTION REQUESTED: Offer and pass a motion regarding the Commission's recommendation to the City Council relative to the vacation of the subject right-of-way. R. Michael Leek Community Development Director i:\commdev\boaa-pc\1997\feb2Opc\vaclewis.doc Ai\' " ..., .' .. ....„......„.. _ . . . . H .... . .... .7 . .0.,,,x ,.,, ,, _ •„.„ .d ..*444.... ,...„. . ....,....„.-.„,- ._ • ••.,...,...,_ . ....... . . . . . .., .. . . . .... . ss04 • • \.\), .. .:. .. • ,.\ ., :-., . G . ,. . •. . . : • . .. . • . . ,. . . - . . • . . ..,... .. . . . . , . . . ... ,..:: . . . _ ..; .. . .. .. . . , _ .... . . -..-.. •,„... • ,..: r . ' It %)it. .111001 ' . P- 1 AG .F R2 • 0t4 _ �IdiA It' • �lll 0►91��. t t� aUtil �I 1;;11 �pt11 r CT SITE ‘'iall,1 .A ' . }i!- �l — , .:1�t1 1�� ,� .a1Zt �'�" 11Oo1 ��a�a suB� �. "ill yr s illl. - -1m tii90 . „ a 94 1t11 t l ®` � �► WW1 211-11-1"41` ''1iZ i 1 ti�,�1t �i _ �' . � � III% 11111 ' • ISIS 10m 9'.m9 9W �, �Im0 �i:,- 101*. ' 3 ; /1213 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Rights-of-Way for Fuller and Atwood Streets between Fourth and Fifth Avenues DATE: February 26, 1997 ITEM NO. 10.A. INTRODUCTION: The City received a petition from Scott County for the vacation of the above-described rights- of-way. The request was first reviewed by the Planning Commission on January 9, 1997. The public hearing was held before the Council on January 21, 1997. The hearing was closed, and the request tabled in order to allow additional information to be developed. DISCUSSION: Since the public hearing, representatives of Scott County and the City have met with various members of the public who expressed opposition at the hearing. The County's position and desires are set forth in the letter dated February 21, 1997,from County Board Chair Ralph Malz to Mayor Henderson, a copy of which is attached hereto. Attached for the Council's information is a memo from the Shakopee Public Utilities Commission(SPUC)regarding the costs associated with the relocation of lines currently running along Fuller Street. Since there are substantial costs associated with the relocation of SPUC's lines, as well as possible costs associated with the designation of an alternate collector street route, it would be desirable to determine how those costs are to be paid prior to the actual vacation of the street. At its February 20, 1997, meeting,the Planning Commission unanimously voted to rescind its original motion recommending vacation of the subject rights-of-way. In reaching a decision regarding the request for vacation, under Minn.Stat. 412.851, the Council must find that the vacation(s)are"...in the interest of the public... ". In the event the VACFULLE.DOC Council does decide to vacate Fuller,the Council should also direct staff to initiate amendment of the City's Comprehensive Plan,which designates Fuller Street as a collector street. ALTERNATIVES: 1. Direct staff to resolve with the County and SPUC the costs of relocated the utilities in Fuller Street, and then to prepare the appropriate resolution for the vacation of the Fuller and Atwood Street rights-of-way as requested. 2. Direct staff to resolve with the County and SPUC the costs of relocated the utilities in Fuller Street, and then to prepare the appropriate resolution for the vacation of the Fuller Street right-of-way only. 3. Deny the request to vacate the subject rights-of-way. 4. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission rescinded its original recommendation of approval. ACTION REQUESTED: Offer and pass a motion giving specific direction to staff relative to the requested street vacations, utility relocations, and Comprehensive Plan Amendme t, if appropriate. 2 A...14- e-e...% R. Michael Leek Community Development Director VACFULLE.DOC • f CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development-Director—--_-- SUBJECT: Vacation of Rights-of-Way for Fuller and Atwood Streets between Fourth -1" and Fifth Avenues DATE: January 17, 1997 INTRODUCTION: The City has received a petition from Scott County for the vacation of the above-described rights-of-way. The Planning Commission reviewed the request at its meeting of January 9, 1997. Attached for the Council's information is a copy of staff report to the Planning Commission. ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way, and direct staff to prepare the appropriate resolution. 2. Deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission recommended alternative no. 1, approval. ACTION REQUESTED: Offer and pass a motion relative to the vacation of the rights-of-way, and direction to city staff to prepare the appropriate resolution. R Michael Leek Community Development Director VACSCOTr.DOC Iv CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Rights-of-Way for Fuller and Atwood Streets between Fourth A and Fifth Avenues DATE: January 2, 1997 Site Information: Applicant: County of Scott,Minnesota Current and Adjacent Zoning: See attached zoning map INTRODUCTION: The City has received a petition from Scott County for the vacation of the above-described rights-of-way. The City Council will hold a public hearing on January 21, 1997,to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject rights- of-way. Also attached is a copy of the County's resolution regarding the petition for vacation of these two rights-of-way. Other agencies and city departments have reviewed this application information. The Engineering Department has commented that the proposed vacation will have an impact on traffic flows in the area. This impact is the subject of WSB's traffic study. Vacation of Fuller will require the designation and development of an alternative North-South collector street. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject rights-of-way. 2. Recommend to the City Council to deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. ACTION REQUESTED: Offer and pass a motion regarding the Commission's recommendation to the City Council relative to the vacation of the rights-of-way. Z,./ -17 R. Michael Leek Community Development Director i s\commdev\boaa-pc\1997\janO2pc\vacscott.doc AG 1 i. ,.------: --.._._„. 'YI�yFV �. i� ; / ._ vas _ \ R! �\ q sM.u ooc ! .-- / \\�\ • \ - '' .. y 182 -` _ -�- _ ..l,l .. 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I __ -_ _ - _ —?r!codplain �,;str c+ , SCOTT COUNTY BOARD OF COMMISSIONERS ' X52 COURTHOUSE 109 7 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8100 RALPH T.MALZ,DISTRICT 1 Fax:(612)496-8180 DALLAS BOHNSACK,DISTRICT 2 ART BANNERMAN,DISTRICT 3 BARBARA MARSCHALL,DISTRICT 4 ED MACKIE,DISTRICT 5 February 21, 1997 Honorable Jeff Henderson Mayor, City of Shakopee 129 South Holmes Street Shakopee, MN 55379-1382 SUBJECT: Scott County Court House Campus: Street Vacation Dear Mayor Henderson: In December, 1996, Scott County filed an application with the City of Shakopee for the vacation of Fuller and Atwood Streets between Fourth and Fifth Avenues and an application for a Planned Unit Development(P.U.D.) of blocks 56, 57 and 58. This was based on a Scott County Masterplan Study filed with the City of Shakopee last fall. The Masterplan had been developed after several years of planning and discussion with the City of Shakopee. The City passed a resolution on February 6, 1996, supporting the campus concept, a P.U.D and vacation of streets; and pledged a variety of support to keep the Court House located in downtown Shakopee. The first step of the Masterplan is the construction of a new Justice Center to house all court- related facilities. A variety of designs were assessed in planning the placement of the Justice Center on the campus site. Designs that were explored included connected and separate new facilities and the closure of all streets within the future 5-block campus. After much review, consensus placed the Justice Center next to the existing building at grade level with a single, common entry. This design facilitates the County's desire to make both the new and existing building user-friendly with easy pedestrian access. Also, the single entry design provides an access that facilitates security now and in the future. This design necessitates the closing of Fuller Street. The need to maximize additional parking and to further insure the ability to connect future building development on this site spurs the request to close Atwood Street. The design of the campus complex requires the vacation of these two streets, and many comments were heard from citizens. The majority of the concerns revolve around the vacation of the streets along with a variety of other issues. The County and City met several times to discuss options and to compromise, and they also held a meeting with St. Mark's Parish to discuss the church's issues. Following these discussions, a number of changes were made to the original plan in conjunction with addressing other neighborhood concerns. An Equal Opportunity/Safety Aware Employer Mayor Jeff Henderson- Street Vacation February 21, 1997 - page 2 of 2 These compromises include: 1) canceling any changes to Fourth Street; 2) re-designating the collector street location from Scott Street to Fuller Street or possibly another street, 3)working to resolve on-street parking issues in neighborhoods, 4) working with St. Mark's Church to share the County's parking facilities and 5) continuing to address traffic access issues and to discuss the Atwood closing. The County has spent considerable time and effort reviewing alternative sites for locating the footprint of the new justice facility. The Scott County Justice Planning Committee(consisting of citizens, elected officials and staff) has indicated it is imperative that Fuller Street be vacated if we are to remain here. The use of skyways, tunnels, viaducts and alternative building placements have a negative effect on the goals of the campus - public access, safety, security and user friendliness. Therefore, we are pursuing our request to vacate Fuller Street. In regard to Atwood Street, the County will need this street temporarily closed during demolition and construction of the new Justice Center facility as a matter of public safety. The County understands the concerns of St. Mark's Church regarding access. As a means to reach an accommodation and in the spirit of cooperation, the County will grant permission to church parishioners to use the County's parking lot immediately. It is important to note that at some point in the future, the parking pressures and space constraints will necessitate the eventual closing of Atwood, as clearly specified in the P.U.D. application. The County is desirous to move forward with this project as soon as possible, and we are requesting Planning Commission and City Council action at this time to assist the County in accomplishing the goals set forth in the Masterplan. Thank you. Sincerely, Ralph Malz, Chairman Scott County Commissioner /dko C: Art Bannerman,County Commissioner Dallas Bolmsack,County Commissioner Ed Mackie,County Commissioner Barbara Marschall,County Commissioner Gary L.Cunningham,County Administrator Gregg Davies,Project Manager SCOTT COUNTY T F� BOARD OF COMMISSIONERS COURTHOUSE 109 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8100 RALPH T.MALZ,DISTRICT I Fax: (612)496-8180 DALLAS BOHNSACK,DISTRICT 2 ART BANNERMAN,DISTRICT 3 BARBARA MARSCHALL,DISTRICT 4 ED MACKIE,DISTRICT 5 February 21, 1997 Honorable Jeff Henderson Mayor, City of Shakopee 129 South Holmes Street Shakopee, MN 55379-1382 SUBJECT: Scott County Court House Campus: Street Vacation Dear Mayor Henderson: In December, 1996, Scott County filed an application with the City of Shakopee for the vacation of Fuller and Atwood Streets between Fourth and Fifth Avenues and an application for a Planned Unit Development (P.U.D.) of blocks 56, 57 and 58. This was based on a Scott County Masterplan Study filed with the City of Shakopee last fall. The Masterplan had been developed after several years of planning and discussion with the City of Shakopee. The City passed a resolution on February 6, 1996, supporting the campus concept, a P.U.D and vacation of streets; and pledged a variety of support to keep the Court House located in downtown Shakopee. The first step of the Masterplan is the construction of a new Justice Center to house all court- related facilities. A variety of designs were assessed in planning the placement of the Justice Center on the campus site. Designs that were explored included connected and separate new facilities and the closure of all streets within the future 5-block campus. After much review, consensus placed the Justice Center next to the existing building at grade level with a single, common entry. This design facilitates the County's desire to make both the new and existing building user-friendly with easy pedestrian access. Also, the single entry design provides an access that facilitates security now and in the future. This design necessitates the closing of Fuller Street. The need to maximize additional parking and to further insure the ability to connect future building development on this site spurs the request to close Atwood Street. The design of the campus complex requires the vacation of these two streets, and many comments were heard from citizens. The majority of the concerns revolve around the vacation of the streets along with a variety of other issues. The County and City met several times to discuss options and to compromise, and they also held a meeting with St. Mark's Parish to discuss the church's issues. Following these discussions, a number of changes were made to the original plan in conjunction with addressing other neighborhood concerns. An Equal Opportunity/Safety Aware Employer BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA _ Date December 10, 1996 Resolution No. 96153 Motion by Commissioner Bannerman Seconded by Commissioner Mackie RESOLUTION 96153: PETITION TO THE CITY COUNCIL OF THE CITY OF SHAKOPEE TO VACATE FULLER AND ATWOOD�STREETS BETWEEN 4TH AVENUE AND 5TH AVENUE FOR CONSTRUCTION OF THE NEW SCOTT COUNTY JUSTICE CENTER WHEREAS, Scott County is in the process establishng a"Courthouse Campus" in the City of Shakopee to initially include Court House Square and Blocks 57 and 58 of the original plat of"Shakapee City"; and WHEREAS, Scott County is in the process of acquiring Block 58 and the westerly portion of Block 57 of the original plat of "Shakapee City"from the St. Francis Regional Medical Center and is proceeding with the design and construction of a new Justice Center on the Courthouse Campus; and WHEREAS, establishment of the Courthouse Campus requires that the City of Shakopee vacate Fuller Street between Block 57 and the Court House Square, and Atwood Street between • Block 57 and Block 58, as shown on the original plat of "Shakapee City"; and WHEREAS, the City Council of the City of Shakopee,in Resolution No. 4386, has approved the concept of the Courthouse Campus and agreed to assist Scott County with its establishment, including, among other things, vacating streets as necessary;.and WHEREAS, Scott County and the St. Francis Regional Medical Center are the owners of all the property abutting Fuller Street between Block 57 and the Court House Square, and Atwood Street between Block 57 and Block 58, as shown on the original plat of "Shakapee City", and St. Francis Regional Medical Center has agreed to join Scott County in the petition to vacate the streets. BOA-,RD OF COUNTY COMMISSIC.,lERS SCOTT COUNTY, MINNESOTA Date December 10. 1996 Resolution No. 96153 Motion by Commissioner Bannerman Seconded by Commissioner Mackie NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners in and for the County of Scott, Minnesota, as follows: 1. Scott County petitions the City Council of the City of Shakopee to vacate Fuller Street between Block 57end the Court House Square, and Atwood Street between Block 57 and Block 58, as shown on the original plat of "Shakapee City", being those portions of Fuller and Atwood Streets lying between Fourth Avenue and Fifth Avenue. 2. Scott County requests expeditious action on this petition to accommodate initiation of construction of the new Justice Center in April 1997. YES NO Malz x Malz Behm x Behm Bannerman x Bannerman Underferth x Underferth Mackie x Mackie State of Minnesota) County of Scott ) I, Gary L. Cunningham, duly appointed qualified and acting County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their session held on the loth day of December , 1996, now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota, this 10th day of December. 1996. r •. County Admini rator By Administrator's Designee CITY OF SHAKOPEE 114111 PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE SHAKOPEE,MINNESOTA 55379 612-445-1988 MEMO TO: Bruce Loney,City Engineer FROM: Joe Adams, SPUC Administrative Assistant 91 RE: FULLER STREET UTILITY RELOCATION DATE: 2/18/97 As requested,we have studied the ramifications the vacation of Fuller Street will have on our existing facilities and offer the following information. At present,we have no water main in Fuller Street between Fourth and Fifth Avenues. However,there are two overhead electric power distribution circuits that are on the 60 foot pole line running on the west side of Fuller Street. One of these circuits is energized at 4.16 KV,designation circuit #5,and the other is energized at 12.47 KV,designation circuit#9. Circuit 45 is part of the older distribution system that we have been converting over to 12.47 KV. The 4.16 KV system serves the older parts of town and most loads on this particular circuit, south of the Scott County Courthouse,have already been converted except for the Shakopee Senior High School. The Senior High has to do some conversion work of their own,inside their building,before we could switch them over to be fed from the 12.47 KV system. As we understand it,the Shakopee School District does not want to do this work until they complete the expansion plans for the Senior High. So,circuit#5 must be re-routed,along with circuit #9,if the street vacation is approved. Circuit#9 is one of the main feeds out of the Shakopee Substation,which is located near Rahr Malting. It primarily serves loads south of the Scott County Courthouse,in addition to the Courthouse itself. There is an underground feed from one of the poles between Fourth and Fifth Avenues under Fuller Street to a transformer located on the west side of the Courthouse building. This feed will have to be abandoned. Preliminary plans for the new feed to the Scott County Justice Center are to remove the existing transformer and install a larger one at a point south of the connection between the existing Courthouse building and the new Justice Center. This will likely be fed from a The Heart Of Progress Valley in an underground cable and more expensive to repair. It is not possible to totally protect the underground portion of an electric power distribution line without limiting the current carrying capacity of the overall circuit. Consequently,the reliability of the overall system is compromised whenever we have to underground small segments of primarily overhead circuits. In all three options,we would have to remove approximately two blocks of overhead construction. This would involve terminating the two circuits at both ends of the project. Multiple down guys and anchors would have to installed to hold the remaining poles. The estimated cost of removal and termination is $10,000. All costs are rough estimates. They are based upon our experience with the downtown alleys undergrounding project and recent overhead construction projects. The order of magnitude should be fairly accurate. That is to say,option#2 will cost twice as much as option#1 and option#3 will cost twice as much as option#2. Cost savings would occur if the Shakopee School District would accelerate their conversion work so that circuit#5 would not have to be re-routed. The estimated cost savings for each option might be on the order of$10,000 for option#1, $25,000 for option #2,and$50,000 for option#3. I have attached a small sketch depicting the three options for relocating approximately two blocks of the existing overhead circuits along Fuller Street. Please call me with any questions concerning this information. pole on Fuller Street located south of Fifth Avenue. Again,it can be seen that circuit#9 must be re-routed if Fuller Street is vacated. We looked at three options to accomplish the relocation. The first two involve undergrounding the circuits. The third involves reconstructing other existing overhead circuits. Option#1:the shortest route would be down Fuller Street,from between Third and Fourth Avenues to between Fifth and Sixth Avenues. This assumes that although the Fuller Street right-of way is vacated,an utilities easement is retained and the new construction does not include building over the easement. The estimated cost of construction for option#1 is $50,000 for six underground cables installed in a six conduit, concrete encased duct bank, installed a minimum of 36 inches deep,in a ten foot wide easement for a distance of approximately two blocks. This assumes no rock excavation and no restoration of sidewalks or street pavement. Option#2: if the first route is unavailable and it is necessary to relocate the circuits around the Scott County campus,the proposed underground route would be east from Fuller Street to Holmes Street, south on Holmes Street and then west back to Fuller Street. The estimated cost of construction for option#2 is $100,000 for the same type of installation as option#1,except for a distance of approximately four blocks. Option#3: to accomplish the relocation utilizing overhead construction we had to expand the area of consideration beyond the immediate blocks surrounding the Scott County campus. Overhead construction along the same path as option#2 is considered unworkable since it would require removal of mature trees and imposition of power poles and overhead wires where there are none at present. Rather,we looked at where we already have overhead construction of 4.16 KV and 12.47 KV single-phase and three- phase lateral circuits that could be rebuilt and upgraded for double circuit three-phase construction. The proposed route would be south on Scott Street from First Avenue to the alley between Second and Third Avenues, west to Apgar Street,south to the either the alley between Fifth and Sixth Avenues or the alley between Sixth and Seventh Avenues,then east back to Fuller Street. The estimated cost of construction for option#3 is $200,000 for a new overhead double circuit three-phase electric power distribution line for a distance of approximately 9 blocks. From Shakopee Public Utilities point of view,we would prefer to replace a segment of overhead line with another overhead line,rather than simply underground a few blocks in the middle of a line that extends for several miles. Underground construction is more expensive than overhead construction on a per foot basis. A fault is more difficult to locate • 1( __ . •72i'.4._7-- 1/4091 7737.ti 7 .-- C . 10 4,),;.-;",,4V /5 \\ (, . 477Zii.:7" \ C-izz'T - 5 ,f3P477011 I )// p/ I r.7: , \ , il g,161al, ,/ ..t.i i \ , i . f A,k'' I -- 1 I I (94;• ' id 10-0 — • • 1 l •C. I.. [ - :7....•...,..a gel“,7i /9 Pk erk 3-i7A1 811( ,L14, ,-,-L; , C: I , am IJ17;' iN.:'74.vedat) ( 744\-7---741,---e„,a-e_T — — — 614 .47 /Zetr• ; ;''''. ‘. ,;;... ./4/434e.te.5 U's \- : \- 7..; j:";.e',-•r./: C-k-4: (/2, /7-24*-a V(;, LLI) ic/, COL;71 --- ' ,II I-/// 14--Tcl• s I; 11' . , - : ,- 4-,<H, I , , , , ; , / ,c.‘,Ii ,-, iz 1 . '-/' /2,-..7, c::-.L.7-. /t4g--/2 ,,,,e(e i>7(rec- . : i 5---7l'4 6/4/717/e,„14,-e,..< i • ..//.,-/4. -, , ,, . ,,, • ...-,-,--1„. ,, I, / , ,,• • -,J -;: , .•,NJ ,.-. , / • /,..-,,,, •-•., .4 / 7 r.1 /0. - ST. MARK'S PARISH PASTORAL COUNCIL RESOLUTIONS APPROVED on Feb. 25, 1997 Resolution # 1. On Keeping Scott County Couthouse nearby. Since St. Mark's Parish has been honored and the City of Shakopee has benefited from having the Scott County Courthouse as a neighbor for over a century, St. Mark's Parish strongly encourages its continued presence in the blocks nearby our church. Resolution #2. On County's expanding need for parking. Realizing the large number of parking places that the expanding Scott County Offices will require for its employees and its citizens,St. Mark's parish pledges to negotiate with Scott County to make available as many of our parking areas as possible to the county—without interfering with our own parish responsibilities. Resolution #3. Concerning Closure of Atwood Street Since closure of Atwood Street would: a) increase traffic on Scott Street and increase danger to both SACS and SARE students. b) be an access barrier inconveniencing and discouraging many parishioners coming from the south and southeast. c) be a further hurdle to our elderly and handicapped parishioners by forcing them to go around the whole block to reach the handicapped parking on the south side of the church, St. Mark Parish Pastoral Council strongly opposes the closure of Atwood Street except for short periods of time required for street maintenance and utility connections, and asks the Shakopee City Council to disallow the closure of Atwood Street for any extended period of time. Resolution #4. Concerning Closure of Fuller Street St. Mark's Parish Council recognizes: Many tax dollars were spent to develop Fuller Street as a feeder street; Rerouting Fuller Street around the new county complex would reduce the effectiveness of Fuller Street as a feeder street, The County has not satisfactorily shown that the design is really user-friendly and that the design benefits of the proposed united facility would adequately compensate citizens for inconveniences caused by the rerouting of Fuller Street, Consequently,St. Mark's Parish, seeking the"greater common good"for all citizens, especially its neighbors,opposes the closure of Fuller Street until such time as Scott County is able to show to the satisfaction of the Shakopee City Council that the overall projected benefits of their proposed design exceeds overall recognized costs and inconveniences. Resolution #5. On Continued Dialogue and Mutual Support St. Mark's Parish wishes to express appreciation to the city and county for the good faith shown in discussions and in working with St. Mark's Parish on concerns expressed,and we hope all parties will continue to do so in the future. On our part,St. Mark's pledges to continue to assist, in whatever ways are fitting to our role in this community, in the development of future projects in Scott County and the City of Shakopee for the mutual benefit of all. l c /y/9 7 C /O, A MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Utility Relocation Costs with Fuller Street and Atwood Street Vacations DATE: March 4, 1997 With the proposed Fuller Street and Atwood Street vacation proposals from Scott County, utility relocation is necessary on Fuller Street for the overhead power lines and Minnegasco gas line. Resolution No. 4386 on item No. 9 states that the City will fund utility relocation for the County Campus project. With the closure of Fuller Street and the the buildings connected, the existing overhead power lines must be relocated. This particular power line is a major distribution line in which SPUC is estimating the cost of relocation to be approximately $100,000.00 on a new alignment around the County Campus. Relocating the power lines to existing poles from the SPUC substation to around the County Campus would be approximately $200,000.00. A strict interpretation of resolution and condition No. 9 is that the City pays for this utility relocation. Also the gas line in Fuller Street would need to be relocated and this cost is estimated to be $30,000.00 and could be considered a City cost per a strict interpretation of the resolution. A summary of utility relocation costs would be as follows: Option No. 1: Overhead Power Line Relocation on New Alignment - $100,000.00 (4th Avenue to Holmes Street to 5th Avenue) Minnegasco Line Relocation- $ 30,000.00 TOTAL UTILITY RELOCATION COSTS $130,000.00 Option No. 2: Overhead Power Line Relocation on existing power poles - $200,000.00 (From 1st Avenue Substation to around County Campus) Minnegasco Line Relocation- $ 30,000.00 TOTAL UTILITY RELOCATION COSTS $230,000.00 The public objection may be quite high with Option No. 1 which relocates the overhead power lines on a new alignment and would place overhead power lines in an area where no power lines exist. Option No. 2 would install the overhead power lines on existing poles, however, the relocation costs are doubled due to the longer length of installing new lines back to the substation on 1st Avenue. If there are any questions in regard to this memorandum, please feel free to contact me in my office. Bruce Loney Public Works Director BL/pmp FULLUTL CONSENT CITY OF SHAKOPEE I I. 4. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Request for Time Extension to Record the Final Plat for Market Place 2nd Addition DATE: March 4, 1997 INTRODUCTION The City has received a request from Klingelhutz Construction Co. (Please see Exhibit A)to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. BACKGROUND On September 17, 1996,the City Council approved the Final Plat for Market Place 2nd Addition. City Code Section 12.03, Subd. 4.F states, If the plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Register of Titles". The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Final Plat itself The applicant has noted (please see Exhibit A) that signatures from homeowners and their mortgage companies are needed prior to the recording of the Final Plat and is requesting the time extension to allow the time necessary to obtain these signatures. ALTERNATIVES 1. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Market Place 2nd Addition by an additional 120 days. 2. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Market Place 2nd Addition by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Market Place 2nd Addition, and require the developer to resubmit the plat for approval by the City. TN32NO3 STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion granting the developer of Market Place 2nd Addition an additional 120 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. lie Klima Planner II i:\corm►dev\cc\1997\cc0304\exinktp12.doc EXHIBIT A RECEIVED FEB 1 9 1991 KLINGEHUT1 CONSTRUCTION February 18, 1997 Julie Klima City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Market Place 2nd Addition Final Plat Dear Julie, The intent of this letter is to request a 120 day extension on filing the Market Place, 2nd Addition Plat. Due to the number of existing homeowners and their mortgage company's which need to sign the final plat, a 120 day extension is requested. Thank you and the City of Shakopee for your on going help and patience on this plat. Should you have any questions or concerns, please call me at 448-3330. Sincerely, Tom Griep 350 EAST HIGHWAY 212 CHASKA, MN 55318 612 / 448.3750 coNsefr CITY OF SHAKOPEE 8. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Shenandoah Place Planned Unit Development DATE: March 4, 1997 DISCUSSION: Heritage Development has submitted an application for approval of Shenandoah Place Planned Unit Development (PUD). The subject site is located south of Eastway Avenue extended and west of Shenandoah Drive, and is zoned Urban Residential (R-1B). The PUD would contain single family and multi-family dwellings. The total site area is 39.9 acres. A copy of the February 20, 1997, memoranda to the Planning Commission has been attached for your reference. At this meeting,the Planning Commission recommended approval of the PUD to the City Council, subject to the conditions outlined in the memo to the Planning Commission,with the exception of Condition No. 3 (Open Space). The Planning Commission is recommending approval of the PUD subject to providing 17.54%of the subject site as open space rather than the 20%that is required by the Zoning Ordinance. ALTERNATIVES: 1. Approve Shenandoah Place Planned Unit Development, subject to conditions. 2. Approve Shenandoah Place Planned Unit Development, subject to revised conditions. 3. Do not approve Shenandoah Place Planned Unit Development. 4. Table action on this item, and request additional information from staff and/or the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended the approval of Shenandoah Place Planned Unit Development, subject to conditions(Alternative No. 1). ACTION REQUESTED: Offer Ordinance No. 469, and move its approval. agitttiftk/- Julie Klima i:\commdev\cc\1997\cc0304\pudshpl.doc Planner II 1 ORDINANCE NO. 469 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 SOUTH OF EASTWAY AVENUE EXTENDED AND WEST OF SHENANDOAH DRIVE, FROM URBAN RESIDENTIAL (R-1B) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 10. WHEREAS, the owner of the land described on Exhibit A, commonly known as the property south of Eastway Avenue extended and west of Shenandoah Drive, has submitted an application requesting rezoning from Urban Residential (R-1B) to Planned Unit Development Overlay Zone No. 10; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, 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 request to the City Council. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, commonly known as the property south of Eastway Avenue extended and west of Shenandoah Drive, from Urban Residential (R- 1B) to Planned Unit Development Overlay Zone No. 10. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; Section 3 - The following procedural actions must be taken: 1. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 2. Building permits shall not be issued for areas abutting Eastway Avenue until such time as Eastway Avenue has been constructed. 3. ; The Planned Unit Development shall provide a minimum of 17.54% of the land area(7.0 acres) for open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. The following uses are allowed in the following areas per the Planned Unit Development Plan: 2 • Single family and twin home residential uses are allowed on the portion of the site that is north of the drainage way. This area is limited to a maximum gross density of 2.88 dwelling units per acre. • Townhome use is allowed on the portion of the site that is south of the drainage way. This area is limited to a maximum gross density of 7.01 dwelling units per acre. 5. As a part of the preliminary plat application submittals, the applicant is required to submit a stormwater management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 6. The following criteria will be used for the final Private Street/Driveway layout and design: • Private driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long then a turn-around is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet in width with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Will not be turned over to the City in the future. • Private Street Jogs. Private street jogs (intersections less than 150 feet) are not allowed. 7. A wetland delineation will be required for this site. If there are not wetland impacts, the applicant will be required to submit an application for an exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval, per the Wetland Conservation Act requirements. 8. The applicant shall revise the landscape plan to meet the requirements of the City Code. For this development, the City Code would require a minimum of 203 trees and 202 shrubs as landscaping units. These landscaping units shall meet the minimum sizes required in Section 11.60, Subd. 8.0 of the City Code. 9. The off-street parking areas shall meet the requirements of Section 11.61 of the City Code. 10. A development agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. Section 4 -Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. 3 Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. 4 EXHIBIT A The Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. 5 W � CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Shenandoah Place Planned Unit Development (PUD) DATE: February 20, 1996 SITE INFORMATION Applicant: Heritage Development Location: South of Eastway Avenue extended and west of Shenandoah Drive Current Zoning: Urban Residential (R-1B) Adjacent Zoning: North Urban Residential (R-1B) South Light Industrial (I-1) East Major Recreation (MR) West Urban Residential (R-1B) Light Industrial (I-1) INTRODUCTION Heritage Development has submitted an application for approval of Shenandoah Place Planned Unit Development (PUD). The subject site is located south of Eastway Avenue extended and west of Shenandoah Drive, and is zoned Urban Residential (R-1B) (Please see Exhibit A). BACKGROUND The Planning Commission has reviewed this item at several of its meetings. At the December 5, 1996, meeting the Commission recommended approval of the development to the City Council, subject to conditions. The proposed development was then reviewed by the City Council at its January 7, 1997, meeting. At this meeting the City Council directed the applicant to bring back to the City Council a revised proposed development plan. On February 4, 1997, the applicant was before the City Council to present a revised development plan. At this meeting, the City Council directed the applicant to present the revised drawing to the Planning Commission in order to receive a recommendation from the Commission. The revised drawing has been attached as Exhibit B. Please refer to the memorandum to the Planning Commission dated December 5, 1996, for any further background information on this item. CONSIDERATIONS The following considerations have been drafted to reflect comments on the revised drawing attached as Exhibit B. 1. The proposed planned unit development would contain a mixture of single family residences, twin homes, and townhomes on approximately 39.9 acres, for a gross density of 5.063 dwelling units per acre. 2. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is "to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". 3. The draft 1995 Comprehensive Plan has designated this area for single family residential development. 4. The subject site is 39.9 acres in size. The developer is proposing the following uses within the proposed development: a) 32 single family residential lots b) 22 twin home units c) 148 townhome units d) Open space area. A PUD is required to provide 20% of the land area as open space. Open space is common area that can be accessed and utilized by all residents within the development. Open space shall not include any impervious surface (such as ponding or drainage areas). With the revised drawing, the applicant is proposing 17.7% of the site as open space (Exhibit B identifies the areas utilized for open space calculations). The staff recommendation includes a condition requiring 20% of the site as open space. If the Planning Commission wishes to recommend approval of the PUD, as proposed, Condition No. 3 must be amended. 5. The applicant has not requested any variances to the Zoning Ordinance for this development. 6. The Building Official has commented that sewer, water, and building requirements may vary depending upon the townhome or condominium classification. 7. Pending assessments exist for this site. 8. Park dedication information for this development will be addressed at the Preliminary Plat review stage. 9. The Engineering Department has reviewed the proposal and has provided comments. For your reference, these comments can be found in the September 5, 1996, staff memo. Staff has incorporated these comments into the conditions of approval. Because some of the necessary revisions may require revisions to the plat, the specific design attached may need to be amended slightly. 10. The applicant has submitted a landscape plan for this development. Upon further review of the landscape plan, the applicant must revise it in order to meet the requirements of the City Code. A condition regarding this issue has been added to the conditions of approval. STAFF RECOMMENDATION Staff recommends approval of Shenandoah Place Planned Unit Development, subject to the following conditions: 1. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeow iers Association, in a form approved by the City Attorney. 2. Building permits shall not be issued for areas abutting Eastway Avenue until such time as Eastway Avenue has been constructed. 3. The Planned Unit Development shall provide a minimum of twenty (20) percent of the land area for open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. The following uses are allowed in the following areas per the Planned Unit Development Plan: • Single family and twin home residential uses are allowed on the portion of the site that is north of the drainage way. This area is limited to a maximum gross density of 2.88 dwelling units per acre. • Townhome use is allowed on the portion of the site that is south of the drainage way. This area is limited to a maximum gross density of 7.01 dwelling units per acre. 5. As a part of the preliminary plat application submittals, the applicant is required to submit a stormwater management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 6. The following criteria will be used for the final Private Street/Driveway layout and design: • Private driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long then a turn-around is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with parking on one side or 32 feet in width with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Will not be turned over to the City in the future. • Private Street Jogs. Private street jogs (intersections less than 150 feet) are not allowed. 7. A wetland delineation will be required for this site. If there are not wetland impacts, the applicant will be required to submit an application for an exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval, per the Wetland Conservation Act requirements. 8. The applicant shall revise the landscape plan to meet the requirements of the City Code. For this development, the City Code would require a minimum of 203 trees and 202 shrubs as landscaping units. These landscaping units shall meet the minimum sizes required in Section 11.60, Subd. 8.0 of the City Code. 9. The off-street parking areas shall meet the requirements of Section 11.61 of the City Code. ALTERNATIVES 1. Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Shenandoah Place Planned Unit Development. 4. Table a decision in order to allow the applicant and/or staff time to provide additional information. ACTION REQUESTED Recommend to the City Council the approval of Shenandoah Place Planned Unit Development, subject to conditions, and move its approval. • Julie Klima Planner I i:\commdev\boaa- . ._ 1 \ . . . • , . . . •• , 7... ., , .. • .. , ,, _ . . . ..,7--. , . ... \ . . A EXHIBIT A . ,) J . • a+- sTx 3, ImoNow • o • 12 • W 11 F • • Atir" B 1 B'1 - r Haggpay _ ,..4.,. _ ., .. , . _ 4 . . . ....: ... t . ,. . 4. Arrovrillgralt ' • ' `uita" -. ,- -. . 1 r41 rl VA WW4 r I : -...aril Psitfr-40'w 1-wr4 '- - : - . . .• ., • * . 41;•Ard4fri .. AVAvd-ri..Thrig ,40 A . , . . AWARE' Wiler‘i . , ..: / roil S. i 0. '$###'4•14t '' , OR tirieiA !;,:wilo, ,,,Av4ii , #4w4 WI A. 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At the February 20th meeting,the Planning Commission recommended approval of the text amendment to the City Council. ALTERNATIVES 1. Approve the text amendment, as proposed. 2. Revise the text amendment, and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment, as proposed (Alternative No. 1). ACTION REOUESTED Offer Ordinance No. 479, and move its approval. Julie Klima Planner II i:\commdev\cc\1997\cc0304\txttowr.doc ORDINANCE NO. 479, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY ADDING REGULATIONS FOR COMMUNICATION TOWERS AND APPARATUS/DEVICES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.02. (Definitions) is hereby amended by adding new nos. 19, 20, and 137 and renumbering subsequent entries, and by revising nos. 143 and 144. The proposed amendment to City Code Section 11.02. Definitions, would read as follows; 19. "Communication Services" - licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. 20. "Communication Service Device(s)/Apparatus" - any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni- directional antennas, such as whips. 137. "Tower" - any pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masks; intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. 143. "Utility Services" - services supplying gas, electric, transportation, water, sewer, cable or land line telephone service to the general public. 144. "Utility Service Structures" - any building or structure necessary for the operation of public or private utility services. Section 2 - That the following sections of City Code Chapter 11, Zoning, are hereby amended to add communication service apparatus/devices(s) as permitted accessory uses, subject to the listed conditions: Section 11.24 (Rural Residential), Subd. 4.G (renumber subsequent entries) Section 11.26 (Low Density Residential), Subd. 4.E (renumber subsequent entries) Section 11.28 (Urban Residential),Subd. 4.E (renumber subsequent entries) Section 11.30 (Old Shakopee Residential), Subd. 4.E (renumber subsequent entries) Section 11.32 (Medium Density Residential), Subd. 4.E (renumber subsequent entries) Section 11.34 (High Density Residential), Subd. 4.E (renumber subsequent entries) Section 11.36 (Highway Business), Subd. 4.E (renumber subsequent entries) Section 11.38 (Office Business), Subd. 4.D (renumber subsequent entries) Section 11.40 (Central Business), Subd. 4.E (renumber subsequent entries) Section 11.42 (Major Recreation), Subd. 4.D (renumber subsequent entries) Section 11.44 (Light Industrial), Subd. 4.D (renumber subsequent entries) Section 11.46 (Heavy Industrial), Subd. 4.E (renumber subsequent entries) subject to the following conditions: 1. shall be co-located on an existing tower or an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. fl 10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. Section 3 - That the following sections of City Code Chapter 11, Zoning, are hereby amended to add communication service towers as conditional uses, subject to the listed conditions: Section 11.44 (Light Industrial), Subd. 3.P (renumber subsequent entries) Section 11.46 (Heavy Industrial), Subd. 3.0 (renumber subsequent entries) subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height (including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be co-located on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; ' ��;s 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (1/2) mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer. • the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. 17. When towers are to be located in city parks, no towers should be located in designated conservation areas such as forest areas, marsh lands, wildlife preserves, nature center parks, picnic area, near historical structures, scenic open space areas, and areas of intense recreational play for children (playfields, swimming pool, playground equipment). 18. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults. 19. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 Published in the Shakopee Valley News on the day of , 1997. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Text Amendment Regarding Communication Towers DATE: February 6, 1997 INTRODUCTION On November 19, 1997, the City Council approved a moratorium on commercial wireless telecommunications service towers. This moratorium was put in place in order to allow staff to research the issue and formulate a proposed ordinance pertaining to the location and regulation of such towers. The moratorium is in effect until March 1, 1997. DISCUSSION Staff has compiled research from other communities and representatives from the communications industry and has developed some draft definitions and standards for review by the Planning Commission. This draft information has been attached as Exhibit A. The draft information contains language which requires colocation. The City Attorney has advised that colocation be addressed cautiously, due to the potential for the city to be "caught" between communication service providers. Rather, the Commission may want to discuss incentives for colocating, such as height extensions. The issue of colocation is one that the Planning Commission may wish to address. Please find attached as Exhibit B, comments from the Park and Recreation Advisory Board. These comments reflect the policy statements that the Park and Recreation Board is recommending to Planning Commission with regard to towers. Section 11.83, Subd. 2 of the City Code states"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist". Based on these criteria, staff has prepared the following draft 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 Changes in City wide or neighborhood development have occurred with regard to the increased need for communication services. Due to the increased need for services, the need for regulation has arisen. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend the proposed amendment to the City Council as presented on Exhibit A. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. ACTION REQUESTED Direction from the Commission regarding the proposed amendment. A ��Ii /Julie Klim, Planner I i:\commdev\boaa-pc\1997\feb06\txttower.doc EXHIBIT A DEFINITIONS Utility Services - services supplying gas, electric, transportation, water, sewer, cable or land line telephone service to the general public. Utility Service Structures- any building or structure necessary for the operation of public or private utility services. Personal Wireless Communication Services-licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. Personal Wireless Communication Service Device(s)/Apparatus- any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whips. Tower- any pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masks; intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. PERMITTED ACCESSORY USES Personal Wireless Communication Service apparatus/device(s) shall be added as a Permitted Accessory Use in the following zoning districts: RR Section 11.24, Subd. 4.G(subsequent items to be relettered) R1A Section 11.26, Subd. 4.E (subsequent items to be relettered) R1B Section 11.28, Subd. 4.E (subsequent items to be relettered) RIC Section 11.30, Subd. 4.E (subsequent items to be relettered) R2 Section 11.32, Subd. 4.E (subsequent items to be relettered) R3 Section 11.34, Subd. 4.E (subsequent items to be relettered) B1 Section 11.36, Subd. 4.E (subsequent items to be relettered) B2 Section 11.38, Subd. 4.D (subsequent items to be relettered) B3 Section 11.40, Subd. 4.E (subsequent items to be relettered) MR Section 11.42, Subd. 4.D (subsequent items to be relettered) Il Section 11.44, Subd. 4.D (subsequent items to be relettered) I2 Section 11.46, Subd. 4.E (subsequent items to be relettered) subject to the following conditions: The PCS apparatus/device(s) shall be: 1. colocated (on either an existing tower or existing structure); 2. must not extend above the height of the structure; and CONDITIONAL USES Personal Wireless Communication Service towers shall be added as a Conditional Use in the following zoning districts: AG Section 11.22, Subd. 3.R(subsequent items to be relettered) I1 Section 11.44, Subd. 3.0 (subsequent items to be relettered) I2 Section 11.46, Subd. 3.N(subsequent items to be relettered) subject to the following conditions: The PCS tower shall be: 1. a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height (including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the PCS other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be colocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. if located in the Agricultural Preservation (AG) zone the PCS must also meet the following requirements: • located along an arterial roadway; • be located on a lot that has a minimum size of one acre; • shall be located on property that is enrolled in an Agricultural Preserve program. 10. existing vegetation on the site shall be preserved to the maximum extent possible; 11. shall be surrounded by a security fence 6 feet in height with a lockable gate; 12. shall be located and painted in a manner that minimizes visibility off-site to the greatest extent possible; 13. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 14. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 15. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (1/2) mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at t height necessary to function reasonably, as certified by a qualified, licensed professional engineer. • the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. 16. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The property owner shall be responsible for the removal of facilities and restoration of the site. EXHIBIT B CITY OF SHAKOPEE MEMORANDUM To: Parks and Recreation Advisory Board From: Mark McQuillan, Parks and Recreation Director Subject: Telecommunication Towers Date: January 20, 1997 INTRODUCTION At the January 9, 1997 Joint Planning Commission/Parks and Recreation Advisory Board Meeting, the Planning Commission and Park and Recreation Advisory Board briefly discussed the impact Telecommunication Towers could have on local communities. Prior to that meeting, you were provided information about telecommunication towers including an article from the Minneapolis Star Tribune and a copy of the City of Bloomington's ordinance for wireless telecommunication antennas and towers. During that discussion, it was noted the Shakopee City Council passed an interim ordinance for establishing a moratorium on commercial wireless telecommunications service towers. This allows the City time to research the issue and formulate a policy that will, to some degree, regulate their size and location. The moratorium will expire March 1, 1997, unless the City Council was to extend it for an additional period. BACKGROUND In the interest of time (due to the moratorium),I laid out some recommendations for the Parks and Recreation Advisory to consider. For the most part, these recommendations conform to what other communities have done with respect to placing towers in city parks. The Advisory Board should look at this issue from the perspective of what is best for our parks. Should we encourage or discourage the use of parks for telecommunication towers and antennas? Where on this list of possible locations (zoning) should city parks be prioritized? If parks are to be used for such purposes, which parks are most appropriate for their location?Tahpah?Lions Park?Memorial Park?Neighborhood Parks? Linear Parkways? DISCUSSION Policy Statements for use of city parks for telecommunication towers and antennas. 1. If wireless telecommunication towers are to be located in city parks, the Parks and Recreation Advisory Board recommends the following: • No towers should be located in designated conservation areas such as forest areas, marsh lands, wildlife preserves,nature center parks,picnic areas, near historical structures, scenic open space areas, and areas of intense recreational play for children (playfields, swimming pool,playground equipment). 2. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults; 3. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be made transferred to the Park Reserve Fund. ALTERNATIVES 1. Recommend to the Planning Commission the three policy statements regarding the use of city parks for the wireless telecommunication towers and antennas as recommended by the Parks and Recreation Advisory Board. 2. Table this discussion for further information. 3. Do nothing. Let the Planning Commission establish the policy regarding the use of city parks for wireless telecommunication towers and antennas. STAFF RECOMMENDATION Alternative#1. ACTION REQUESTED Move to recommend to the Planning Commission the following policy statements regarding the use of city parks for the wireless telecommunication towers and antennas as recommended by the Parks and Recreation Advisory Board: 1. If wireless telecommunication towers are to be located in city parks,the Parks and Recreation Advisory Board recommends the following: • No towers should be located in designated conservation areas such as forest areas,marsh lands, wildlife preserves,nature center parks,picnic areas,near historical structures,scenic open space areas, and areas of intense recreational play for children(playfields,swimming pool,playground equipment). 2. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults; 3. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be made transferred to the Park Reserve Fund. Motion by Rislund/Seifert to recommend to the Planning Commission the policy statements regarding the use of city parks for the wireless telecommunication towers and antennas as recommended by the Parks and Recreation Advisory Board Motion carried. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Text Amendment Regarding Communication Towers DATE: February 20, 1997 INTRODUCTION At its February 6, 1997, meeting, the Planning Commission reviewed a proposed text amendment regarding communication towers. At this meeting, the Commission directed staff to revise the proposed amendment to include comments given by the Commission. DISCUSSION Attached, as Exhibit A, is the draft text amendment which includes the revisions directed by the Planning Commission(the revised areas are identified by bold lettering). Locating communication services in the Agricultural Preservation(AG) zone is not addressed in the proposed language due to the uncertainty of end land uses in those portions of the community. If communication services were to be allowed within areas currently zoned AG, without having an end use plan in place for these areas of the community, the construction of towers may occur on property that in the future will be used for residential purposes. Because the co-location of communication system device(s)/apparatus is less intrusive to a community than the construction of towers, the Planning Commission may wish to encourage the co-location of communication system device(s)/apparatus. Therefore, the Planning Commission may wish to re-evaluate whether or not it wishes to require Conditional Use Permits (CUP's) for any co-location activity, regardless of its placement on an existing tower or a structure. Requiring a CUP for any co-location activity does not encourage co-location. Therefore, staff can not recommend approval of the text amendment, as suggested by the Planning Commission. Please find attached, for your reference, photos of co-locations that have occurred on structures other than towers. Please find attached as Exhibit B, comments from the Park and Recreation Advisory Board. These comments reflect the policy statements that the Park and Recreation Board is recommending to Planning Commission with regard to towers. If the Planning Commission wishes to include these policy statements into the text amendment, a motion directing the inclusion should be made. Section 11.83, Subd. 2 of the City Code states"the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist". Based on these criteria, staff has prepared the following draft 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 Changes in City-wide or neighborhood development have occurred with regard to the increased need for communication services. Due to the increased need for services, the need for regulation has arisen. Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend the proposed amendment to the City Council as presented on Exhibit A. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. ACTION REQUESTED Direction from the Commission regarding the proposed amendment. 4i'11,Vitifk. ulte Klima Planner I is\commdev\boas-pc\1997\feb20\txttower.doe EXHIBIT A DEFINITIONS Utility Services - services supplying gas, electric, transportation, water, sewer, cable or land line telephone service to the general public. Utility Service Structures - any building or structure necessary for the operation of public or private utility services. Communication Services - licensed commercial wireless communication services including cellular, personal communication services(PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. Communication Service Device(s)/Apparatus- any structure or device used for the purpose of collecting or radiating electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omni- directional antennas, such as whips. Tower- any pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masks; intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. PERMITTED ACCESSORY USES Communication Service apparatus/device(s) shall be added as a Permitted Accessory Use in the following zoning districts: RR Section 11.24, Subd. 4.G(subsequent items to be relettered) R1A Section 11.26, Subd. 4.E (subsequent items to be relettered) RIB Section 11.28, Subd. 4.E (subsequent items to be relettered) RIC Section 11.30, Subd. 4.E (subsequent items to be relettered) R2 Section 11.32, Subd. 4.E (subsequent items to be relettered) R3 Section 11.34, Subd. 4.E (subsequent items to be relettered) B1 Section 11.36, Subd. 4.E (subsequent items to be relettered) B2 Section 11.38, Subd. 4.D (subsequent items to be relettered) B3 Section 11.40, Subd. 4.E (subsequent items to be relettered) MR Section 11.42, Subd. 4.D (subsequent items to be relettered) I1 Section 11.44, Subd. 4.D (subsequent items to be relettered) I2 Section 11.46, Subd. 4.E (subsequent items to be relettered) subject to the following conditions: 1. shall be co-located on an existing tower; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; . 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. CONDITIONAL USES Communication Service apparatus/device(s) shall be added as a Conditional Use in the following zoning districts: RR Section 11.24, Subd. 3.E (subsequent items to be relettered) R1A Section 11.26, Subd. 3.I (subsequent items to be relettered) R1B Section 11.28, Subd. 3.D (subsequent items to be relettered) R1C Section 11.30, Subd. 3.D (subsequent items to be relettered) R2 Section 11.32, Subd. 3.E (subsequent items to be relettered) R3 Section 11.34, Subd. 3.D (subsequent items to be relettered) B1 Section 11.36, Subd. 3.V (subsequent items to be relettered) B2 Section 11.38, Subd. 3.M (subsequent items to be relettered) B3 Section 11.40, Subd. 3.T (subsequent items to be relettered) MR Section 11.42, Subd. 3.0 (subsequent items to be relettered) Il Section 11.44, Subd. 3.0 (subsequent items to be relettered) I2 Section 11.46, Subd. 3.N (subsequent items to be relettered) subject to the following conditions: 1. shall be co-located on an existing structure; 2. must not exceed 175 feet in total height (including the extension of any communication service device(s)/apparatus; 3. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 4. signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs; 5. must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes; 6. shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible; 7. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 8. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site; 9. the applicant shall submit a plan illustrating all anticipated future location sites for communication towers and/or communication devices(s)/apparatus. Communication Service towers shall be added as a Conditional Use in the following zoning districts: I1 Section 11.44, Subd. 3.P (subsequent items to be relettered) I2 Section 11.46, Subd. 3.0 (subsequent items to be relettered) subject to the following conditions: 1. shall be a monopole structure; 2. the location of the tower shall comply with the minimum setback requirements of the zone in which it is to be located. Towers located closer to a property line than a distance equal to the height of the tower shall be designed and engineered to collapse within the distance between the tower and the property line and supporting documentation shall be provided to prove this by a professional engineer; 3. shall not exceed 175 feet in total height (including the extension of any antenna); 4. lights and/or flashing equipment shall not be permitted unless required by state or federal agencies; 5. shall be protected with corrosive resistant material; 6. signage shall not be allowed on the tower other than danger or warning type signs; 7. must provide proof from a professional engineer that the equipment is not able to be colocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes; 8. must be built to accommodate antennas being placed at varying heights on the tower; 9. existing vegetation on the site shall be preserved to the maximum extent possible; 10. shall be surrounded by a security fence 6 feet in height with a lockable gate; 11. shall be located and have an exterior finish that minimizes visibility off-site to the greatest extent possible; 12. applicable provisions of the City Code, including the provisions of the State Building Code therein adopted, shall be complied with; 13. equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding neighborhood; 14. no tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within one-half (1/2) mile search radius of the proposed tower for any of the following reasons: • the necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer. • the necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure or building and the interference cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer. • existing or approved towers and buildings within the 1/2 mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer. • the applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building. 15. all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site. 16. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s)/apparatus. EXHIBIT B CITY OF SHAKOPEE MEMORANDUM To: Parks and Recreation Advisory Board From: Mark McQuillan, Parks and Recreation Director Subject: Telecommunication Towers Date: January 20, 1997 INTRODUCTION At the January 9, 1997 Joint Planning Commission/Parks and Recreation Advisory Board Meeting, the Planning Commission and Park and Recreation Advisory Board briefly discussed the impact Telecommunication Towers could have on local communities. Prior to that meeting, you were provided information about telecommunication towers including an article from the Minneapolis Star Tribune and a copy of the City of Bloomington's ordinance for wireless telecommunication antennas and towers. During that discussion, it was noted the Shakopee City Council passed an interim ordinance for establishing a moratorium on commercial wireless telecommunications service towers. This allows the City time to research the issue and formulate a policy that will, to some degree, regulate their size and location. The moratorium will expire March 1, 1997, unless the City Council was to extend it for an additional period. BACKGROUND In the interest of time (due to the moratorium), I laid out some recommendations for the Parks and Recreation Advisory to consider. For the most part,these recommendations conform to what other communities have done with respect to placing towers in city parks. The Advisory Board should look at this issue from the perspective of what is best for our parks. Should we encourage or discourage the use of parks for telecommunication towers and antennas? Where on this list of possible locations (zoning) should city parks be prioritized? If parks are to be used for such purposes, which parks are most appropriate for their location? Tahpah?Lions Park?Memorial Park?Neighborhood Parks? Linear Parkways? DISCUSSION Policy Statements for use of city parks for telecommunication towers and antennas. 1. If wireless telecommunication towers are to be located in city parks, the Parks and Recreation Advisory Board recommends the following: • No towers should be located in designated conservation areas such as forest areas, marsh lands, wildlife preserves,nature center parks, picnic areas, near historical structures, scenic open space areas, and areas of intense recreational play for children (playfields, swimming pool,playground equipment). 2. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults; 3. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be made transferred to the Park Reserve Fund. ALTERNATIVES 1. Recommend to the Planning Commission the three policy statements regarding the use of city parks for the wireless telecommunication towers and antennas as recommended by the Parks and Recreation Advisory Board. 2. Table this discussion for further information. 3. Do nothing. Let the Planning Commission establish the policy regarding the use of city parks for wireless telecommunication towers and antennas. STAFF RECOMMENDATION Alternative#1. ACTION REQUESTED Move to recommend to the Planning Commission the following policy statements regarding the use of city parks for the wireless telecommunication towers and antennas as recommended by the Parks and Recreation Advisory Board: 1. If wireless telecommunication towers are to be located in city parks,the Parks and Recreation Advisory Board recommends the following: • No towers should be located in designated conservation areas such as forest areas,marsh lands, wildlife preserves, nature center parks, picnic areas,near historical structures,scenic open space areas, and areas of intense recreational play for children(playfields,swimming pool,playground equipment). 2. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council: • City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; • Commercial recreation areas and major playfields used primarily by adults; 3. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be made transferred to the Park Reserve Fund. 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' it,i.k......z..,-..'4.„..c-.:...A.',....;..A;..:,Y',.'-',.'';.•:,-.,,'-*4.:,.---4..,,:';,f,-'.':..'..-.'`.'2-..`-i2„t?:.,,,•1,1'.:•','.',,.'.4..',I,- i ',••1,i'-",..I.',;4*‘- •.1••`4"N : ,''•*.— r!I .i,;:.-:'::,;,!4,:"l;•.e,-.',..oi,,9,...-.:•,1.:.,.44 ..,.,.....;.r..c?..•-•:.'!..,.:1'•;'....,•'e,?., r•-t..z„. 3 1,y-1:,,,-.,Vp-,..3,•....'.i.`,-.t-',.1..A-..-. ..„.-3.., .,..f.1=-.r•. .'. ,� �° ( f .; `: gin JAMES P.iJRKIN ROBERT L.HOFFMAN LARKIN> HOFFMAN> DALY & LINDGREN> LTD. CHRISTOPHER J.HARRISTHAL GERALD H.FRIEDELL KENDEL J.OHLROGGE JAMES C.ERICKSON BRUCE J.DOUGLAS EDWARD J.DRISCOLL ATTORNEYS AT LAW WILLIAM C.GRIFFITH,JR. GENE N.FULLER JOHN R.HILL JOHN D.FULLMER PETER J.COYLE FRANK I.HARVEY LARRY D.MARTIN CHARLES S.MODELL 1500 NORWEST FINANCIAL CENTER JANE E.BREMER CHRISTOPHER J.DIETZEN JOHN J.STEFFENHAGEN LINDA H.FISHER 7900 XERXES AVENUE SOUTH DANIEL W.VOSS THOMAS P.STOLTMAN PHILIP G.ALDEN BCHAELC.JACKMAN BLOOMINGTON,MINNESOTA 55431-1194 MICHAELJ.SMITH JOHN E.DIEHL VILIS R.INDE JON S.SWIERZEWSKI ANDREW F.PERRIN THOMAS J.FLYNN TELEPHONE(612)835-3800 ANN M.MEYER JAMES P.QUINN CHRISTOPHER D.JOHNSON TODD I.FREEMAN FAX(612)896-3333 RENEE L.JACKSON GERALD L.SECK CHRISTOPHER K.LARDS JOHN B.LUNDQUIST MARCY R.FROST DAYLE NOLAN* DOUGLAS M.RAMLER JOHN A.COTTER' STEPHEN J.KAMINSKI BEATRICE A.ROTHWEILER THOMAS F.ALEXANDER PAUL B.PLUNKETT DANIEL T.KADLEC ALAN L.KILDOW SHARNAA WAHLGREN KATHLEEN M.PICOTTE NEWMAN KARIN M.NELSEN MICHAEL B.LEBARON C.ERIK HAWES GREGORY E.KORSTAD LYNNE MICHELLE MOORE GARY A.VAN CLEVE* C.BRENT ROBBINS DANIEL L.BOWLES KRISTIN S.VVESTGARD• TIMOTHY J.MCMANUS JOLIE S.FREDERICKSON TIMOTHY J.KEANE ALAN M.ANDERSON OF COUNSEL DONNA L.ROBACK JACK F.DALY MICHAEL W.SCHLEY D.KENNETH UNDGREN RONN B.KREPS ALLAN E.MULLIGAN TERRENCE E.BISHOP WENDELL R.ANDERSON LISA A.GRAY JOSEPH GITIS GARY A.RENNEKE • ALSO ADMITTED IN WISCONSIN March 4, 1997 Mayor Henderson and Members of the City Council City of Shakopee 129 Holmes Avenue South HAND DELIVERED Shakopee, Minnesota 55379 Re: Proposed Zoning Code Modifications for Communications Towers Dear Planning Commission Members: As you are aware, we represent American Portable Telecom ("APT") in connection with its development of antenna and tower sites throughout the Greater Twin Cities Metropolitan Region. We submitted comments on the original draft of the above-referenced ordinance (the "First Draft"), with a letter and testimony at the Planning Commission meeting on February 6, 1997 (the letter was inadvertently dated January 6. 1997). On behalf of APT, we now submit the additional comments and concerns listed below regarding the revised draft of the above-referenced ordinance (the "Second Draft"). The following comments address substantive issues only. 1. SECTION 2. This section establishes communication service apparatus/device(s) as permitted accessory uses in various zoning districts subject to certain conditions, including: a. Condition No. 5. This condition requires proof from a "professional engineer" that the equipment proposed for installation will not interfere with existing communications for public safety purposes. APT must respectfully oppose this provision because the Federal Communications Commission (the "FCC") license issued to APT virtually assures non-interference. Moreover, Section 704(a) of the Telecommunications Act of 1996 (the "Act") (47 U.S.C. 332(c)(7)(iv))provides that: No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service LARKIN, HOFFMAN, DALY& LINDGREN,LTD. Mayor Henderson and Members of the City Council March 4, 1997 Page 2 facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the [FCC's] regulations concerning such emissions. (emphasis added) Therefore, we believe that the non-interference certification is unnecessary, and consequently we request that this provision be removed. Additional Note: This provision and various others throughout the Proposed Ordinance reference certain evaluations of various considerations by a "licensed professional engineer." Our understanding of the various issues to be evaluated by engineers suggests there are essentially two components to the evaluation. First, there may be structural and design considerations of the physical equipment as erected. Secondly, questions may be raised relating to the performance of transmission and reception equipment used to provide wireless communications. It is reasonable to require that construction be designed pursuant to plans and specifications of a licensed professional engineer. This will assure a structure is designed to withstand natural and artificial forces exerted upon it. However, with respect to system coverage/interference and capacity analyses, requiring the analysis to be prepared by a "licensed professional engineer" presents a problem. System coverage/interference and capacity issues are issues for qualified radio frequency engineers. Although there are a limited number of professional engineers who are also competent in issues of radio frequency engineering, the fact of being licensed or registered has no relation to competence in radio frequency engineering. To obtain the best analysis of the technical issues involved, the City would improve its position by obtaining system coverage/interference and capacity analysis by a "competent radio frequency engineer," without regard to local registration. Therefore, all references to "licensed professional engineer" regarding coverage, interference and capacity issues should be changed to "qualified radio frequency engineer." b. Condition No. 8. We request that this provision be revised to make the owner of the tower responsible for its removal. The users of the tower may not necessarily have the legal right to remove another's property. Therefore, we request that this provision be revised as follows: all obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed,the site shall be restored to its original or an improved state. The Downer of the tower and/or accompanying accessory facilities shall be responsible for the removal of the tower and accompanying facilities, and restoration of the site; • LARKIN, HOFFMAN, DALY&LINDGREN,LTD. Mayor Henderson and Members of the City Council March 4, 1997 Page 3 c. Condition No. 9. This provision requires the applicant to submit a plan illustrating all anticipated future location sites for communication towers and/or communication devises/apparatus. We respectfully oppose this requirement for the following reasons: (i)the information requested is confidential, proprietary information that APT does not want disclosed to its competitors; (ii)the anticipated locations of such facilities is fluid and constantly changing as new sites are approved and brought on-line; and (iii) although APT does not want such information put into the official record, APT will discuss its site needs and requirements with city staff. Therefore,we ask that this requirement be removed. d. Condition No. 10. This provision restricts the placement of towers and antennas in city parks to parks of"sufficient size and character that are adjacent to an existing commercial or industrial use." The phrase "sufficient size and character" is ambiguous. We request that this provision be clarified. The City could identify existing parks that would meet such size and character, and adjacent use requirements, or state objective standards and the reasons behind such standards. This would allow a clear understanding of what is allowed. This provision further requires that towers in city parks be limited to "commercial recreation areas and major playfields used primarily by adults." We are unsure whether there are any city parks that could satisfy all of these requirements. 2. SECTION 3. This section establishes communication towers as conditional uses only in industrial zoning districts. Restricting towers to such a small area within the city may prevent service providers from providing personal wireless services to certain areas of the city. Section 704 of the Telecommunications Act of 1996 (the "Act"), states that local regulations shall not "prohibit or have the effect of prohibiting the provision of personal wireless services." Therefore, we ask that towers be made a conditional use in other zoning districts (such as commercial, office, central business, highway and certain residential districts) and that towers be a permitted use (subject to the listed conditions) in the industrial districts. These changes would allow flexibility for siting towers, but still offer an incentive to service providers to locate in the industrial districts. In addition, this section establishes certain conditions that must be satisfied, including: a. Condition No. 1. This provision requires all towers to be of a monopole design. We request that the following be added to the end of this requirement, unless an alternative design, as approved by the City, would blend better with the surrounding environment or better facilitate co-location. b. Condition No. 7. This provision requires the applicant to provide proof from a professional engineer that: (1)the proposed equipment is not able to be co-located on any existing or approved towers; and (2)the planned tower will not interfere with existing communications for public safety purposes. . LARKIN, HOFFMAN, DALY&LINDGREN,LTD. Mayor Henderson and Members of the City Council March 4, 1997 Page 4 With respect to part 1, we request that this requirement be removed as it is fully encompassed by the requirements of Condition No. 14 (discussed below). With respect to part 2, this non-interference requirement is an FCC licensing issue (See discussion of Section 2, Condition 5 above), and therefore, should be removed. c. Condition No. 8. We request that this provision be revised to read as follows: must be built to accommodate the antennas of at least one (1) additional userbeing placed at varying heights on the tower. d. Condition No. 14. In addition, to the comments provided above (Section 2, Condition No. 5) regarding licensed engineers, we request that the following provision be added as an additional "bullet"point at the end of this provision: • other reasons that make it impracticable to locate the planned telecommunications equipment upon an existing or approved tower or building. e. Condition No. 15. (See discussion of Section 2, Condition No. 8 above). f. Condition No. 16. (See discussion of Section 2, Condition No. 9 above). g. Condition No. 17. This provision and Condition No. 18 below, further restrict the placement of towers in city parks. This further restriction once again raises the question of whether there are any city parks in which a tower could be sited. In addition,this provision is vague and ambiguous, and therefore we request that it be removed. h. Condition No. 18. (See discussion of Section 2, Condition No. 10 above). Please make this letter part of the formal record of the City's deliberation on its zoning code amendments. We welcome the opportunity to respond to any specific questions or comments. Very trul urs, Lc,/ Thomas F. Alexander, for LARKIN, HOFFMAN, DALY&LINDGREN, Ltd. cc: Mike O'Rourke Jeff Peterson John Barstow Peter J. Coyle 0280923.01 /i City of Shakopee MEMORANDUM TO: Mayor and City Council FROM: Mark McNeill, City Administrator DATE: March 4, 1997 RE: SPUC Appointment - Modification INTRODUCTION: The Council has asked to appoint David Thompson as Commissioner for the Shakopee Public Utilities Commission to fill an unexpired term. BACKGROUND: Unlike the other Boards and Commissions, the date in which SPUC Commissioners take office is April 1st . On February 18, Council appointed David Thompson to fill a regular position, to start April 1st . Councillor Sweeney advises that there will be a special meeting of SPUC on March 17th. As such, he asked that the Council consider making Mr. Thompson' s appointment effective March 5, 1997 . The best way to do that would be to appoint him to fill the unexpired term of former Commissioner Joe Wolfe. RECOMMENDATION: We recommend that David Thompson be appointed as SPUC Commissioner to fill the unexpired term of Joe Wolfe, ending March 31 . ACTION REQUIRED: If Council concurs, it should, by motion, appoint David Thompson as SPUC Commissioner, to fill the unexpired term of Joe Wolfe.l 1)kk 1\041)44;q Mark McNeill City Administrator MM:bjm [MCNEILL.MEM] CITY OF SHAKOPEE // , �. • Memorandum •L TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Tim's Lawn and Landscaping - Community Center DATE: February 27, 199 INTRODUCTION: The Council is asked to approve a payment to Tim's Lawn and Landscaping for work done for the waterproofing efforts at the Community Center from last fall. BACKGROUND: Attached is a copy of a bill from Tim's Lawn and Landscaping of Shakopee for$4,950.00. This is for work that Tim's did on landscaping restoration after done to the construction of a French drain at the Community Center in November. In December,the Council approved payment to the masonry contractor(JESCO), for 1/2 of their requested $22,202.35 payment, less $1,776.00 to Kerber Tile and Marble. The remainder would be released in the Spring after the weather indicated the French drain was successful in resolving the basement water seepage problem. Tim's Lawn and Landscaping did restoration work related to that. However, they were not a subcontractor to JESCO, as I had earlier understood. They have been patiently waiting for payment since November, and have asked that action now be taken. In reviewing this with Greystone Construction,the project manager, with the exceptions of some minor clean-up work this Spring,there appears to be no reason to withhold payment from Tim's. In order to accommodate the remaining work, I recommend the City withhold a 5%retainage ($247.50), to be paid upon completion. RECOMMENDATION: We recommend that payment in the amount of$4,702.50 ($4,950 less 5%)be paid to Tim's Lawn and Landscaping. There still remains a balance of$19,284.67 retainage, less what was previously paid to JESCO and Kerber, should there be other issues to resolve. There still is the $11,101.17 to be paid to JESCO in the Spring. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize payment in the amount of$4,702.50 to Tim's Lawn and Landscaping for work done at the Shakopee Community Center. kA-C2- ilkovULa Mark McNeill City Administrator 2-26-1997 8:28AM FROM GREYSTONE CONSTR. 612 445 4191 P. 2 DEC-I6-96 MON 01 :26 PM TINS LANDSCAf'1NC 612 445 462w N.di TIM'S LAWN&LANDSCAPING 13300 Marystow I , 9� 1.15 445-8196 44 Pwlaselonal Lawn Malntsnanea Timber d Ftttdstone Retaining;Watts Rich Bleck Dirt Band$(Ravel Outtute4 Sod fir g Landscape Rock Nvrser PrOdutte U.t0 Med.Excavation Finish Trading Landscape Designs Fres Estimates DATE_/1// K 19? NAME c7- - . o ADDRESS . �• VAIIV • City,State, Zip - . ,=- N 7 2 ,© SOLO BY C.Q.O. CHARGE ON ACCT. Iiiiii MI DUAN. DESCRIPTION PRICE AMOUNT Li=fie_ i 'i 111111111 1111. llIOII11l.111 IlII .I MN TAX RECEIVED TOTAL '�i '* BY 1 ' . 410 Official Proceedings of the December 17, 1996 Shakopee City Council Page -9- Sweeney/Zorn offered Resolution No. 4586, A Resolution Authorizing the Appropriate City Officials to Execute Agreement No. 75574 with Mn/DOT - Turnback of Trunk Highway No. 300 Within the Corporate Limits of the City of Shakopee, and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4587, A Resolution Establishing Trunk Highway No. 300 As A Municipal State Aid Highway Within the Corporate Limits of the City of Shakopee, and moved its adoption. Motion carried unanimously. Judith Cox reported that the applications for renewal of massage center and masseuse, tattoo and cigarette licenses are in order and recommended approval. DuBois/Sweeney moved to approve the application and grant a massage center license to Dawn M. Krause/Klip and Kurl, 238 South Lewis Street. Motion carried unanimously. Sweeney/DuBois moved to approve the application and grant a masseuse license to Dawn M. Krause, 238 South Lewis Street. Motion carried unanimously. DuBois/Sweeney moved to approve the application and grant a Tattoo License to Linda Kurian, Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. Motion carried 4-1 with Cncl. Zorn opposed. Sweeney/DuBois moved to approve the issuance of a Tattoo License to Allen Joseph Lindback at Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. Motion carried 4-1 with Cncl. Zorn opposed. Link/Zorn moved to authorize the City Clerk to issue cigarette licenses for 1997. Motion carried unanimously. Mr. McNeill reported that the corrective tile work that was needed at the civic center was done. However, the ground froze before the landscaping could be restored. He recommended holding the $8,092.50 for the cost of the french drain until spring to be sure that the problem is resolved. In addition, Jessco has agreed to the City making payment to Kerber Tile and Marble through a joint check of $1,776.00, and that the balance of $22,202.35 be released to Jessco in the spirit of the agreement of October. Sweeney/Zorn moved to approve the bill from Kerber Tile and Marble for civic center work in the amount of$1,776.00 and deduct same from the balance due to Jessco Inc. through a joint check (issued to both Kerber Tile and Jessco). Motion carried unanimously. Sweeney/Zorn moved to release $22,202.35 to Jessco, (the balance of the retainage of the Jessco contract after the french drain installation and the Kerber Tile and Marble bill has been subtracted). r Official Proceedings of the December 17, 1996 Shakopee City Council Page -10- A discussion ensued regarding recourse in the event of future water problems. Mr. Thomson explained that there is no guarantee that a the entire retainage of$32,000 minus the Kerber Tile and Marble costs would be sufficient to correct the problem, and the City might find it necessary to go after the bonding company. Link/Sweeney moved amend the original motion to release $11,101.18 (half of the retainage) to Jessco and keep the remainder of the retainage until satisfied that the drainage problem is solved. Motion carried unanimously. 1' The main motion as amended carried unanimously. Mr. Sweeney explained that there are three parts to revenues for the cable franchise which include: studio rent, subscriber fees, and franchise fees. He said a portion of the franchise fee was used to defray a portion of Barry Stock's salary and other cable related expenses were billed to this same fund. There is currently $33,055.35 retained by the City which is in excess of any billings. In addition, the current transmittal of the franchise fee to the City is being held at City Hall. Mr. Sweeney recommended passing all cable revenues directly through the city directly to the Shakopee Community Access Corp. Any expenses on the city's part would then be billed to the SCAC. Any balances of revenues over expenditures would automatically be in the hands of the SCAC. He said this would differentiate between the City and the Cable Access Corporation in terms of who has the money and the responsibility of accounting for it to the internal revenue. He also advised the !i Councilmembers that Jim Streefland of Streefland and Jaspers has been retained by the Cable Access Corporation. ii A discussion ensued regarding money management concerns. Sweeney/Zorn moved to direct the City Attorney to prepare a contract which would require the Cable Access Corporation to reimburse the City for all expenses incurred for their benefit. Motion carried unanimously. A break was taken at 9:40 P.M. The meeting re-convened at 9:50 P.M. Agenda item 12e.12) City Attorney selection, was taken out of order. Mr. McNeill reported that interviews were held on December 9th with three firms to provide legal services to the City. Staff was then directed to solicit from these firms a fixed monthly retainer amount. This information has been received. We have three capable firms. The choice is up to the Council. Link/Sweeney moved to employ Kennedy & Graven as the Shakopee City Attorney. Motion carried unanimously. Official Proceedings of the December 17, 1996 Shakopee City Council. Page -10- A discussion ensued regarding recourse in the event of future water problems. Mr. Thomson explained that there is no guarantee that a the entire retainage of$32,000 minus the Kerber Tile and Marble costs would be sufficient to correct the problem, and the City might find it necessary to go after the bonding company. Link/Sweeney moved amend the original motion to release $11,101.18 (half of the retainage) to Jessco and keep the remainder of the retainage until satisfied that the drainage problem is solved. Motion carried unanimously. The main motion as amended carried unanimously. Mr. Sweeney explained that there are three parts to revenues for the cable franchise which include: studio rent, subscriber fees, and franchise fees. He said a portion of the franchise fee was used to defray a portion of Barry Stock's salary and other cable related expenses were billed to this same fund. There is currently $33,055.35 retained by the City which is in excess of any billings. In addition, the current transmittal of the franchise fee to the City is being held at City Hall. Mr. Sweeney recommended passing all cable revenues directly through the city directly to the Shakopee Community Access Corp. Any expenses on the city's part would then be billed to the SCAC. Any balances of revenues over expenditures would automatically be in the hands of the SCAC. He said this would differentiate between the City and the Cable Access Corporation in terms of who has the money and the responsibility of accounting for it to the internal revenue. He also advised the Councilmembers that Jim Streefland of Streefland and Jaspers has been retained by the Cable Access Corporation. A discussion ensued regarding money management concerns. Sweeney/Zorn moved to direct the City Attorney to prepare a contract which would require the Cable Access Corporation to reimburse the City for all expenses incurred for their benefit. Motion carried unanimously. A break was taken at 9:40 P.M. The meeting re-convened at 9:50 P.M. Agenda item 12e.12) City Attorney selection, was taken out of order. Mr. McNeill reported that interviews were held on December 9th with three firms to provide legal services to the City. Staff was then directed to solicit from these firms a fixed monthly retainer amount. This information has been received. We have three capable firms. The choice is up to the Council. Link/Sweeney moved to employ Kennedy & Graven as the Shakopee City Attorney. Motion carried unanimously. CONSENT CITY OF SHAKOPEE Memorandum / 2 . C . J . TO: Mayor&City Council Mark McNeill, City Administrator FROM: Mike Huber,Engineering Tech. II SUBJECT: 17th Avenue/Sarazin Street Project No. 1996-1 DATE: March 4, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the construction of 17th Avenue/Sarazin Street,Project No. 1996-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$572,900.01 and the actual final costs of$562,642.59 for this project. ACTION REQUESTED: Offer Resolution No. 4625, A Resolution Accepting Work on 17th Avenue, from County State Aid Highway 17 to Sarazin Street; and Sarazin Street, from St. Francis Avenue to 17th Avenue, Project No. 1996-1 and move its adoption. 4:4 A/4_ Mike Huber Engineering Tech. II MH/pmp MEM4625 i T vk1 RESOLUTION NO. 4625 A Resolution Accepting Work On 17th Avenue, From County State Aid Highway 17 To Sarazin Street; And Sarazin Street, From St. Francis Avenue To 17th Avenue Project No. 1996-1 WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 22, 1996, Northdale Construction Company, Inc. has satisfactorily completed the 17th Avenue/Sarazin Street Project, in accordance with such contract. NOW, 'THEREFORE, BE IT RESOLVED BY '111l: CITY COUNCIL OF 1HE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1996- 1 DATE: February 24 , 1997 PROJECT DESCRIPTION : 17th Avenue/Sarazin Street CONTRACTOR: Northdale Construction Company , Inc . ' 14450 Northdale Blvd . Rogers , MN 55374 ORIGINAL CONTRACT AMOUNT $ 572 , 900 . 01 QUANTITY CHANGE AMOUNT $ ( 11 , 303 . 32 ) CHANGE ORDER NO, 1 THRU NO. -- AMOUNT . , , $ 1 , 046 . 90 FINAL CONTRACT AMOUNT $ 562 , 643 . 59 LESS PREVIOUS PAYMENTS $562 , 643 . 59 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor, .4‘?"2" ` , Professional En��f�/eer 12 . C. Z, - CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Request for a Feasibility Study for Storm Sewer Improvements, Valley Park 6th Addition DATE: March 4, 1997 INTRODUCTION: Attached to this memorandum is Resolution No. 4628, a resolution ordering the preparation of a feasibility report for storm sewer improvements for Valley Park 6th Addition. BACKGROUND: When the City initiated the Storm Sewer Utility fee, several projects were identified to show the need for this utility fee. One of these projects consisted of storm sewer improvements to those drainage areas contributing to the runoff in the vicinity of North Star Auto Auction (see attached drawing). The estimated cost for these improvements was $450,000. Included in the 1996 budget was part of this project, consisting of a detention pond for $60,000. The purpose of this memo is to request the Council to authorize a feasibility study for improvements to this area. The purpose for requesting the feasibility study at this time is due to recent interest in developing some of the vacant lots in Valley Park 6th Addition. Based on the information received by staff, a buyer is interested in developing several acres in Valley Park 6th Addition, along the north side of Valley Industrial Boulevard South. Any new developments in this vicinity are limited to the pipe capacities and ponding limitations located downstream. There has been at least one study already completed for this area, which was completed when North Star Auto Auction expanded a few years ago. Another study is necessary to address the areas south of the North Star Auto Auction, to develop an overall storm water plan for the whole drainage area that is routed through this area. The purpose of this study is to identify the extent of the improvements needed, the costs for these improvements, and how they will be paid. It is anticipated these improvements would be paid from the Storm Water Drainage Utility Fund, and that no properties will be assessed. ALTERNATIVES: 1. Adopt Resolution No. 4628. 2. Deny Resolution No. 4628. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4628, A Resolution Ordering the Preparation of a Report for Storm Sewer Improvements for Valley Park 6th Addition and move its adoption. 7 �'''fir .� oel Rutherford Assistant City Engineer MEM4628 RESOLUTION NO. 4628 A Resolution Ordering The Preparation Of A Report On Storm Sewer Improvements For Valley Park 6th Addition WHEREAS, it is proposed to improve Valley Park 6th Addition by storm sewer improvements. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. 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IQ te • tE- 2 I : EEEEE .E • 1E I 0 " . _ /2. C3 MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sanitary Sewer Extension-Fire Station DATE: March 4, 1997 INTRODUCTION: The memo is to append the memo contained in the agenda packet for the extension of sanitary sewer for the new fire station. BACKGROUND: One additional alternative needs to be included for Council consideration for the sanitary sewer extension for the fire station site. This alternative is for the sanitary sewer extension plans to be included with the fire station plans and specifications as an alternate bid item. The procedure for including this work in the fire station plans would be as follows: • Direct staff to prepare plans and specifications for the sanitary sewer extension to the fire station site. • Include plans and specifications in an addendum to the fire station plans and specifications as an alternate bid item to the project. • Open bids on March 27, 1997 and determine if bid received for the sanitary sewer work is acceptable or not. • If bid is not acceptable, the City would have to obtain separate bids and issue a separate contract to install this sanitary sewer. This sanitary sewer would serve the entire parcel, not just the fire station. Sanitary sewers are usually assessed by the area served, thus the cost of this line should be prorated to the fire station site and to the remaining area of the parcel. If this work is included in the fire station project contract, the city should reimburse the fire station account for the sewer cost associated with serving the remaining parcel. This cost would be with Capital Improvement Funds as mentioned in the earlier memo. ALTERNATIVES: 1. Authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from C.R. 16 to the fire station site and include this work in the fire station plans as an alternate bid item with funding prorated based on acreage served from the fire station account and the Capital Improvement Fund . 2. Do not authorize City staff to extend the sanitary sewer line but include that as part of the fire station project. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension to the fire station site and include this work in the fire station plans as an alternate bid item. Funding for the project should be prorated based on acreage served from the fire station account and the Capital Improvement Fund . ACTION REQUESTED: Move to Authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from C.R. 16 to the fire station site and include this work in the fire station plans as an alternate bid item with funding prorated based on acreage served from the fire station account and the Capital Improvement Fund . 100 ►i Bruce Loney/ Public Wor erector BL/pmp FIRE /2. C. 3 MEMO ON TABLE CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeil, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sanitary Sewer Extension-Fire Station DATE: March 4, 1997 INTRODUCTION: The memo is to append the memo contained in the agenda packet for the extension of sanitary sewer for the new fire station. BACKGROUND: One additional alternative needs to be included for Council consideration for the sanitary sewer extension for the fire station site. This alternative is for the sanitary sewer extension plans to be included with the fire station plans and specifications as an alternate bid item. The procedure for including this work in the fire station plans would be as follows: • Direct staff to prepare plans and specifications for the sanitary sewer extension to the fire station site. • Include plans and specifications in an addendum to the fire station plans and specifications as an alternate bid item to the project. • Open bids on March 27, 1997 and determine if bid received for the sanitary sewer work is acceptable or not. • If bid is not acceptable, the City would have to obtain separate bids and issue a separate contract to install this sanitary sewer. This sanitary sewer would serve the entire parcel, not just the fire station. Sanitary sewers are usually assessed by the area served, thus the cost of this line should be prorated to the fire station site and to the remaining area of the parcel. If this work is included in the fire station project contract, the city should reimburse the fire station account for the sewer cost associated with serving the remaining parcel. This cost would be with Capital Improvement Funds as mentioned in the earlier memo. ALTERNATIVES: 1. Authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from C.R. 16 to the fire station site and include this work in the fire station plans as an alternate bid item with funding prorated based on acreage served from the fire station account and the Capital Improvement Fund . 2. Do not authorize City staff to extend the sanitary sewer line but include that as part of the fire station project. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension to the fire station site and include this work in the fire station plans as an alternate bid item. Funding for the project should be prorated based on acreage served from the fire station account and the Capital Improvement Fund . ACTION REQUESTED: Move to Authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from C.R. 16 to the fire station site and include this work in the fire station plans as an alternate bid item with funding prorated based on acreage served from the fire station account and the Capital Improvement Fund . Ake ►i Bruce Loney/ Public Wor erector BL/pmp FIRE i�• C • 3 . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Sanitary Sewer Extension-Fire Station DATE: March 4, 1997 INTRODUCTION: The new fire station project is moving forward with the plans and specifications approved by Council at the February 18, 1997 meeting and bids will be received shortly. This agenda item is to request City Council authorization to extend the sanitary sewer from County Road 16 (C.R.)to the new fire station site. BACKGROUND: The fire station site is located on a parcel approximately 14 1/2 acres in size and abuts C.R. 16 and Vierling Drive. In order to serve the fire station with sanitary sewer, a sanitary sewer line must be extended from C.R. 16 to the fire station site. The fire station site is approximately 5 acres and located in the southerly end of the 14 1/2 acre parcel. The recently approved plans and specifications does not have a sanitary sewer extension included in the project. A sanitary sewer extension from C.R. 16 would serve the entire 14 1/2 acre parcel as well as the fire station. This agenda item is for Council authorization to have the Engineering Department design a sanitary sewer extension from C.R. 16 to the fire station site, and proceed with obtaining quotes and/or sealed bids to construct this line as a separate project. Staff has consulted with the City Attorney on the possibility of adding a change order to the trunk sewer extension project on the south side of the Shakopee Bypass. The Attorney has advised us that this change order can not be added and the City would need to follow the municipal uniform bidding law and either obtain quotes and/or sealed bids in order to construct the project. The most current Engineer's estimate for the construction of this sanitary sewer extension would range from just under $25,000.00 to approximately $35,000.00. Any project estimate cost over $25,000.00 must have sealed bids. The City Finance Director has recommended that this project be funded with Capital Improvement Funds, as this is a capital expenditure serving City property. The City Engineering staff has done preliminary engineering design on the remainder of the parcel, as a multi-residential development in order to locate the sanitary sewer alignment. Staff will present a drawing showing one alternative for multi family development and sewer extension as well as potential Minnegasco 6" gas transmission line relocation at the Council meeting. Staff has contacted Minnegasco and has obtained the preliminary costs for gas line relocation and these are as follows: • The fire station gas line relocation would cost approximately $12,000.00. • Relocation of the gas main on the remaining parcel, in order to make the parcel more developable and as shown on the attached drawing is $28,000.00. • Minnegasco engineering estimates that $7,500.00 of this estimate is duplication costs that could be shared, if the relocation was done at the same time versus separately. These duplication costs include the shut down costs for the transmission line and mobilization of the construction crew. At this time staff would recommend that the gas relocation for the remaining parcel not be done until the City determines what the future use of the remaining parcel will be. Staff will design the sanitary sewer line to allow the most flexibility for City Council in determining the use of the property. ALTERNATIVES: 1. Authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from C.R. 16 to the fire station site, and funding of this sewer line extension be expended out of the Capital Improvement Fund. 2. Do not authorize City staff to extend the sanitary sewer line but include that as part of the fire station project. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension to the fire station site and that funding for the project be expended from the Capital Improvement Fund. ACTION REQUESTED: Move to authorize the City Engineer to prepare plans and specifications for a sanitary sewer extension, from County Road 16 to the fire station site, and funding for this project be expended from the Capital Improvement Fund. Ate Bruce Loney Public Works Director BL/pmp FIRE /.LC . y. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Mark McNeill, City Administrator SUBJECT: Authorize the Advertisement for Public Works Maintenance Worker DATE: March 4, 1997 INTRODUCTION: Staff is requesting City Council authorization to advertise for a maintenance worker in the Public Works Department to fill a vacancy that currently exists. BACKGROUND: At the January 21, 1997 City Council meeting, the Council approved two motions in regard to hiring a maintenance worker for the vacated position due to the promotion of Michael Hullander to the Public Works Supervisor position. These motions are as follows: • 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. • Approve a motion from the applicant's existing applicant list. Staff has reviewed the applicant list with Scott County personnel and due to the fact that we have a new Public Works Supervisor, and that the applicant list is over six months old, staff has come to the conclusion that it is best to readvertise for this position. The readvertising costs for this position, since it is only advertised in the Southwest Suburban Publication and the Mint, is under $100.00. At this particular time staff feels that it is best to readvertise due to the reasons mentioned previously. ALTERNATIVES: 1. Authorize staff to readvertise for the hiring of a Public Works maintenance worker. 2. Do not authorize staff to readvertise at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to readvertise for a Public Works maintenance worker, utilizing Scott County personnel. ACTION REQUESTED: Move to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hiring of one maintenance worker for the Public Works Department. 47" tor Bruce Loney Public Works Director BL/pmp HIRE / 2 . .. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Authorize Hiring of Police Officer DATE: February 24, 1997 INTRODUCTION: The Police Department is requesting authorization to hire Craig Greenwald as a probationary police officer. BACKGROUND: Detective Don Bisek retired on January 31, 1997. This action brought the number of sworn officers employed by the Police Department to 21. The 1997 Police Budget augmented by 2 COPS FAST grants contains funds to employ 22 sworn officers.. The Shakopee Police Civil Service Commission has conducted the necessary testing, established an eligible list for the position of police officer and has certified the names of the three candidates standing highest on that list. The certification of the top three candidates is attached to this memo. The 1996 Union Contract establishes$2,611.73/mo. as the starting wage for police officers. Craig Greenwald is the number one candidate on the eligible list. ALTERNATIVES: 1. Authorize hiring Craig Greenwald 2. Authorize hiring Leann Hrncir 3. Authorize hiring Abigail Hammond 4. Authorize hiring no one. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Authorize hiring of Craig Greenwald as a probationary Shakopee Police Officer at a monthly rate of $2,611.73 subject to the satisfactory completion of pre-e+mployment medical and psychological testing and the customary 12 month probation period. TO: City of Shakopee Honorable Mayor and Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT: Certification - Top Three Candidates DATE: 02 04 97 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing has established an eligible register for the position of Shakopee Police Officer. The names of the top three candidates and their final scores are hereby submitted for your consideration. 1. Greenwald, Craig 42. 0 2 . Hrncir, Leann 41.0 3 . Hammond, Abigail 37.4 Signel, F_. IL, V , a Marcia Spagnolo, Pre ident Shakopee Police Civil Servi Commission CITY OF SHAKOPEE /2 . 0• • Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Police Chief SUBJECT: Towing Contract DATE: February 28, 1997 INTRODUCTION: The Council is asked to consider award of towing contract to Shakopee Towing, Inc., for 1997-98. BACKGROUND: Over the past several months, City Council considered several changes in the specifications for towing contract for the City of Shakopee. After careful consideration, the Council was determined that specifications would be changed to increase the amount of indoor and outdoor storage required to be provided by the contractor, a small increase in the number of attended hours to make it more accessible to the public, and put in writing the need for a wrecker large enough to lift a semi. Once those specifications were adopted, advertisements were made. Bids were opened on February 20, 1997. The only bidder that responded was Shakopee Towing, Inc. Shakopee Towing, Inc. has been the provider of towing services recently for the City. FINANCIAL IMPACT: The proposal from Shakopee Towing, Inc., is attached as the "Agreement". Their rates are unchanged from the existing contract. RECOMMENDATION: I recommend that the proposal of Shakopee Towing, Inc. be accepted. ACTION REQUIRED: If Council concurs, it should,by motion, award a towing contract to Shakopee Towing, Inc., for the period April 1, 1997 to December 31, 1998. •T { �. Tom Steininger, PoliceeChie� AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the City of Shakopee, and .� .1 -` QL��,� ` , hereinafter referred to as the "Contractor. " C-. WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW THEREFORE, the parties heretofore, in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him. 2 . The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a week, holidays included. 3 . The contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: i ment: P � A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8,000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment capable of uprighting and towing a loaded semi tractor-trailer combination; and 1 C. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4 . All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state and building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of four (4) vehicles inside and facilities capable of storing a minimum of twenty (20) vehicles outside. It is further agreed that vehicles need be stored inside only when so directed by an autilorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7 . The Contractor shall be solely responsible for the loss of damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its 2 agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8 . The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9 . All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or its employee must be present at the Contractor's parking facility or on call at least between the hours of 8 : 30 a.m. and 5: 30 p.m. , Monday through Friday, and on Saturday from 9 : 00 a.m. to 1: 00 p.m. , and Sunday from 10: 00 a.m. to noon, for the purpose of releasing vehicles to authorized claimants. 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flat tires. 3 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or other debris resulting from the accident. 12 . The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor's storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. 1. Towing Charges: Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can besec�uzed for towing with the usual type of winching. L. .5 Type II, all tows which involved a vehicle which is not on or immediately adjacent to a public street or alley or which requires an unusual amount of winching to secure it for towing by one tow uck or the use of a dolly to tow the vehicle. -20C)-3) Type III, all tows which involve a vehicle that requires, and for which a specific re.guest has been made, two or more tow trucks. 9ob'� minimum. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. 2 . Administrative Fee. A minimum ) Q administrative fee will be added to all tows. 4 B. Towing of Large Vehicles. Towing of vehicles of mgre than five (5) ton factory rated capacity. �'I�� �� minimum. C. Reclaimed Vehicles at Scene. If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges. 1. Twenty-four (24) hours or f.,zaction thereof A. Inside storage J5 - B. Outside storage /66". E. Clean Up Charges. 1. Removing vehicular parts and routine sweeping and clean-up )L)(Y 2 . Removing debris other than vehicular parts, and more extensive clean-up y S--�� hour. F. Unlocking Vehicles: 35`ds G. Vehicle Release. The release of vehicles will be conducted during posted normal working hours. A release requested after normal working hours will be charged an additional service call fee of o9 S 13 . The City shall not be responsible to the Contractor for the payment of any charge for towing, storage, clean-up, and/or unlocking vehicles. 14 . Should the Contractor fail to appear at the designated point to tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to 5 another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 15. This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth and effect with respect to all operations os the Contractor. The Contractor agrees to furnish to the City a copy of its policy or policies which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Public Liability Insurance including general liability, automobile liability as follows: 1. Bodily Injury Liability in the amount of at least $600, 000 for injury or death of any one person in one occurrence. 2 . Bodily Injury Liability in the amount of at least $600, 000 for injuries or death arising out of any one occurrence. 3 . Property Damage Liability in the amount of at least $50, 000 without aggregate limit for any one occurrence. Such property damage insurance shall include coverage for property in the care, custody, and control of the Insured. 4 . Garage Keepers' Legal Liability policy in the amount of at least $30,000. Each of these policies shall carry an endorsement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker's Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker's Compensation Law. 6 C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 16. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 17 . The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws g ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 18 . It is mutually understood and agreed that no alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19 . In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this a Agreement forthwith. 20. This Agreement shall be for a period from April 1 , 1997 to December 31, 1998 , provided that either party may terminate the same without cause by giving ninety (90) days' written notice to the other. 7 21. A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. 8 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day any year first above written. CITY OF SHAKOPEE: Its Mayor Its Clerk Its Administrator CONTRACTOR: By pkcJ Q QCI')LAY r..0-\ C• Revised 01/14/97 9 INVITATION FOR PROPOSALS TOWING CONTRACT NOTICE IS HEREBY GIVEN: The City of Shakopee is advertising for proposals for a two (2) year contract to provide towing, impounding, and storage of motor vehicles. The vendor, equipment and storage facility must be located within the City of Shakopee. Proposal specifications may be obtained at City Hall, 129 Holmes Street South, Shakopee, MN, 55379 or at the Shakopee Police Department, 476 Gorman Street, Shakopee, MN, 55379. Proposals will be opened on February 20, 1997 at 10:00 a.m., in the Council Chambers at City Hall. The City of Shakopee reserves the right to reject any or all proposals, to waive irregularities and to award the contract in the best interest of the City. When proposals are submitted, the outside of the envelope should be marked "Towing Proposal". Judith S. Cox City Clerk City of Shakopee Publish in the Shakopee Valley News: 1/30/97 i:\clerk\judy\towingad CONSENT 12 . E 1. MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor License - Church of St. Mary's DATE: February 25, 1997 INTRODUCTION AND BACKGROUND: St. Mary's Church has made application for a temporary on-sale intoxicating liquor license for March 16, 1997. They desire to be able to provide wine during their First Annual Irish Dinner at the school hall on March 16th. I have consulted with the Chief of Police regarding this application. He advised that the impact on law enforcement would be minimal because the activity that will be taking place is within a controlled environment. Their application and insurance certificate are in order. RECOMMENDED ACTION: If Council desires to issue the temporary liquor license: Move to approve the application and grant a temporary on-sale liquor license to the Church of St. Mary's, 535 S. Lewis Street for March 16, 1997. j C t Clerk h jud)A icenses\stman's Th�zxoo / 2 . iE. ;2, . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Nominations and Appointments to Boards and Commissions DATE: February 27, 1997 INTRODUCTION: Attached for City Council consideration is Resolution No. 4627 which fills additional vacancies on boards and commissions. BACKGROUND: After City Council filled expiring terms on boards and commissions at their last meeting, there still remained a couple of openings. We continued to advertise for those openings both in the Shakopee Valley News and on cable television. Todate we have received two additional applications for the two boards relating to cable and expect to be receiving a third. The interview committee will be meeting with all three candidates and will be making a recommendation which will be placed on the table Tuesday evening. In addition to the interest in the cable positions, I have been advised by Mr. Gene Juergens that he would be willing to be considered for re-appointment to the Housing Advisory and Appeals Board and the Building Code Board of Adjustment and Appeals. These are five member boards that meet very infrequently, as needed. There are currently three members on the boards and the appointment of Mr. Juergens would fill the fourth position. OPENINGS: Cable Communications Commission (5 member board) One opening - unexpired term of Steve Smith currently being filled by Councilor Sweeney Community Access Corporation Board (Minimum 7 member board) Two openings - 1. unexpired term of Steve Smith currently being filled by Councilor Sweeney 2. position previously held by a representative of Paragon Cable. They do not care to have a representative serve, see attached. Nominations and Appointments to Boards and Commissions February 27, 1997 Page -2- Councilor Sweeney has asked to remain on the Access Corporation Board until 2/28/98, so that he can be part of the Board through an entire financial cycle, to culminate with the 1997 Annual Financial Report. He could fill the seventh position that was previously held by a representative from Paragon Cable. In the past we have had difficulty filling six positions plus the cable company representative. At this point we appear to have two and possibly three (if we get an additional application) candidates interested in one position. A minimum of seven members could be appointed to the board, according to the franchise ordinance, see excerpt attached. However, the proposed amendment to the Corporation's By-Laws sets the membership on the Board at: not less than four (4) nor more than seven (7) . It might be best to limit the membership to seven to be consistent with the By-Laws. RECOMMENDATION: It is recommended that all candidates be nominated to the boards for which they have applied followed by a ballot where necessary. After the successful candidates have been determined, Resolution No. 4627 should be adopted. RECOMMENDED ACTION: 1. Concur with the request of Councilor Sweeney and move that he be allowed to continue to serve on the Access Corporation Board until 2/28/98. 2. Nominate Barbara Banios and Trish Grose to the Cable Communications Commission and to the Community Access Corporation Board. 3. Nominate Gene Juergens to the Housing Advisory and Appeals Board and to the Building Code Board of Adjustment and Appeals. 4. Determine by ballot who will be the successful candidate for the unexpired term on the Cable Communications Commission. 5. Determine by ballot who will be the successful candidate for the unexpired term on the Community Access Corporation. 6. Offer Resolution No. 4627, A Resolution Appointing Individuals to Various Boards and Commissions, and move its adoption. Judith S. Cox, City Clerk RESOLUTION NO. 4627 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 Cable Communication Advisory Commission to fill the unexpired term of Steven Smith ending February 28, 1999. 2. is appointed to the Community Access Corporation Board of Directors to fill the unexpired term of Steven Smith ending February 28, 1999. 3. Bob Sweeney is appointed to the Community Access Corporation Board of Directors for a one year term expiring February 28, 1998. 4. Gene Juergens is appointed to the Housing Advisory and Appeals Board and the Building Code Board of Adjustment and Appeals for a three year term expiring February 28, 2000. Adopted in Regular 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 CITY OF SHAKOPEE M mmomilum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Cable Groups DATE: February 28, 1997 There are two cable related groups: 1) Cable Communications Advisory Commission Made up 5 members Oversees the cable franchise ordinance Meets as needed Hasn't met since last spring Current Members: Brian Freeman Lisa Hill Ken Scannell Don McNeill Bob Sweeney, pro tem 2) Community Access Corporation Board of Directors (7) Serves the citizens through the use of the studio, programming and the access channel Has been meeting monthly Current Members Brian Freeman Lisa Hill Ken Scannell Don McNeil Bob Ziegler, Treasurer Bob Sweeney, pro tem 7th member has been a representative from Paragon. They do not wish to send a representative at this time. (Could appoint Mr. Sweeney for one year leaving one opening on each of these boards for another interested citizen. ) CURRENT MEMBERS February 1997 COMMUNITY ACCESS CORPORATION BOARD OF DIRECTORS CABLE COMMUNICATIONS ADVISORY COMMIISSION Actt,eSS TERM EXPIRES NAME &ADDRESS APPOINTED 2/28/98 Ken Scannell 1/22/92 1245 East Shakopee Avenue Shakopee, MN 55379 2/28/99 Don McNeil 2/20/96 1101 Nanmkeag Shakopee, MN 55379 a 2/28/00 Bryan Freeman 2/18/97 1076 Miller Street Shakopee, MN 55379 2/28/ae 9g Lisa Hill 2/18/97 105-1/2 South Lewis Shakopee, MN 55379 2/29/9S 19 Bob Sweeney(Pro Tem) 506 South Holmes Street Shakopee, MN 55379 NOTE: All Cable Commissioners also serve on the Access Corp. plus: 2/28/00 Robert Zeigler 445-3078 h 1/31/91 1077 Merrifield 887-2671 w Shakopee.MN 55379 EXCERPT FROM CITY OF SHAKPEE FRANCHISE ORDINANCE similar portion of said payment shall be refunded by Gran' C. If any subscriber terminates, for personal reasons, any monthly service prior to the end of a pre- paid period, an amount of the prepaid subscriber service fee proportionate to the number of days remaining in the prepaid period shall be refunded to the subscriber by Grantee. There shall be no refunds for less than thirty (30) days time. 8. 14 Community Access Corporation. In accordance with Minnesota law, an independent non-profit corporation, termed the Community Access Corporation (CAC) may be formed to manage the use of public access and other community channels of the System. City may appoint no less than seven (7 ) persons with broad representation of the City' s educational , cultural , social , community and business organizations . Not less than one (1 ) of Grantee' s representatives shall be included on the initial Board of Directors . The CAC Board of Directors shall, within sixty (60) days of incorporation and appointment by City, submit to City a plan and rules for the management, operation and use of public access and community channels . -68- KCSo5 , D C14V- � G� o 3 s --`j � /NN()A / P 2 . 156 Quorum: Ten members or more in good standing shall constitute a quorum of the membership at the annual meeting. (Amended March 5, 1997 . ) 2 .157 Parliamentary Procedures : All procedural matters not specifically outlined in the by- laws shall follow Robert' s Rules of Order, Newly Revised. 2 .2 Board of Directors The Board of Directors shall serve without pay. The Board exercises the responsibilities and powers of a non- profit/tax-exempt corporation and takes necessary action to protect that status. The Board also provides direction on Corporation policies, operations, and activities to any staff persons who are hired by the Corporation. Board members assist in gaining access to human, material, informational, and financial resources necessary for corporation activities and/or direct staff in these endeavors . 2 . 21 Membership The Board shall be composed of not less than four (4) , nor more than seven (7) persons appointed by the Shakopee City Council from among the members of the corporation in good standing. Each member of- the Board shall serve for three years and may be reappointed for an unlimited number of terms . Terms of the Directors shall be staggered to provide continuity. Mid-term vacancies on the Board shall be filled for the remainder of the open term by Council appointment . Not less than one (1) of the Cable Company' s representatives may be included on the Board of Directors, nominated and appointed by the Cable Company. (Amended March 5, 1997 . ) 2 .22 Appointment Members in good standing and interested in appointment to the Board of Directors shall place their names in nomination for appointment by the City Council . The representative of the Cable Company shall be appointed by the company. If there are more openings than qualified applicants, the Council shall appoint any member in good standing of the corporation to fill a Board vacancy. The Council shall make appointments at 3 _ . ,;,ir, . ..uoed Todd Hoffman from the •'", • A) who then explained the Recreation and Park Association Excellence to the City ofla Shakopeepurpose and god of the MRPA and presented the Award of Accepting the Award were: Bill rmerskirchen,d the aJack Cole and CoRotary nnieb oRoerih.r the Trail Kiosk Project. Sweeney/Zorn moved to accept the resignation of Mr. Steven Smith from the Shako Communications Commission and from the Board of Directors of the ShakopeeCommu Shakopee ccess Corporation, Inc. Motion carried unanimously. mty Access ble Mark McNeil requested permission to fill the vacancies on the Shako Commission and the Board of Directors of the Shakopee CommunityAccessCable Communications Corporation. Link/DuBois moved to appoint Robert Sweeney to the Shakopee Cable Communications Commission and the Board of Directors of the Shakopee interim until the vacancies are advertised and Community Access Corporation in the unanimously. permanent members are appointed. Motion carried Sweeney/Zorn moved to schedule a special meeting to accept the EAW for publication AD Telecommunications, Inc.) on August 15, 1996. C Sweeney/Zorn moved to amend the motion to set the time at 5:00 P.M. Motion carried unanimously. The main motion as amended carried unanimously. Mayor Henderson asked if there was anyone present in the audience who wished to the reports that they had received relating to their tobacco violations speak regarding who wished to speak. There was no one present Sweeney/DuBois offered Resolution No. 4485, A Resolution Imposing A Penal o Inn - Best Western for Tobacco Violations, and moved its adoption. ty nCan ��� Cncl. Zorn moved to amend the Resolution to suspend the $200.00 fine for died for lack of 2nd. six months. Motion Motion carried 4-1 with Cncl. Zorn opposed. DuBois/Link offered Resolution No. 4486, A Resolution Imposing A Pe Supper Club for Tobacco Violations, and moved its adoption. Motion carried unarumo sl y. Spring Link/Sweeney offered Resolution No. 4487, A Resolution Imposing A Penalty on Main Event Sports Bar for Tobacco Violations, and moved its adoption. s — PARAGON C A B L E Kim M. Roden, Vice President of Public Affairs August 5. 1996 Mr. Mark H. McNeill City Administrator City of Shakopee 129 Holmes Street South Shakopee, Minnesota 55379 Dear Mr. McNeill : Several of my staff have been contacted by Shakopee Community Access Corporation Board Chair, Don McNeil . in the last week about getting involved with the Shakopee Community Access Corporation Board of Directors to deal with personnel and board functioning concerns. Although Paragon is eligible for a position on the board. we feel it is inappropriate to get involved at this time. with these issues. Paragon Community Programming Manager. Lance Leupold, has responded to Mr. McNeil 's contacts and asked that he direct future questions and calls to Mr. Leupold or myself. I feel it is important for you to know of these communications and our perspective as the Shakopee Community Access Corporation was formed by the City of Shakopee and is the responsibility of the City of Shakopee. Should you have questions about this and related matters, please do not hesitate to call me at 522-5200 or Lance Leupold at 287-3611. Thank you. Sincerely. ts Ki Roden Vice President. Public Affairs CC: Don McNeil 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 FAX 612/521-7626 A rime Worne,Inc. Cccmpuny TOTAL P.02 Name : I.C.Lri Address: Slchd a Phone: (H) (B) Y8i �'S How long have you been a Shakopee Resident? / 3 G1e4 rJ Occupation: Ofti c2, Does your work require you to travel? (Check one) A great deal Periodically k Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate heet if necessary) 4e/Jvze - X e A .SEG Board or Commission in which you are interested? &CeiS ar/avriIivh &22ta' 4 aia0A7 i;c ,Lr ' Zs,tav Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: -----714aid1 - ;11 I j I jletey/ y Ay 2/J 4,-)Ad 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 If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . d?ack cAae 2o ,/aoj1r yah, ,)5-s`�ao 2 . -. , s,, w - Ate,,-- /17,V494-69&co 3 . 1;//2 Miers-/ n 3 **0�`jj 34,es C X5377 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . / /PWZ/Z.2 Signature o e7 7 Dat RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Name: Lj Grose. Address : //aS Je, So ,.l SY-- Phone: (H) (B) How long have you been a Shakopee Resident? / t�O , Occupation: 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) , . L.Ne- �u L.1 l��u // i 7//e '111..e../cLoc-• "....4-24)-6*.e 7,077-e /.41_ .€.46.4...e.4„.. L., • Board or Commission in which you are interested? _ . , Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: i 4 -.0e-)44€4- / / I. 7714:4,./2.-1A `y2€ c 4J e�iGG 'ha-04 ArLee- if c Conf t of interest 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 If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . lw� acute � (..Co73 3gg-2292 2 . GtL,,2. , (.Sa7) f3/- ZZ`/ 3 . ' l n" ,C2L4tE 44-G/77 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge . Signature 007 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 2 . City of Shakopee MEMORANDUM TO: Mayor and City Council FROM: Mark McNeill, City Administrator DATE: March 4, 1997 RE: Cable Television Appointments The Council has been asked to make appointments to the Cable Commission and Cable Access Corporation. It will also need to modify the By-Laws proposed in 12 .E. 6 . , elsewhere on this agenda. BACKGROUND: Regarding the number of appointments available, we have conferred with the City Attorney, who advises that the By-Laws as proposed for the Access Corporation are in conflict with the franchise document, and Articles of Incorporation. The By-Laws as proposed, calls for "not less than four (4) , nor more than seven (7) " members . However, the franchise document and Articles of Incorporation state that there shall be "not less than seven (7) " members . A change in 2 .21 of the By-Laws is proposed elsewhere in the agenda, to make the By-Laws consistent with the other two documents. With that in mind, the interview panel interviewed two candidates, both of whom were very impressive. If the Council is agreeable to having more than seven (7) Access Corporation members, the two could both be appointed. The Council could then also accommodate Councilor Sweeney' s desire to remain on the Access Corporation until February 28, 1998 . The appointments would bring the total membership to eight, but we do anticipate a resignation in August from one of the recently appointed members . Both Joel Cole, and Trish Grose, became candidates following the February 18 City Council appointments . A third recent candidate is Barbara Banios. I interviewed her last week, when it was thought that there was still an equal number of vacancies to candidates. I recommend her as the fifth member of the Cable Commission, with an unexpired term of Steven Smith to end February 28, 1999 . RECOMMENDATION: Assuming that the Council has amended the By-Laws as recommended, I would recommend the following appointments be made to the Cable Access Corporation: Robert O. Sweeney, term expires 2/28/98 Trish Grose, term expires 2/28/99 Joel Cole, term expires 2/29/2000 Appoint to the Cable Commission Barbara Banios, term expires 2/28/99 . ACTION REQUIRED: If Council concurs, it should offer Resolution No. 4627, a Resolution Appointing Individuals to Various Boards and Commissions, and move its adoption. Mark McNeill City Administrator MM:bjm [MCNEILL.MEM] -2- RESOLUTION NO. 4627 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. Bob Sweeney is appointed to the Community Access Corporation Board of Directors for a one year term expiring February 28, 1998. 2. Trish Grose is appointed to the Community Access Corporation Board of Directors to fill the unexpired term of Steven Smith ending February 28, 1999. 3. Joel Cole is appointed to the Community Access Corporation Board of Directors for a three year term expiring February 28, 2000. 4. Barbara Bathos is appointed to the Cable Communication Advisory Commission to fill the unexpired term of Steven Smith ending February 28, 1999. 5. Gene Juergens is appointed to the Housing Advisory and Appeals Board and the Building Code Board of Adjustment and Appeals for a three year term expiring February 28, 2000. Adopted in Regular 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 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as rolJ.ows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p .m. Economic Development Authortity 2nd & 4th Wednesdays at 6:00 p.m. Cable Communications Commission Quarterly, or as needed Community Access Corporation Board on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 :00 p.m. 2 to 3 Tuesdays in May Name : C�, 6)6y Address : /07U eMTV/6't eiie. /00:4ya Phone : (H) (0) (F 96 a?/,765. (B) 674 r- C -3s 0 How long have you been a Shakopee Resident? Occupation: ,(':e54r-,' E necii,4e' it man' tv/S/Icr� ,c. .s`it4r..SO4%-4 ecv-zein4k5r 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)1 0c#1 :4 '4. 47e, 6~ /'(s 4uacd iii M4J694 Sere-'/ ias,%:es s C c efe (' ,au d;ai oath-gy/ lia ,401 /4/A491-, ha-S /liC✓—jed Nil Gt4/4 e yA-(1rote evi 4.te .t✓74 evii44 (-Q 0.4,44e,4 55:ie 3 a••,1 /•-ti t74 1,71:-01 7/i, 4K/�✓ • Board or Commission in which you are interested? �)6/.a'I�'1/7 , _ i 14-cCeSS C'irR/O.0 ioA) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 2 f/(-9,,i(e 77& A.,1t ct,44-5.7 Cur i'0 Se /fit 0 V;5. r�1 • +' '4 4 4iit el 6'4'e ih Car (le-min r a, -—l2i►a?4t17 m.:,ie nfrw,-,t ff; 5� cst(/y , a,(0/ or-451 e ug", 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 list three references (Name, Address, Phone) : 1 .- /9GeL /�YiAV 103Sir S%V;Firc/ {"'ins°. ,5- 4/v/&,i 55371 1741) - 4/.'O 2 . ,?chi S �=�;�� Olv - e-(//..14465 t44 S rbkeeii M'1 S 37 L.1 — )ci?/3 3 - (3 ueL zc fed g'4ti 5. !-a,S S' 1w/ /WI/ 537/ 41.96.-,2YE 7 I hereby certify that the facts within the foregoing application are ue and c rest to the best of my knowledge . Sig to e ..:Q-47-c/ 7 Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CITY OF SHAKOPEE BOARDS AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1 . I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission.� ( YES / C NO 2 . I agree to read the agenda material provided prior to the Board/Commission meetings so that I am prepared to participate in discussion. YES 'x ` NO 3 . I agree to read and use the attached "How To Aid Discussion By Asking the Right Questions" to enhance my performance as an active Board/Commission� member. ( YES ( \ NO 4 . I agree to offer discussion on the pros and cons of the policy/issue being discussed and agree to refrain from personal criticism directed toward citizens, applicants, fellow Board/Commission members and staff . YES X NO 5 . I acknowledge the City' s requirements regarding attendance (Outlined in Section B, Subparagraph I) and understand that I can be removed from a Board/Commission because of poor attendance. YES NO 6 . I agree to call City Hall to notify the appropriate staff person when I cannot attend a regularly scheduled meeting. X YES NO 7 . I agree to refrain from voting on issues where I have a conflict of interest . Y YNO API 6, App - .t Signature 4111L2/2- rAT Date Joel Michael Cole 1070 Eastview Circle Shakopee, MN 55379 (612) 496-2705 EDUCATION University of Minnesota, 1990 to Present University of St. Thomas, 1988 to 1990 Gmtagjogv Studentar SkiIli, 1986 to 1987 TEACHING EXPERIENCE Community Education Teacher, Develop and teach youth and adult classes in creative writing. Shakopee Community Education Dept. Edit student writing for publication in local and regional Shakopee,MN publications. September, 1995 to present. Contract Teacher, Develop and teach experimental art and music classes to Carver/Scott Educational Cooperative students with special needs. Chaska, MN September. 1994 to present. English Teacher, Assisted in development of ESL curriculum on American Fl royar Landskulafyrisiting poetry and short stories. Assumed lesson plans for absent Klaksvik, Faroe Islands teachers. Extensive work with 3rd & 4th grade students. August, 1988 to January. 1989. including travel, supervision, and game-creation. OTHER WORK EXPERIENCE Program Specialist, Establish short and long-term goals for developmentally Mains'1 Services, Inc. challenged clients. Implement goals through social programs, Minneapolis, MN administration of medication and coaching of daily living August, 1992 to present skills. Fabricator, Under self-direction, read and deciphered prints for technical Mid-America Plastic, Inc. cabinetry, duct work, and other fabrication. Duties included Shakopee. MN requisitioning, machining, and assembling finished product. March. 1991 to June. 1992 Senior Office Specialist, Assisted director with project development and completion, Institute of Human Genetics ranging from department memos to committee reports. Minneapolis. MN Maintained and ran computers, including spreadsheet and January, 1990 to March. 1991 networking. General office duties. PUBLICATIONS Creative works have appeared in the following publications: The Edge, Scriveners Rampant Journal, Shakopee Valley News, The Ebbing Tide, Land og Folk (Faroese), and Skeggin (Faroese). Journalistic works have appeared in the Shakopee Valley News. VOLUNTEER EXPERIENCE President, Co-founded an organization dedicated to the promotion of Shakopee Community Arts Council artistic awareness and appreciation in the Southwestern Shakopee.MN suburban region. Responsibilities include organizing the local October, 1995 to present. arts festival,grant writing, and volunteer coordinating. Director, Founded a literary community which services local writers Scriveners Rampant Literary Community with a monthly writing group and a quarterly poetry and prose Shakopee,MN journal. Responsibilities include organizing meetings, May, 1993 to present. co-editing submissions, and overseeing publication. Member, Member of a community roundtable discussing the future Shakopee Education Advisory Council vision of the Shakopee Community Education Department. Shakopee,MN November, 1995 to present. Member, Member of an advisory council fostering the development of High School Business Advisory Council business curriculum within the local high school. Emphasize Shakoph.MN the creative use of computers to stimulate learning within the July, 1995 to present. business environment. Recreation Volunteer, Implemented evening activities for developmentally Hammar Residences challenged residents. Wayzata. MN September, 1984 to May, 1988. FAROESE VOLUNTEERISM ESL Tutor, Assisted Faroese children and adults with conversational Klaksvik Community Education English, and with spelling and grammar. Klaksvik.Faroe Islands August. 1988 to January. 1989. National Track & Field Coach, Organized, recruited, and trained the Faroese national track Faroese Sports Federation and field team for the international "Island Games." Toftir, Faroe Islands May. 1989 to August. 1989. SKILLS Extensive computer experience (includes desktop publishing) Extensive language skills (Fluent in Faroese. proficient in Danish& Norwegian) Academic research background l E. 3, CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Parsons Brinckerhoff- Consulting Contract Extension DATE: February 26, 1997 INTRODUCTION: The Council is asked to extend the agreement with Parsons Brinckerhoff for consulting planning services. BACKGROUND: In August, 1996,the City entered into an agreement with Parson Brinckerhoff for consulting planning services. Parsons Brinckerhoff was the firm which hired former Community Development Director Paul Bilotta. Paul has provided both planning, and computer services through Parsons Brinckerhoff, at a rate of$71.00 per hour. The original term of the contract was six months,which is set to expire February 26th. That should be renewed. RECOMMENDATION: We recommend the agreement with Parsons Brinckerhoff be extended for 1 year,to provide consulting work as needed. ACTION REQUIRED: If the Council concurs, it should,by motion, approve the extension of the agreement with Parsons Brinckerhoff for consulting planning services,to expire March 4, 1998. Mark McNeill City Administrator MM:tw CONSULTANT CONTRACT THI CONTRACT, made and entered into this 00 — day of A 1996, 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, and Parsons Brinckerhoff, hereinafter referred to as the "Consultant" with offices at 10 Second Street N.E. , Suite 209, Minneapolis, MN 55413-2236 . WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain technical and professional services hereafter described in connection with a project 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 forth8nnection 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 commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A. 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 . 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 seven (7) days before the effective day of such termination. City may without cause terminate this contract upon fourteen (14) days prior written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 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 2 made available to any individual or organization by the Consultant without prior written approval of the City. 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 arising out of Consultant' s negligent or wrongful acts or omissions . 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. 3 17. Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. PARSONS BRINCKERHOFF CITY OF SHAKOPEE, MINNESOTA B - ' . .C2-)C ,__ By te -for e President & District Manager ,f BY A1C City Administrator By , 4 Ci C erk [CONSULT1] 4 EXHIBIT A Parsons 10 Second Street NE BrinckerhoH Suite 209 = Minneapolis,MN 55413-2236 — — 612-378-0019 Fax:612-378-9423 YEARS CONSULTING AGREEMENT Client: City of Shakopee, Minnesota (Owner) Address: City Hall 129 Holmes Street South Shakopee, Minnesota 55379 RE: On-Call Consulting Services In accordance with our cost proposal attached as Exhibit A, Parsons Brinckerhoff Quade & Douglas, Inc. (PB) agrees to assign V. Paul Bilotta, Senior Planner, to provide the following Services: • Professional planning • Assistance in the management and administration of selected projects Paul Biotta will report to Mark McNeill, City Administrator. PERIOD OF PERFORMANCE Services will be provided on an as-needed basis as determined by the Owner commencing upon PB's receipt of notice to proceed and extending for a six (6)-month period which may be extended by mutual agreement of Owner and PB. It is estimated that Paul Bilotta will be available for this assignment an average of twenty (20) hours per week over the effective duration of this Agreement. COMPENSATION Services will be provided on an hourly basis as stipulated in Attachment A to include all direct and indirect labor and overhead costs plus margin. Direct out-of-pocket expenses will be invoiced at actual cost. On those occasions when it becomes either necessary or expeditious to do so , Paul Bilotta will work out of the City offices; in which case, accommodations and support services will be provided by the Owner at no cost to PB. INVOICES Invoices will be issued monthly and will be substantiated by standard PB time sheets and expense reports. TERMINATION This Agreement may be terminated by either party hereto upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. This Agreement may also be terminated by the Owner for its convenience or because the project has been permanently abandoned, but only upon fourteen (14) days written notice to PB. \work\admin p6222a Over a century oma! Engineering Excellence =__ ••AM In the event of termination, PB shall be compensated for all services performed and costs incurred upon to the effective date of termination for which PB has not been previously compensated, plus termination expenses reasonably incurred. Upon receipt of notice of termination from the Owner, PB shall discontinue the services unless otherwise directed and upon final payment from the Owner deliver to the Owner the required number of copies of all data, drawings, reports, estimates, summaries, and such other information and materials as may have been accumulated by PB in the performance of this Agreement, whether completed or in process. LIABILITY PB's liability shall not exceed the fee that it receives hereunder, and it shall in no event be liable in contract, tort, or otherwise, for any indirect or consequential damages, including but not limited to loss of profits, loss of use, loss of revenue, loss of capital, loss of goodwill, or any other incidental or consequential damages arising out of its performance of the Services. Please acknowledge your acceptance of the terms of this Agreement by signing both copies and returning one to the undersigned. PB's receipt of a signed copy constitutes its Notice to Proceed. Very truly yours, Parsons Brinckerhoff Quade & Douglas, Inc. By. . Q62•"•41.4"•3*-- Joh . Claussen, Vice President, District Manager Acknowledged and Accepted: City of S •.ee ®� By: /' nj/ 'i.9r � V.ZirArc,e, itle) ) c:\work\admin\cp6222a 2 Over•afnf.ry of Engineering Excellence FEB. -18' 97(TUE) 12.35 PARSONS BRINCKERHOFF TEL 612 378 0019 P. 002 l00 NEARS ATTACHMENT A COST PROPOSAL FOR ON-CALL CONSULTING SERVICES CITY OF SHAKOPEE HOURLY RATE COMPUTATION Direct Labor: Senior Planner $26.00 Overhead: (Direct Labor x 148.3%) $13.50 Margin: (Direct Labor and Overhead x 10%) Senior Planner Hourly Rate $71.01 Clerical Hourly Rate $36.87 DIRECT(OUT OF-POCKET)COSTS Mileage $0.315/mile Copies $0.10/ea Meals and Miscellaneous Expenses as authoized by the Owner Actual Cost Over a Century of Engineering Excellence j:\prc ects'. tivellg0141consegmt.doc 3 CONSENT CITY OF SHAKOPEE Memorandum /Z ' S TO: Mayor and Council FROM: Mark McNeill, City Administrator SUBJECT: Mark McQuillan Probationary End DATE: February 26, 1997 INTRODUCTION: The Council is asked to consider ending Mark McQuillan's probationary status, and granting him regular employee status. BACKGROUND: Mark McQuillan was appointed as Park and Recreation Director on April 8, 1996. His original probationary end was to have been October, 1996. However, due to my relative new status as his supervisor, I requested an extension of time to further analyze his performance. Council. approved extending his probationary period to March 12th(actually five months, rather than six). He did receive a step increase effective October 8, 1996. As the March 12th date is approaching, Council should consider ending his probationary status, and granting him regular status. RECOMMENDATION: I believe that Mark McQuillan has successfully completed his probationary period, and would recommend that he be granted regular status. ACTION REQUIRED: If the Council concurs, it should, by motion, end the probationary status of Mark McQuillan and grant him full time regular status as Park and Recreation Director, effective March 5, 1997. Mark McNeill City Administrator MM:tw 1111 CITY OF SHAKOPEE Co Memorandum i2 ` . TO: Mayor and Council FROM: Mark McNeill, City Administrator SUBJECT: Community Access Corporation By-Laws DATE: February 26, 1997 INTRODUCTION: The Council is asked to approve the By-Laws of the Shakopee Community Access Corporation, Inc. BACKGROUND: In February, the Shakopee Community Access Corporation considered several changes in its by- laws which brings the group more in line with the expectations and demands of today's cable television customer. It also made changes regarding the size and operation of the Corporation. Highlights include the following: 1. Eliminates classes of subscriber memberships, and the need to pay dues to belong to the organization. In effect, any person who has an interest in non-commercial use of cable television, and who lives in the franchise service area is eligible for membership. 2. It changes to ten the number of members who shall constitute a quorum at the Annual. Meeting -previously, it had been 5%of the total voting members,which would often be very difficult to assemble. 3. The Board of Directors make up is proposed to consist of not less then 4, nor more then 7 members. Previously, it had been at least 5 members, as appointed by the City Council. 4. Changes the date that the Board of Directors take office from February 1st,to March 1st. 5. Board meetings shall be at least monthly,rather than quarterly. 6. Provides that the Chair person shall sign contracts. 7. Provides that the Secretary shall arrange for the recording of minutes, rather than physically record them him or her self. 8. Sets out duties of the Treasurer, including (with the assistance of an accountant) providing for year end financial reports, assist in the preparation of an annual budget, and arrange for the filing of all tax deposits and reports. T1Q3 9. Changes from$100 to $200 items which are considered routine expenditures. 10. Authorizes Board of Directors to enter into contracts. 11. Eliminates the ability of a single Director to deem a program to be in need of censorship. 12. Eliminates standing committees, including education,programming,publicity, and fund raising. 13. Sets forth terms for dissolution, should that be necessary. 14. Eliminates the position of Coordinator. The By-Law changes are attached- items eliminated are shown by strike out; adds are shown by underlines. The final copy will eliminate those editing notations. RECOMMENDATION: The Access Corporation Board of Directors is submitting the amended By-Laws to the membership at the annual meeting of the Corporation on March 5th. According to the By-Laws, City Council must approve any material change to the By-Laws. The Board recommends that the City Council approve the amended By-Laws as drafted. ACTION REQUIRED: If the Council concurs, it should, by motion, approve the changes to the By-Laws of the Shakopee Community Access Corporation, as attached. Mark McNeill City Administrator MM:tw Final : February 7, 1984 As Amended: 3/5/85 As Amended: 11/4/86 As Amended: --/--/97 DRAFT: 02-05-97 BY-LAWS SHAKOPEE COMMUNITY ACCESS CORPORATION, INC. I . PURPOSE: The Shakopee Community Access Corporation, Inc. is a non-profit, tax-exempt community organization formed to serve the citizens of Shakopee, Minnesota through the use of the cable television network franchised by the City of Shakopee. The primary purposes of the Corporation are : 1 . 1 To facilitate, promote, coordinate and assist in public service community programming of benefit or interest to the members of the Shakopee community; 1 .2 To inform and educate members of the community of the potential communication benefits and services which cable television can provide to Shakopee; 1 .3 To provide training and technical assistance that will help the members of the Shakopee community realize the potential of cable television as a source of non- commercial means for communication; 1 .4 To serve as a resource center for information, materials, programming, and equipment; and 1 . 5 To serve as a receiving, holding, and disbursing entity for monies intended for use of the cable television medium. II . Organizational Structure : The Shakopee Community Access Corporation, Inc. is composed of the membership, Board of Directors and Committees or staff necessary for fulfillment of the Corporation' s purposes. 2 . 1 Membership 2 . 111 Have a bona fide interest in the noncommercial use of the video medium. 2 . 112 Bc in oubotantial agrccmcnt with thc objcctivco of thc organization ao oct out in thc articico or of incorporation. 2 . 113 Pay dues as established in these by laws and due no later than the annual mccting or be a cable subscriber in the Shakopee franchise arca. 2 . 11442 Be a person, group, organization or other entity who has residence, business address or school address in the franchise service area. 2 . 12 Membership Privilege Each member in classes 2 . 141 and 2 . 142 in good standing of the Shakopee Community Access Corporation is entitled to vote on motions, resolutions and other appropriate matters that come before the membership at any regular or special the annual meeting. 2 . 13 Tcrm of Membership and Dues 2 . 131 Tcrm: Membership shall run from January 1st to December 31st of each year. 2 . 132 Dues: To remain in good standing voting members must pay dues or subscriber fees as established in Section 2 . 14 no later than the annual mccting. Regular and family classes will not be prorated for members joining after January 1st . The treasurer will prepare notice of dues payable to be mailed with the annual mccting notice at least two weeks prior to the annual mccting. 2 . 14 Classes of Membership 2 . 141 Regular (voting) Membership:, Available to any person at an annual cost of $3 . 00 per year. 2 . 142 Family (voting Membership: Available to families at an annual cost of $7 . 00, allowing two persons voting privileges. 2 . 143 Subscriber Membership Available with voting privileges and with full access to the cable subscribers in the Chakopcc Cable franchise arca. 2 2 . 144 Non Profit Oraanizational Membership : Available, without voting privileges, but with full access to the Corporation' s services and facilities for all members of an organization, at an annual coat of $G0 . 00 . 2 . 145 Sponsoring Membership: Available, without voting privileges, to any person or organization that may wish to bc recognized, but not active in the Corporation, at a minimum annual cost of $120 . 00 . 2 . 14G Sustaining Membership: Available, without voting privileges, to any person or organization that may wish to be recognized, but not active in the Corporation, at a minimum annual cost of $240 . 00 . 2 . 147 Patron Membership Available without voting pri oon or organization that may wish to bc recognized, but not active in the Corporation, at a minimum coot of $500 . 00 . 2 . 148 The Board of Directors shall have at their own discretion the authority to offer special membership promotions which modify stated 2 . 15 Meetings 2 . 151 Annual Meeting: The membership shall meet annually in the month of February March at a time and place to be announced by the Board of Directors, for the purpose of receiving a report on the Corporation' s status, and deciding any other matters requiring a vote of the membership. 2 . 152 Notice of Meetings : Meeting date, times and location will be announced to the membership at least two weeks in advance of the scheduled meeting to permit members time to file agenda items with the Chairperson Secretary. 2 . 153 Open Meetings : All meetings of the members, or the Board of Directors of SCAC will be open to the public; except Board Meetings on confidential matters, and as allowed by Minnesota Open Meeting Law. 3 2 . 154 Special Meeting: The Chairperson of the Board of Directors may initiate or at the request of two other members of the Board of Directors call special meetings . Cpccial mccting° may also be oallcd by pctition of 5°6 of thc voting mcmbcro in good otanding or 15 mcmbcro, whichcvcr io lcoo. 2 . 155 Voting: Appropriate matters brought before the membership or the board shall be resolved by a simple majority vote of the voting members in good standing present, except in the case of amendments to the By-Laws, as provided for in Section III . 2 . 156 Quorum: Fivc perccnt of total voting Ten members or more in good standing or 15 - - - - - - , shall constitute a quorum of the membership; a majority of thc mcmbcro of thc board shall conotitutc a quorum of thc board at the annual meeting. 2 . 157 Parliamentary Procedures : All procedural matters not specifically outlined in the by- laws shall follow Robert' s Rules of Order, Newly Revised. 2 .2 Board of Directors The Board of Directors shall serve without pay. The Board exercises the responsibilities and powers of a non- profit/tax-exempt corporation and takes necessary action to protect that status. The Board also provides direction on Corporation policies, operations, and activities to any staff persons who are hired by the Corporation. Board members assist in gaining access to human, material, informational, and financial resources necessary for corporation activities and/or direct staff in these endeavors . 2 .21 Membership The Board shall be composed of not less than four (4) , nor more than seven (7) at loot fivc (5) persons, as determined by and appointed by the Shakopee City Council from among the members of the corporation in good standing. Each member of the Board shall serve for three years and may be reappointed for an unlimited number of terms. Terms of the Directors shall be staggered to 4 provide continuity. Mid-term vacancies on the Board shall be filled for the remainder of the open term by Council appointment . Not less than one (1) of the Cable Company' s representatives ohall may be included on the Board of Directors, nominated and appointed by the Cable Company. 2 . 22 Appointment Members in good standing and interested in appointment to the Board of Directors shall place their names in nomination for appointment by the City Council . The representative of the Cable Company shall be appointed by the company. If there are more openings than qualified applicants, the Council shall appoint any member in good standing of the corporation to fill a Board vacancy. The Council shall make appointments at its first regular meeting in January February, seeking broad representation of the City' s educational, social, community and business organizations. New appointees shall assume office on Fcbruary March 1st . Terms shall run until January 31ot February 28th or until a successor is appointed and qualified. The initial Board shall be appointed by the City Council without being qualified by the membership. 2 . 23 Meetings The Board shall meet at lcaot quartcrly monthly at a time and place arranged by the Chairperson, with adequate notice to all directors . Bpccial Additional meetings may be requested by any member of the Board. All Board meetings will be open as provided by Minnesota Open Meeting Law. 2 . 24 Quorum A simple majority shall constitute a quorum, eg. three of five directors. 2 . 25 Officers The Board shall elect the following officers from its members, with the term to be annual, elections to be held following annual appointments by the City Council . 5 2 .251 Chairperson: The responsibilities of the Chairperson shall include: a. Calling both membership meetings and Board Meetings, and presiding over these meetings. b. Shall be responsible for coordinating Board activities of the secretary, the treasurer, and chairpersons of standing committees. c. Shall be an authorized signatory for checks drawn on corporate accounts (two required) . d. Shall, in cooperation with the treasurer prepare an annual budget to submit to the Board and the membership for approval . e. Shall sign all contracts and other papers as authorized by the boards. 2 .252 Vice-Chairperson: The Vice-Chairperson shall, in the absence el or disability of the Chairperson, exercise the powers and perform the duties of the Chairperson. He/she shall also generally assist the Chairperson and exercise such other duties as shall be prescribed by the membership or Board of Directors. 2 . 253 Secretary: The responsibilities of the Secretary shall include : a. Keeping all corporation records. b. Shall arrange for the recording of minutes at both membership and board meetings_ and board mcctinga, and make thcoc minutco available within tcn working dayz of the meeting. Copies to be filed with the City Clerk at Shakopee City Hall . c. Keeping copies of all correspondence. d. Shall be an authorized signatory for checks drawn on corporate accounts (two required) . 6 e. Preparing agendas for all meetings. f . Keeping ongoing record of board member attendance and reasons for absences, preparing an annual report for the membership and reporting to the Board if any Director has three absences . g. Keeping records to verify that each Board mcmbcr has attended at loot onc video or access workshop and participated in at least onc production each calendar year. 2 .254 Treasurer: The responsibilities of the Treasurer shall include: a. Keeping records of all financial transactions . b. Maintain the corporation' s accounts. c. Promptly pay all bills authorized by the Board. d. Provide monthly, quarterly and with the assistance of an accountant, year end financial reports, which arc to include a copy of thc moot recent bank otatcmcnt and to aosiot thc Chairperson in preparing an annual budgct . e. Assist the Chairperson in preparing an annual budget to present to the Board at the January meeting. c. Shall maintain a voting membership liot; of all non oubocribcr members, provide rcccipto for payment of dues, and ocnd invoices on dues payable to be mailed with thc annual meeting notice at loot two wccka prior to thc annual meeting. f . Shall arrange for the fileing of all tax deposits and reports . g. Shall maintain all tax-exempt status papers. 7 h. Shall be an authorized signatory for checks drawn by him on corporate accounts (two required) . 2 .26 Responsibilities 2 .261 Reports a. The Board of Directors is responsible for the timely preparation and submission of reports to outside organizations such as funding agencies, cable company, Cable Advisory Commission, City Council or any person or organization who has entered into a contract for specific services from the Corporation. b. All reports will be approved by a majority of the Board before being officially presented. 2 .262 Video Workshops and Programming The Board members shall be encouraged to attend at least one video and/or access workshop each year to enhance knowledge of the current needs of the corporation and must be involved in at least one production each year. 2 .263 Expenditures : The Board of Directors is responsible for Corporation monies. a. Routine operating expenses can be authorized by a joint decision of the Chairperson and Treasurer. b. Any expenditure beyond those considered routine operating expenses established in an annual budget must be determined by a majority vote of the Board of Directors, i .e. , purchase of equipment, raises in salary to paid employees, rental agreements, expenditures over eFte two hundred ($100 . 00 $200 . 00) dollars. c . Deficit spending will not be permitted. 8 d. The fiscal year shall be from April 1st to March 31st of the following year. The Board shall prepare an annual budget and financial report to be submitted to the general membership for approval at a special meeting pursuant to Section 2 . 154 of the By-Laws. 2 .264 Board Purpooc3 : Authority to Contract The Board of Directors may enter into contracts with organizations or persons for the purpose of furthering Board purposes. 2 .2645 Contract Authorization Contractual services provided by the Shakopee Community Access Corporation to other organizations can be authorized by a majority vote of a quorum of the Board. 2 .265 Program Standards The Board will maintain acccoo programming which i3 conoi3tcnt with community standard3; any program con3idcrcd by one dircctor to havc rcdccming qualitics ohall not be ccnoorcd. 2 .266 Attendance Any director absent from three Board meetings during a calendar year shall automatically be reviewed by the Board for a determination of the validity of the absences, and upon recommendation by a majority of the Board, replacement will be recommended to the City Council for those without valid reasons for absences. A written report showing each Board member' s attendance shall be prepared by the secretary and provided to the City Council and the membership prior to the annual meeting. 9 2 .3 Committees 2 . 31 Standing Committees formcd to assist the Board and mcmbcrs pursue thc stated purposes of the corporation. Each committcc will have a Chairperson appointed by the Board. It is thc responsibility of thc meetings . The committcc will make Thcrc io no limit to the number of members. Each committcc, if it wishes, may writc by must be approved by thc Corporation mcmbcrohip. 2 . 311 Programming Committcc The Programming Committcc shall promote programming on thc public access channel, develop programming guidelines, and assist in productions . 2 . 312 Education Committcc workshops to train individuals or groups on how to use video equipment, train individuals as instructors and maintain a file on all individuals training by the Corporation including information on classes taken, special skills and availability to serve on production crews. 2 .313 Membership Publicity Committcc The Membership Publicity Committcc shall maintain a list of current dues paying members and promote membership in the corporation. 2 .314 Fund Raising Committcc The Fund Raising Committcc shall develop fund raising campaigns, and develop grant proposals. It is the responsibility of the Board of 10 Dircctors to makc official grant 2 .32-1 Ad Hoc Committees The Board may organize any voluntary committees or councils deemed necessary to achieve the purpose of the corporation. II . Amending Procedures : If it becomes necessary to alter the Shakopee Community Access Corporation' s By-Laws, amendments or revisions shall be made by: 3 . 1 Proposal of the change by any voting member or Board member at a meeting of the Board of Directors; and 3 . 2 Preliminary approval of the change by a majority of the Board members; and 3 . 3 Approval by the City Attorney as to form and, if a material change is proposed, Council approval must be secured. Council rejection of the amendment will terminate consideration of the amendment . Council approval will allow continued consideration; and 3 .4 A confirming vote of two-thirds of the voting members present at either the annual membership meeting or a special membership meeting, of which all voting members have been adequately informed; and 3 . 5 Submitting the amendment to the City Council for information. Dissolution: In the event that both the voting members, at a regular members meeting, and the Board of Directors, at a Board of Directors meeting, should each vote by a 2/3 majority to dissolve the corporation, or if the corporation is ordered dissolved by any due process, all unencumbered funds of the corporation remaining after payment to all valid creditors will be prorated and returned to the granting authorities; the mcmbcro. If no granting authorities are entitled to the remaining funds, the funds will be transferred as provided in the Articles, and in accordance with law. 11 Coordinator: 1s funds permit, a Coordinator may bc hired to facilitate the eeepe atien Beals. The Coordinator would bc selected by, direetly reepe teible to, and adviocd by thc Board lccaeting of local programming; creating programa and using cquipmcnt; 5 .3 The uoc and maintenance of cquipmcnt owncd or used by the corporation; specified by thc Board) on all funds allocated by the Board; services as authorized by thc Board; 5 . G Managing the day to day affairs of the Shakopee range or members of the community, institutions, organizations, and officials; S . 8 Assisting the City officials in producing their newsletter, programming the governmental access channel; and changcs .-L and 5 . 10 Making of routine expenditures under $100 $200 . [BYLAWS.CAB] 12 2 . 156 Quorum: Ten members or more in good standing shall constitute a quorum of the membership at the annual meeting. (Amended March 5, 1997 . ) 2 . 157 Parliamentary Procedures : All procedural matters not specifically outlined in the by- laws shall follow Robert' s Rules of Order, Newly Revised. 2 . 2 Board of Directors The Board of Directors shall serve without pay. The Board exercises the responsibilities and powers of a non- profit/tax-exempt corporation and takes necessary action to protect that status . The Board also provides direction on Corporation policies, operations, and activities to any staff persons who are hired by the Corporation. Board members assist in gaining access to human, material, informational, and financial resources necessary for corporation activities and/or direct staff in these endeavors . 2 .21 Membership The Board shall be composed of not less than four (4) , nor morc than seven (7) persons appointed by the Shakopee City Council from among the members of the corporation in good standing. Each member of the Board shall serve for three years and may be reappointed for an unlimited number of terms . Terms of the Directors shall be staggered to provide continuity. Mid-term vacancies on the Board shall be filled for the remainder of the open term by Council appointment . Not lcoc than One (1) of the Cable Company' s representatives may be included on the Board of Directors, nominated and appointed by the Cable Company. (Amended March 5, 1997 . ) 2 . 22 Appointment Members in good standing and interested in appointment to the Board of Directors shall place their names in nomination for appointment by the City Council . The representative of the Cable Company shall be appointed by the company. If there are more openings than qualified applicants, the Council shall appoint any member in good standing of the corporation to fill a Board vacancy. The Council shall make appointments at 3 its first regular meeting in February, seeking broad representation of the City' s educational, social, community and business organizations. New appointees shall assume office on March 1st . Terms shall run until February 28th or until a successor is appointed and qualified. The initial Board shall be appointed by the City Council without being qualified by the membership. (Amended March 5, 1997 . ) 2 .23 Meetings The Board shall meet monthly at a time and place arranged by the Chairperson, with adequate notice to all directors . Additional meetings may be requested by any member of the Board. All Board meetings will be open as provided by Minnesota Open Meeting Law. (Amended March 5, 1997 . ) 2 . 24 Quorum A simple majority shall constitute a quorum, eg. thrcc four of fivc seven directors . 2 .25 Officers The Board shall elect the following officers from its members, with the term to be annual, elections to be held following annual appointments by the City Council . 2 . 251 Chairperson: The responsibilities of the Chairperson shall include : a. Calling both membership meetings and Board Meetings, and presiding over these meetings . b. Shall be responsible for coordinating Board activities of the secretary, the treasurer, and chairpersons of standing committees . c . Shall be an authorized signatory for checks drawn on corporate accounts (two required) . d. Shall, in cooperation with the treasurer prepare an annual budget to submit to the Board and the membership for approval . 4 R Z o I S e d E. 6 2 . 156 Quorum: Ten members or more in good standing shall constitute a quorum of the membership at the annual meeting. (Amended March 5, 1997 . ) 2 .157 Parliamentary Procedures: All procedural matters not specifically outlined in the by- laws shall follow Robert' s Rules of Order, Newly Revised. 2 . 2 Board of Directors The Board of Directors shall serve without pay. The Board exercises the responsibilities and powers of a non- profit/tax-exempt corporation and takes necessary action to protect that status. The Board also provides direction on Corporation policies, operations, and activities to any staff persons who are hired by the Corporation. Board members assist in gaining access to human, material, informational, and financial resources necessary for corporation activities and/or direct staff in these endeavors. 2 .21 Membership The Board shall be composed of not less than four (4) , nor morc than seven (7) persons appointed by the Shakopee City Council from among the members of the corporation in good standing. Each member of the Board shall serve for three years and may be reappointed for an unlimited number of terms. Terms of the Directors shall be staggered to provide continuity. Mid-term vacancies on the Board shall be filled for the remainder of the open term by Council appointment . Not Icor) than One (1) of the Cable Company' s representatives may be included on the Board of Directors, nominated and appointed by the Cable Company. (Amended March 5, 1997 . ) 2 .22 Appointment Members in good standing and interested in appointment to the Board of Directors shall place their names in nomination for appointment by the City Council . The representative of the Cable Company shall be appointed by the company. If there are more openings than qualified applicants, the Council shall appoint any member in good standing of the corporation to fill a Board vacancy. The Council shall make appointments at 3 its first regular meeting in February, seeking broad representation of the City' s educational, social, community and business organizations. New appointees shall assume office on March 1st . Terms shall run until February 28th or until a successor is appointed and qualified. The initial Board shall be appointed by the City Council without being qualified by the membership. (Amended March 5, 1997 . ) 2 .23 Meetings The Board shall meet monthly at a time and place arranged by the Chairperson, with adequate notice to all directors. Additional meetings may be requested by any member of the Board. All Board meetings will be open as provided by Minnesota Open Meeting Law. (Amended March 5, 1997 . ) 2 .24 Quorum A simple majority shall constitute a quorum, eg. thrcc four of fivc seven directors. 2 .25 Officers The Board shall elect the following officers from its members, with the term to be annual, elections to be held following annual appointments by the City Council . 2 .251 Chairperson: The responsibilities of the Chairperson shall include: a. Calling both membership meetings and Board Meetings, and presiding over these meetings. b. Shall be responsible for coordinating Board activities of the secretary, the treasurer, and chairpersons of standing committees. c. Shall be an authorized signatory for checks drawn on corporate accounts (two required) . d. Shall, in cooperation with the treasurer prepare an annual budget to submit to the Board and the membership for approval . 4 '7 CITY OF SHAKOPEE ' ' E. Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: Community Services Building Lease DATE: February 28, 1997. INTRODUCTION: The Council is asked to approve a lease for the old Community Services building with the Shakopee Jaycees. BACKGROUND: The City owns the former Community Services building located at 129 Levee Drive. The east end of the building houses a SPUC transformer;the balance of the building has been unoccupied for most of the time since the park and recreation staff moved from that location to the new City Hall building in 1993. The exception was for a brief period of time when it was leased to MnDOT for a construction office during of the mini bypass work. With the impending demolition of Blocks 3 & 4, both the Shakopee Area Council for the Arts, and Shakopee Jaycees approached the City asking for other low or no cost rental options. While it is in only fair condition, the former Community Services building was offered to them as a possible location for their needs (the Jaycees have been located in the old city hall building, and the SACA in the Kosse Photo Studio). They need to vacate by March 17th. Initially,they both responded that they were interested, and a contract was drafted were in they would both share the location. However, after further reviewing the situation,the SACA has indicated that it is no longer interested. A new contract was drafted,with the Jaycees being the tenant. CONTRACT PROVISIONS: The Jaycees would lease the structure for$1.00 per year. In return, it would be responsible for all maintenance and repair costs, including utilities. Because the building is on electric heat, and SPUC did not charge for those utilities, there is no good track record as far as what those costs would be. Any improvements that the Jaycees would make would be at their cost. They would also be responsible for all exterior costs for maintenance responsibilities, such as lawn mowing, garbage, etc. The contract was drafted by the City Attorney, after being provided with general terms by City staff. Note that it includes general liability insurance in the amount of$1 million. That is standard for a City contract. It is possible that the Jaycees may be able to get that through an umbrella contract through the State Jaycees Organization. If not,that limit may need to be reexamined. SPUC INVOLVEMENT: A copy of the previous two tenant lease was provided to SPUC. In general, SPUC sees having a tenant in the west part of the building as being a positive, as activity would help to deter vandalism. Long term, the transformer is anticipated to be removed in approximately 2004. When the transformer is removed, a decision will need to be made regarding the future of the building. The intent had been to demolish. RECOMMENDATION: As long as the Shakopee Jaycees are willing to accept the responsibility for the building, I recommend that the attached lease be executed. If approved,this contract would be effective immediately, owing to the need for the Jaycees to find a new location immediately. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize execution of the contract by and between the City of Shakopee, and the Shakopee Jaycees, for the former Community Services building located at 129 Levee Drive. Mark McNeill City Administrator MM:tw CC: Lou VanHout LEASE This Lease is entered into as of March 1, 1997 between the City of Shakopee("City")and the Shakopee Jaycees ("Jaycees") for the property located at 129 Levee Street ("Premises"). RECITALS 1. The City owns the Premises,on which an unoccupied building is currently located. 2. The Jaycees ("Tenant") desire to lease a portion of the Premises for office and related purposes. 3. The Premises have not been occupied for some period of time and the roof of the Premises is in a deteriorated condition. Tenant is willing to be responsible for any repairs to the roof and to other portions of the Premises that are needed in order for Tenant to occupy the Premises_ Now,therefore in consideration for the mutual promises set forth in this Lease,the parties agree as follows: A. RENT 1. Tenant shall pay City rent of$1.00 in advance on or before March 1st of each year while this Lease is in effect. B. PREMISES 2. Tenant shall occupy only that portion of the premises depicted on Exhibit A to this Lease. 3. Tenant may use the Premises only for office and related uses. 4. Tenant may not lease the Premises to other persons,assign this Lease,or sell this Lease. Tenant may not encumber the Premises in any manner. 5. Tenant promises: (1) not to act in a loud, boisterous, unruly, or thoughtless manner,or to allow their employees or guests to do so;(2) not to use the Premises in any way that is illegal or dangerous or that would cause a cancellation, restriction, or increase in premium in any insurance carried by City on the Premises;(3)not to interfere in the management and operation of the building; (4) not to use noxious chemicals; and (5) not to smoke or permit its employees or guests to smoke on the Premises. DJG1:'73$0 SIMS-23 B/Z 33ttd 0t£6L££Zr9'QI N3AH210 '8 AQ3NN3512W0213 LZ'S1 L6-LZ-633 C. CONDITION OF PREMISES 6_ Tenant promises: (1)Not to damage or misuse the Premises or allow its guests to do so; (2) not to make any structural changes to the Premises without the prior written consent of City; (3) to give written notice to City of any necessary repair; (4) to notify City immediately of any conditions in the Premises that are dangerous to human health or safety,or which may damage the Premises or waste utilities provided by City; (5) that when Tenant moves out, the Premises will be left in good condition, except for ordinary wear and tear; (6) not to remove any fixtures or furnishings supplied by City or installed by Tenant, without the prior written consent of City; (7) to cooperate with City's effort at pest control; (8) to keep the Premises in a neat and orderly condition, with special reference to fire hazard, and to permit no rubbish of any kind to accumulate in the Premises. 7. Tenant shall be responsible for the repair of the roof and other necessary building repairs. The City shall have no responsibility for such repairs or improvements. All improvements made to the Premises are the property of City regardless of who installed and paid for the improvements. Tenant may improve the rental area at its own expense. S. Tenant shall not permit any liens to encumber the building that the Premises are located at for any labor or material furnished to,or for the account of,the Tenant, or claimed to have been so furnished in connection with any work performed or claimed to have been performed in or about the Premises. 9. If the Premises are destroyed or damaged so they are unfit to occupy due to any cause, City may cancel this lease immediately and may choose not to rebuild or restore the Premises. D. DURATION OF LEASE 10_ The Lease shall remain in effect on a yearly basis from the date of the Lease, provided however that the Tenant or the City may terminate the Lease at any time and for any reason, or for no reason at all, by providing the other party 30 days advance written notice. 11. Tenant shall move out of the Premises when this Lease is terminated. If the Tenant moves out after this lease is terminated, Tenant shall be liable to City for any resulting losses including rent, court costs, and attorney fees. E. RIGHTS OF CITY 12. If Tenant violates any of the terms of this lease, Tenant may be evicted immediately and without prior notice. If Tenant is evicted but does not move out voluntarily, City may bring an eviction action_ If Tenant violates a term of this lease but City does not sue or evict the Tenant, City may still sue or evict Tenant for any other violation of any term of this Lease. DJG117380 SH155-23 2 9/C 3OVd 0ICBL££ZL9=QI N3AV2t0 'S AQ3NN321'WO2Id LZ=SL LB-LZ-B33 13. If City brings any legal action against the Tenant, the Tenant shall pay City's attorney fees, court costs, and administrative fees and process service fees. 14. City and its authorized agents may enter the Premises at any reasonable time to inspect, improve, maintain, or repair the Premises, or do any thing necessary to show the Premises to potential new Tenant or buyers_ No notice is necessary to enter the Premises. There shall be no allowance to Tenant, or liability on the part of City, by reason of inconvenience, annoyance, or injury to business resulting from City's performance of any of the above tasks. 15. City may use its legal rights and remedies in any combination. By using one or more of these rights or remedies, City does not give up any other rights or remedies it may have. Acceptance of rent does not waive City's right to evict the Tenant for any past or existing violation of any term of this lease even if City has knowledge of that breach. City shall not be deemed to have waived any provision of this lease unless so expressed in writing and signed by City. F. LIABILITY OF TENANT AND CITY 17. City is not responsible for any damage or injury that is done to Tenant, its property, its guests, or the property of guests that was not caused by City. 18. City is not responsible for the actions, or any damages, injury or harm caused by third parties who are not under City's control. 19. Tenant shall reimburse City for (1) any loss, property damage, or cost of repair or service, including plumbing problems, caused by negligence or improper use by Tenant, or Tenant's agents or guests; (2) any loss or damage caused by doors or windows being left open; (3) all costs City has because of abandonment of the Premises or other violations of this lease by Tenant; (4) all court costs and attorney fees City has in any suit for eviction, unpaid rent, or any other debt or charge_ 20. Any amount owed by Tenant is due when asked for by City, including amounts incurred by City in repairing the Premises or common areas where the repair was made necessary by the acts of the Tenant or its agents or invitees. City does not give up its right to any money owed by the Tenant because of City's failure or delay in asking for any payment. City can ask for any money owed by Tenant before or after Tenant moves out of the Premises_ 21. Any attachments and addenda to this Lease are a part of this Lease. If a term of any attachment or addendum conflicts with any term of this Lease, the attachment or addendum term will be controlling_ No oral agreements have been made. This Iease, its attachments and addenda,and any other written agreements are the entire agreement between Tenant and City and may be modified only be a writing signed by City and Tenant. A3G2173a0 3 SA255-Z3 8/b 3OWd @tCSLCCZI9'QI N3IWdQ 'H AQ3NNSMA4013 8Z'St L6-LZ-833 22. Tenant agrees that notices and demands delivered to the Premises are proper notice, and are effective as soon as delivered to the Premises either by mail or by personal service. Notice by City is deemed delivered when placed in the mail properly addressed to Tenant. 23. City does not warrant that any services that it provides, whether utilities or otherwise, will be free from interruption. If there is an interruption, City is not liable to Tenant for any damages caused by the interruption_ 24. In the event that all or part of the Premises are acquired or taken under the power of eminent domain for public use, City may, at its sole option, terminate this Lease as of the date on which the acquiring authority becomes entitled to possession of the Premises. In the event of such a termination,Tenant shall have no further right to any possession of the Premises, nor to any compensation or award of damages for any past or future leasehold interest This clause shall not be construed to limit or prohibit Tenant from receiving, nor to warranty that Tenant will receive,relocation assistance or benefits as provided by state or federal laws. 25. The covenants and agreements in this lease shall bind and be to the benefit of the heirs,executors,administrators,successors,and assigns of the parties to this Lease. This contract shall be construed in accordance with the laws of Minnesota_ 26. Tenant shall not cause or permit to be caused any act or practice, by negligence, omission,or otherwise,that would affect the environment or do anything or permit anything to be done that would be in violation of any law,regulation,or guideline. This includes but is not limited to the improper or illegal use or disposal of any flammable, combustible, hazardous, or explosive fluid, material, chemical, or substance. A violation of this clause will be considered a default of this lease. 27. Tenant, at its sole cost and expense, shall maintain in full force and effect during the term of the Least and any renewal thereof: a. General Liability insurance in the following minimum amounts: (i) $1,000,000 bodily injury, including death, per person; $1,000,000 bodily injury, including death, per occurrence; $ 500,000 property damage, per occurrence; or (ii) $1,000,000 per occurrence, combined single limits; $1,000,000 aggregate. The City of Shakopee shall be named as an Additional Insured. The general liability policy shall contain a stipulation that Tenant's insurers will provide thirty (30) days prior written notice of cancellation of such insurance to City. The insurance shall be carried by solvent and DJG117380 q SH155-23 4 8/S 3DVd 0tCBLEEZt9'0I N3AVUD 'S AQ3NN351'140d3 8Z°St L8-4Z-833 responsible insurance companies licensed to do business in the State of Minnesota. b. Property Insurance on Tenant's Personal Property, other than bettennents and improvements, in an amount necessary to replace Tenant's Personal Property. c. Workers' Compensation and Employers' Liability insurance on those of its employees who at times enter the premises. 28. Tenant shall defend and indemnify City against all expenses, liabilities,and claims of any kind, including reasonable counsel fees, by and on behalf of any person or entity arising out of either (I) a failure by Tenant to perform any of the terms or conditions of this Lease, (2) any injury or damage happening on or about the Premises, (3)failure to comply with any law of any governmental authority,or(4) any mechanic's lien or security interest filed against the Premises or equipment, materials, or alterations of buildings or improvements thereon. 29. Tenant shall pay the utility charges for the Premises. 30. Tenant shall pay the costs of maintenance and repair of the Premises, including, without limitation, snow removal, lawn care, and garbage removal. City and Tenant agree to the terms of this lease and any addenda and attachments that may be made part of this Iease. DJG117380 SE155-23 5 8/S 39tld 0I CSLEEZ I9'a I N3Att210 'S Aa3NN3)1'W083 6ZS i L6-LZ-933 SHAKOPEE JAYCEES By Its CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk ATG1173$0 C SX15S-23 6 6/L 3QVd 0IEGLCC 1S QI N3AVdD 'S AQ3NN3N'W62[3 6Z'SI L6-LZ-B33 FER-27-199'? 12:10 P.0? _... . e Otalitthielie &!f Vitt. eq13 11144 1- . • ' • ,....a. I . I a.? 1.. .e-e_ Dc:" . - 1-st7-77 . rir 0 or -4 _ i 1 . • — . 3 • . r re' —"---- AtrAi .4,41. -P1 . • — . _ . 4 MP, : , i 1 't i 1•." ....... . : . ... . 11,1 Ilk• :se i . . • lir • = f Z . . . i • : - • 1.c • . t . : . X • tit OP t - ILE Pia i . ... .. spit • - t . - ... . . • a- 1: - ... i ., . . 4, . . 1 • ..ki . . • X Ili . 1100 lit. . .,........Y.- _ - IP ai• . . . . . :%-‘ . • lib- . - . . - -11 " • . • • . . _ . • . . • . t . . . . . . . . . '• . - . . - . . . . . . iuia. P.M 4 TOTAL P.0? 8/8 30Vci OIEBLECZTB:131 N3Attain it ACI3NN3N 14083 SZ S I LS—L Z-833 • • • 4 • • • • • • • • • • • • • • • • • • • 0 . • • • • • • • • • ) . E. 2 , CITY OF SHAKOPEE Memorandum TO: Mayor and Council FROM: Mark McNeill, City Administrator SUBJECT: SJPA- Community Room Lease/Remodeling DATE: February 26, 1997 INTRODUCTION: The Council is asked to approve a modified lease agreement for the Scott Joint Prosecution Association,to include a new rental amount and authorize the design of remodeling work. BACKGROUND: On January 21st,the City Council considered a proposal from the Scott Joint Prosecution. Association (SJPA) which would permit them to move into what would be a remodeled community room across the hallway in the basement of the Shakopee City Hall. Council direction at that time was to negotiate a lease amount with them. Currently,they least approximately 800 sq. ft., and pay $550.00 per month(rather than the $500/mo cited in the January 15th memo). That equates to $8.25 per square foot. We have proposed a increase to $850.00 per month for the 1,400 sq. ft. that would be in the community room. That is $7.29 per square foot. While this is less dollars per square foot,the City will benefit by virtue of the fact that the room will be remodeled,providing for better lighting and more electrical outlets. At some point in the future, the City will expand so that area will be needed for office space. The existing contract has been modified to show the changes. After Council approval of this,the Scott Joint Prosecution will consider it. Other than the change in dollars and description of lease area, the duration of the contract is recommended to be extended for an additional 3 years, so that the SJPA has an opportunity to recoup their investment. ARCHITECT: The anticipated project cost, including furnishings, is between$12,000 and $14,000. Remodeling costs (primarily ceiling changes, and electrical and lighting modifications) will amount to less than $10,000. Due to the relatively small size of the project, it is expected that the project lump sum for architectural services will be in the $2,000 - $2,500 range, as determined by the following hourly rates: Project Architect - $75.00 per hour Technician - $45.00 per hour Clerical - $30.00 per hour The lump sum for architectural services will therefor not exceed$2,500. The budget has included$500.00 additional for electrical design services, should those be necessary. With the concurrence of the SJPA, I am recommending that JEA Architects be authorized to do the design work. I amfamiliar with JEA through their work in Savage; they have worked well on smaller projects. Note that I have not contacted others for alternate proposals; the agreement is technically thru the SJPA. FINANCIAL IMPACT: The increase of$300.00 per month would annually generate an additional $3600 per year revenue for the City after full implementation; assuming a June 1st date this year, it would amount to $2100. If approved by Council,the initial costs of the remodeling and furnishing will be"fronted"by the City of Shakopee, because of cash flow concerns for the SJPA. Funding would be through the Shakopee line item allocated for prosecution costs; Shakopee would then receive a credit against its 1997 billings until the amount was paid off. The entire amount should be reimbursed this year. The SJPA will have the contract for the work, although it will be done in coordination with the City of Shakopee, and have inspections done by the City's building inspectors. RECOMMENDATION: We recommend that the Council agree to the attached modified agreement, including the proposed rental rate increase, and other items outlined in the contract (attached). We further recommend that Council concur with the SJPA's use of JEA Architects for design work. Following design,the City of Shakopee would be advised when an award of contract for the remodeling work is to be made. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize two items: 1. Adopt the revised lease agreement with the Scott Joint Prosecution Association, including a rental amount of$850.00 per month. 2. Concur with the use of JEA Architects for design services. 11kuatif Mark McNeill City Administrator MM:tw Y52102 -_ P.02 r li tit I _ p .J 2r, b ; M M . r.--- r ' a$ to --- ,, ill 0 . r-- 1 p0 I'1 7 • r - ` y W _ ___., _ 1 ___ _-•_ ___1; _ 14____ J - - Ii - i 4 c2. cp. , lip, 1). .. ....._,. ...., . . , , p0 _, 1 i 1,-N A ' A ____,0 ....._ _ , .., 1 if- , , . , ,,, AR DATE: 1-13-96 ARCHITECTURE II LANDSCAPE DESIGN■SPACE PIANNING PROJECT: .. . .. DRAWN:JEA E Shakopee JOB: A ARCHITECTSCity Remodeling SHEET- 33TENTHAVE.S0..5TE-250 HOPKINS.MN55343(612)035.6194 A2 LEASE AGREEMENT Dated: March 4, 1997 Lessor: City of Shakopee, Attention: City Administrator, 129 South Holmes Street, Shakopee, MN 55379 Tenant : Joint Powers Board, Attention: Chairman, Scott Joint Prosecution Association, 6000 McColl Drive, Savage, MN 55378 Premises : That portion, as described more fully in Exhibit A attached hereto and incorporated herein, of the basement of the building located at 129 South Holmes, Shakopee, Minnesota, including reasonable ingress and egress . Rent : $850 . 00 per month Term: three years, commencing on June 1, 1997 or sooner, if available, subject to automatic renewal on a month-to-month basis or termination as set forth below. In consideration of the rents to be paid by Tenant, Lessor hereby leases to Tenant the above-described Premises for the above-described Term subject to the following conditions and mutual agreements : 1 . Monthly Rent . Tenant shall pay to Lessor the monthly rent above set forth in advance on the first day of each and every month included within the Term. The rent as set forth above includes real estate taxes, all utilities, and cleaning expenses . Rent for any partial calendar month at the beginning or at the end of the Term shall be prorated on a daily basis . Payments shall be made to Lessor by delivering same to the City Director of Finance. 2 . Operating Expenses . Tenant shall pay all the following expenses which become due or payable during the Term arising in connection with Tenant' s occupancy of the Premises : a. Property and casualty insurance covering the building contents located on the Premises; b. Routine maintenance, upkeep and repair of the Premises, subject to normal wear and tear, but excluding any repairs or replacements of a capital nature; and c. Such other normal operating expenses as are necessary to keep the Premises in a tenantable condition suitable for Tenant' s present use and occupancy. 3 . Use . During the Term Tenant shall use the Premises for the purpose of a law office representing cities, and for no other purpose, in compliance with all applicable governmental laws, ordinances and regulations . Tenant shall commit no waste upon the Premises and shall not permit any nuisance to exist upon the Premises . Tenant agrees to observe such reasonable uniform rules and regulations as from time to time may be put in effect by Lessor for the general safety, security, comfort, and convenience of Lessor, its officers and employees, the general public, and occupants and tenants of the building. 4 . Inspection. Tenant shall give Lessor access to the Premises at all reasonable times, without charge or diminution of rent, to enable Lessor to examine the same and to make such repairs, additions and alterations as Lessor may deem advisable and to exhibit the Premises to prospective tenants, purchasers or others . 5 . Alterations . Tenant shall make no alteration of or additions to the Premises without the prior written approval of Lessor. 6 . Assignment . Tenant shall not assign this Lease or its rights hereunder or sublet the Premises or any part thereof without the prior written approval of Lessor. 7 . Damage . In case of damage to the Premises or to the Building by fire or other casualty, Tenant shall give immediate notice to Lessor, who shall thereupon cause the damage to be repaired with reasonable speed, at the expense of the Lessor, subject to delays which may arise by reason of adjustment of loss under insurance policies, and for delays beyond the reasonable control of Lessor. To the extent that the Premises are rendered untenantable, the rent shall proportionately abate, except in the event such damage resulted from or was contributed to by the act, fault, or neglect of Tenant, Tenant' s employees or agents, in which event there shall be no abatement of rent . In the event the damage shall be so extensive that the Lessor shall decide not to repair or rebuild, this Lease Agreement and Term shall, at the option of Lessor, be terminated as of the date of such damage by written notice from the Lessor to the Tenant, and the rent shall be adjusted to the date of such damage and Tenant shall thereupon promptly vacate the Premises . 8 . Waiver of Liability. Tenant agrees that Lessor and its officers and employees shall not be liable to Tenant for any injury to persons or damage to or loss of personal property in the Premises unless such injury, damage, or loss is the result of 2 the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance. In addition, Lessor agrees that Tenant and its officers and employees shall not be liable to Lessor for any injury to persons or damage to or loss of the Building or other improvements or property on the Premises unless such injury, damage or loss is the result of the gross negligence or willful acts of Tenant, its officers or employees, and Tenant and its officers and employees shall not be liable to Lessor for any such damage or loss, whether or not the result of their gross negligence, to the extent the Lessor is compensated therefor by Lessor' s insurance . Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. 9 . Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant' s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient . 10 . Termination. Either party may terminate this Lease, with or without cause, by giving written notice thereof to the other party, specifying the effective date of such termination, which shall not be less than 30 days after the date of such notice . 11 . Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease Agreement appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor' s written agreement . Any holding over after the expiration of this Lease shall not operate to renew this Lease. 12 . Insolvency. If Tenant shall be adjudicated bankrupt, or petition for such adjudication, or a trustee or receiver of Tenant shall be appointed for insolvency of Tenant, or if Tenant shall make assignment for benefit of creditors, or if Tenant shall default in making its payments hereunder or any of them or in performing any of the other agreements, terms and conditions 3 of this Lease, then, in such event, Lessor, in addition to all other rights and remedies available to Lessor, by law or by other provision hereof, may, without notice, re-enter immediately into the Premises and remove all persons and property therefrom, and at Lessor' s option, annul and cancel this Lease as to all future rights of Tenant, and Tenant hereby expressly waives the service of any notice in writing of intention to re-enter. Neither this Lease nor any interest or estate hereunder shall pass to any trustee or receiver or assignee for benefit of creditors or otherwise by operation of law. Tenant further agrees that in case of any such termination Tenant will indemnify Lessor against all loss of rents and other damage which Lessor may incur by reason of such termination, including but not being limited to, costs of restoring and repairing the Premises and putting the same in rentable condition, costs of renting the Premises to another Tenant, loss or diminution of rents and other damage which Lessor may incur by reason of such termination, including reasonable attorneys' fees and expenses incurred in enforcing any of the terms of this Lease. Neither acceptance of rent by Lessor, with or without knowledge of breach, nor failure of Lessor to take action on account of any breach hereof or to enforce its rights hereunder shall be deemed a waiver of any breach, and no waiver or consent by Lessor shall extend to any other default or event . 13 . Breach. In the event of the breach by Lessee of any covenants or agreements of this Lease, then Lessee shall remedy said breach within ten (10) days after written notice thereof, and if said breach shall not be corrected within said ten (10) days, then Lessee shall vacate and relinquish possession of said Premises immediately upon the expiration of said ten (10) day period. Nothing herein shall be taken to excuse the Lessee from any damages occasioned by Lessee' s breach. 14 . Notices . Any notices required or contemplated hereunder shall be effective upon the placing thereof in the United States mails, registered or certified, return receipt requested, postage prepaid and addressed to the other party at the addresses stated above. Copies of such notices also shall be sent to the parties' respective representatives at the addresses set forth below: Representative for Lessor: City Administrator City Hall 129 South Holmes Street Shakopee, MN 55379 Representative for Tenant : Chair, Scott Joint Prosecution Association 6000 McColl Drive Savage, MN 55378 4 15 . Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. TENANT: SCOTT JOINT PROSECUTION ASSOCIATION By Its Chairman LESSOR: CITY OF SHAKOPEE By Its Mayor By Its City Administrator By Its City Clerk [02-27-97] [LEASPROS] 5 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Room Remodeling - Scott Joint Prosecution Association DATE: January 15, 1997 INTRODUCTION: The Council is asked to authorize staff to negotiate with the Scott Joint Prosecution Association for the rental of the "Community Room" in the basement of City Hall, which would be remodeled into office space. BACKGROUND: Since its inception in 1991,the Scott Joint Prosecution Association(SJPA)has been housed in Shakopee City Hall. (In fact, it preceded city offices being moved here by about a year). They have been located in a room in the basement since city offices were transferred. Total square footage of the existing facility is approximately 800 sq. ft. In.May, 1996 the SJPA took over prosecution responsibilities for the City of Shakopee. That contributed to the need to add a full time attorney, and support clerical to the staff As such, the existing space is too small. After a review of the City Hall Space Committee, it was determined that the most logical space to expand to would be the community room, across the hall from their existing location. That would nearly double their space, to approximately 1,400 sq. ft. I've had an architect give a ball park estimate as to costs for minimal remodeling - for practical purposes,the only things that would be done would be to install new ceiling lighting, and add more power outlets - existing room is one which was not remodeled when the rest of City Hall was done, and therefore, is deficient in the numbers of outlets needed for an office. No structural changes other than revision of door hardware would be necessary;to minimize costs, moveable partitions would be used for offices. In those cases when confidential meeting areas are necessary, the SJPA would continue to do what it has done in the past, and use other conference rooms in City Hall. That has not posed a problem. BUDGET IMPACT: The remodeling, design, and furniture costs have a preliminary estimate of between$12,000 and $14,000. Those costs would be borne by the member cities; funding for that would either come from cash reserves (discussed elsewhere in this agenda), or as an alternative, the City of Shakopee could make payment, and deduct that from its quarterly billings. The other cities would then make up their proportionate contribution by paying higher participation rates in 1997. From an ongoing standpoint, rent would need to be negotiated. The current rent is $500 per month. If Council approves the concept, I would seek to negotiate an increase in the overall amount of rent to be paid, but probably it would not be on a cost per square foot basis similar to the existing rates. The City of Shakopee will see some benefit from this project in that the remodeling will provide capital improvements to the building, which will make it easier to utilize that as future office space as the City expands, and needs more office area. The existing lease has no termination date. OTHER DISCUSSION: Obviously, remodeling the community room will make it no longer available for use by community groups. The vacated SJPA offices could be used, but it is a smaller area, and the space that is there is not as useable. There are some problems with building security when the current community room is used by outside groups on evenings and weekends. With the opening of the Community Center, it may be time to encourage groups to use those facilities instead. RECOMMENDATION: I recommend that staff be authorized to negotiate a rental price with the SJPA, for consideration by the Council. Once the Council and SJPA approve that,the next step would be to proceed with remodeling plans for the space (a preliminary floor plan showing the possible remodeled use is attached). ACTION REQUIRED: If the Council concurs, it should,by motion, authorize staff to negotiate a rental amount with the SJPA for the use of the community room in Shakopee City Hall. Mark McNeill City Administrator MM:tw CC: Gregg Voxland Fulton Schleisman Michael Leek Rs d 12 E. the gross negligence or willful acts of Lessor or its officers or employees, and Lessor and its officers and employees shall not be liable to Tenant for any such damage or loss, whether or not the result of their gross negligence, to the extent Tenant is compensated therefor by Tenant' s insurance. In addition, Lessor agrees that Tenant and its officers and employees shall not be liable to Lessor for any injury to persons or damage to or loss of the Building or other improvements or property on the Premises unless such injury, damage or loss is the result of the gross negligence or willful acts of Tenant, its officers or employees, and Tenant and its officers and employees shall not be liable to Lessor for any such damage or loss, whether or not the result of their gross negligence, to the extent the Lessor is compensated therefor by Lessor' s insurance. Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. 9 . Delivery Upon Termination. Upon the termination of this Lease Agreement and the said Term in any manner whatsoever, Tenant shall remove Tenant' s goods and effects and those of any other person claiming under Tenant, and quit and deliver up the Premises to Lessor peaceably and quietly in as good order and condition as the same are now in or hereafter may be put in by Lessor or Tenant, reasonable use and wear thereof, damage by casualty, and repairs which are Lessor' s obligation excepted. Goods and effects not removed by Tenant at the termination of this Lease Agreement shall be considered abandoned and Lessor may dispose of the same as it deems expedient . 10 . Termination. Either party may terminate this Lease, with or without cause, after the initial three year term, by giving written notice thereof to the other party, specifying the effective date of such termination, which shall not be less than 30 days after the date of such notice. 11 . Holding Over. Should Tenant continue to occupy the Premises after expiration of the Term, or after termination of the Term under the provisions hereof, such tenancy shall be from month to month on the terms and conditions of this Lease Agreement appropriate to a monthly term, and in no event from year to year or for any longer term without Lessor' s written agreement . Any holding over after the expiration of this Lease shall not operate to renew this Lease. 12 . Insolvency. If Tenant shall be adjudicated bankrupt, or petition for such adjudication, or a trustee or receiver of Tenant shall be appointed for insolvency of Tenant, or if Tenant shall make assignment for benefit of creditors, or if Tenant shall default in making its payments hereunder or any of them or in performing any of the other agreements, terms and conditions 3