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01/18/2000
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REG. SESSION SHAKOPEE, MINNESOTA JANUARY 18, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS - (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) 7] Approval of Minutes of September 14, October 12, October 19, and November 3, 1999 *8] Approve Bills in the Amount of$843,652.86 9] 7:00 P.M. Public Hearing on proposed improvements for Gorman Street from 4th Avenue to County Road 17, Project No. 2000-1 —Res. No. 5303 10] Communications: 11] Liaison Reports from Council Members 12] Recess for an Economic Development Authority meeting 13] Re-convene 14] Recommendations from Boards and Commissions: TENTATIVE AGENDA January 18, 1999 Page -2- 15] General Business A] Community Development 1. Comments on Q Prime Amphitheater EAW *2. Promotion of Elizabeth Handrich from Planning Technician to Planner I *3. Text Amendment Relating to the Shoreland Overlay Zone 4. Revised Resolution for Kmart Conditional Use Permit—Res. No. 5305 *5. Resignation of Office Service Worker 6. Request of RLK/Daimler-Chrysler for Concurrent Consideration of Preliminary and Final Plat located south of STH169 and west of CSAH 17 B] Public Works and Engineering *1. Approval of 2000 JPA for Street Maintenance Work *2. Authorize Advertisement for Public Works Maintenance Workers 3. Sarazin St., Roundhouse St., and 4th Avenue Revised Assessment, Project 1994-10 *4. Accepting Work on the 1999 Sidewalk/Trail Project 1999-4—Res. No. 5307 C] Police and Fire 1. 1999-2000 Police Liaison and Educational Services Agreement D] Parks and Recreation 1. Architectural Services for New Building in John P. Wermerskirchen Park E] General Administration: *1. First March Meeting—Date Change—Res. No. 5304 2. Canterbury Card Club Position *3. Pay Equity Implementation Report 4. 2000 Liaison Appointments 5. Council Meeting Objectives and Procedures 16] Other Business 17] Adjourn to Tuesday, January 25, 2000, at 5:00 p.m. __ I TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting January 18, 2000 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine. After a discussion by the President,there will be an opportunity for members of the EDA 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.) A.) 4 Approval of Minutes: I\loVembit-- 3, 1999 4. Financial A.) 4 Approval of Bills 5. Auditor's Tax Increment Financing(TIF)Review 6. Other Business: 7. Adjourn edagcnda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION November 3, 1999 Members Present: Brekke, DuBois, Sweeney,Link, and President Amundson Members Absent: None Staff Present: Mark McNeill, City Administrator,R. Michael Leek, Community Development Director Others Present: Bruce Loney,Public Works Director/City Engineer, Judith S. Cox, City i Clerk;Tun Thomson, City Attorney;Development Coordinator; Gregg Voxland, Finance Director; and Councilmember-Elect Gary Morke L Roll Call President Amundson called the meeting to order at 8:45 p.m. Roll was taken as noted above. IL Aparoval of Agenda Link/DuBois moved to approve the agenda as presented.Motion carried unanimously. IR Consent Business Sweeney/Link moved to approve the Consent Agenda. Motion carried unanimously. Minutes Sweeney/Link moved to approve the minutes of July 6 and 20, 1999. (Motion carried under the Consent Agenda). IV. Financial Sweeney/LInk moved to approve bills in the amount of$62.00 for the EDA General Fund. (Motion carried under the Consent Agenda). V. Resolution No. 99-3, A Resolution Approving Modification of Tax Increment Financing Plan for Tax Increment Financing Districts Nos. 1,3, 7,and 9. Link/DuBois offered Resolution No. 99-3, A Resolution Modifying Tax Increment Financing Plan for Tax Increment Financing District Nos. 1, 3, 7, and 9, and moved its adoption. (Motion carried under the Consent Agenda). VL Adjournment, Sweeney/Link moved to adjourn to November 16, 1999. Motion carried unanimously. The meeting was adjourned at 8:47 p.m. • J dith S. Cox, E.DA Secretary Esther TenEyck, Recording Secretary 164 CITY OF SHAKOPEE COY\ J�Y) Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: January 13 , 2000 Introduction Attached is a listing of bills for the EDA for the period 12/17/99 to 12/31/99 . Action Requested Move to approve bills in the amount of $1, 967.64 for the EDA General Fund and $98 .29 for Seagate (code 9450) . H 1 0000000 0 0 0 0 0 0 0 0 II H 1 0000000 0 0 0 0 0 0 0 0 II AI • • . . . . • . II Glx i 0000000 0 0 0 0 0 0 0 0 II U I H 0 0 (n 0 0 0 w w w a1 at 01 a\ M H w O O N 0 0 0 t0 t0 t0 N N N N 01 H M O O O1 O 0 Ln N N N CO O W CO in CQ N 0 1/40 H H CO N 1.0 1.0 to 01 01 01 01 W ar] Ln (O rn rn a1 0 A H H H H N H II MI U) II 7+ II xxxxxxx Cnm II 0000000 0 01 al w o1 co win a1 rn w N w co N a1 M • a1 a1 co N • ao N m U N N ,-] in U Ha 0Ci 00HtND A CO U) U1 W H Cl) ril a44 wH 4 a00 uHia 00 CO• CO CO CLI CO 0 CO O ai7ar] OMU W H oo P I\\W 0 Hr� xocaaaa,ax x rxaac a z A aw > Haa� > a1 O U) g E H a4 H fZ a1 Z 1.1000O1-1ZU 0 H • H 0 � Z � " gSA H PI a m a aZ >4CO Z 0 >4 w W N H -HAW .. A N a H OUwao40 wu zzco >4 (I-1 CO OHZUl0AH U HH 0 A oiaXaCCnnwz • M H OS H U R: FC 0q Z m H m s 0 H l0 CO H W. l0 CO CO l0 W N N CO co N N co co > N w H Ln N N N H l0 w a1 1/4.0 l0 N w CO W. N 01 CO 01 Ln N U H H R H e-1 O H H W.>~ 0 two two two two 1.0W. 1.0two U Z 0 0 0 0 0 0 0 0 01 01 01 01 01 01 01 al a1 01 a1 01 01 01 01 01 01 01 01 01 01 01 01 01 H HHHHHr-I H ��� J H H ri H H H H H GI m M M M M M M M FC N N N N N N N N A H r1 H H H H H H * * * * * * * * H Ln 0 0 01 01 H in O in * H H H w 0 w * O a1 * 0 E 0 * r'] 0 0 0 HO O M H O H W H H H N CO 01 CO CO a4 H rn a4 F•4 O CIMCOMMCOV 0 H CO 0 H H w w w w w w w 0 > x w 0 > x 0 0 HHHHHHH a A 0 0 a H a04 H O4 01 01 O1 01 01 01 01 in A a HHHHHHr-I ClG o1 a w a IZ a 0000000 0 0 4 a1 0 0 4 H01 01 O1 01 O1 a1 M H 0 H 0 A H H H H H H H 0 0 H 0� .4 in in in in in in in H H * 0 H H E H (-IH H H H HO 0 * Ln O O * * C4 H H H r-LHHH H H * w H H * * %I/7A k s CITY OF SHAKOPEE Memorandum TO: EDA Chair and Commissioners Mark McNeill, Executive director FROM: Gregg Voxland, Finance Director SUBJ: Auditor' s Tax Increment Financing (TIF) Review DATE: January 11, 1999 Introduction The city auditors have completed their TIF review and are requesting additional compensation. Background The EDA authorized utilizing the city auditors to perform a review of the accounting end of TIF activities . The review is complete. The report is a document 2 inches thick and is available for review. There is no executive summary for the report - this is a detail document . The largest single item by far is a recoding of receipts which results in moving $16, 550 to the General Fund from the TIF funds . The other items are relatively minor. The attached quote shows a cost not to exceed $8, 000 . Funding for the $8, 000 is from Tax Increment . The bill received is for a total of $10, 821 . 00 . The budget for the whole review is $12, 000 . The bill from Springsted for their portion has not been received yet . The volume of documents and therefore the time to do the review was greater than expected. Kern DeWenter and Viere has submitted the attached request for additional compensation. KDV' s proposal is requesting the EDA to pay an additional $2, 000 that they would absorb the balance of the additional costs . I was advised of the greater volume of documents than expected during the course the review. I do not recall any mention of compensation made in that conversation. Alternatives 1 . Stay with the not to exceed of $8, 000 . 2 . Accept KDV' s proposal . 3 . Other combination. Action Move to authorize payment for the tax increment review to Kern DeWenter and Viere in the amount of $ (Council decision as to the amount) . Gregg Voxland Finance Director G:\finance\docs\taxinc\review2 S� " w'S N I. Protect From: STEVE WISCHMANN To: gvoxland@logis.org Date: Mon, Jan 3, 2000 9:28 AM Subject: TIF Project Gregg- Happy new year! Hope there are not too many y2k bugs. I wanted to again thank you for letting us provide the TIF services we recently finished. Our final work in process cost for the project totaled $11,428. As loren was reviewing the billing, he wanted me to ask if we could bill the City an additional $2,000 for unanticipated time. The extra time was basically a result of the number of transactions and reconciliation procedures we needed to complete to provide you with the best information. We are willing to write off 10 percent, down to$10,000, if the City would agree to the additional $2,000 billing. Please review and contact me via e-mail or phone at 320-650-0217. (s{,v i SCIn ma nn k o V V.(J Thanks, Gregg Steve Wischmann, KDV. Kern - e • to ,fre,# Ltd a • Certifies 'ub accountants October 13, 1999 Mr.Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1351 Dear Gregg: We are pleased to present the following quote for services requested as a result of our meeting on October 13, 1999. Our services for the City will include general accounting and reconciliation functions for the purpose of preparing the City's Tax Increment Financing(TIF)Districts for future audit by the State of Minnesota. Our quote for the above services will be billed at our usual and customary rates,but will not exceed$8,000. If special circumstances arise which may require additional fees,we will discuss it with you and arrive at a new fee estimate before we incur the additional cost. If you agree with the terms of the above consulting and accounting quote,please sign the bottom of this letter and return it to us. Sincerely, KERN, DEWENTER, VIERE, LTD. Steven G. Wischmann Certified Public Accountant RESPONSE: This letter correctly sets forth the understanding of the City of Shakopee. / Council or Designee Signature fir Title w �� Date /`.1/2--,"/9/ S 7;4r-7— I//,/gg 220 Park Avenue South, P.O. Box 1304 7600 Bass Lake Road, Suite 104 St. Cloud, MN 56302 Minneapolis, MN 55428 320-251-7010 • Fax: 320-251-1784 612-537-3011 • Fax: 612-537-9682 www.kdv.com OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 14, 1999 Mayor Brekke called the meeting to order at 5 : 00 p.m. with Councilmembers Deb Amundson, Cletus Link, Bob Sweeney and Jane DuBois (at 5 :10 p.m. ) present. Also present were Mark McNeill, City Administrator; R. Michael Leek, Community Development Director and Bruce Loney, Public Works Director. Link/Amundson moved to approve the agenda. Motion carried unanimously. The Council entered the Work Session regarding the housing moratorium. The following members of the Planning Commission were present: William Mars, Gary Morke, Mary Romansky and Michael Willard. Present from the Board of Review was Cory Bullard. Jon Albinson was also present . Mayor Brekke reviewed the agenda. He explained that the meeting was a time to come together to discuss the progress made during the residential moratorium. R. Michael Leek suggested the need for discussion on the R1C district noting that there is not a distinguishable difference between the residential and downtown areas. Gary Morke noted that the City has more than its share of high density and he preferred the single family approach. Bob Sweeney noted that the mix of housing styles is what started the discussion of the moratorium process. Jane DuBois entered the meeting at 5 :10 p.m. Jane DuBois stated there is a need to provide options for people who cannot afford homes. Ms . DuBois cited a study from HUD indicating that 7% of housing in the next five years will be attached. William Mars cautioned increasing density in the downtown area. Mayor Brekke noted that there were only three or four areas of high density residential area left in the City. Michael Leek stated there is an expanding need for rental housing. Mr. Leek indicated that staff is looking at where the City is at in relationship to life cycles and goals. Cletus Link stated that an economic problem exists due to the high cost of land and developers wanting to get as much as they can out of the land. Mr. Link stated that the City needs to regulate its desires. Regarding the land use on either side of CSAH 17 south of Highway 169, Jane DuBois suggested putting high density along the freeway to lessen noise. Deb Amundson stated the City needs to keep in mind that townhouses for upper income people are becoming popular. Cletus Link noted that high density may be more valuable for Official Proceedings of the September 14, 1999 Shakopee City Council Page 2 commercial type dwellings. William Mars noted that access will be a problem if the City spreads out too far. Ms. Amundson stated that if the City wants to support the industrial community, it needs to provide housing to go along with the industry. Michael Willard suggested that the HUD and HRA studies may be skewed and should be taken with a grain of salt. Bob Sweeney reiterated that the City needs to provide housing for the people who live and work here. Michael Leek suggested attempting to create a planned residential area. Bob Sweeney stated the area may need to be zoned with PUD. Mr. Sweeney suggested also looking at the Kilarney Hills area as some of those residents may have a problem with rezoning. William Mars stated the City had worked hard on increasing the lower end of residential housing and neglected to look at the upper end. Mr. Sweeney noted that the developed end of the City does not provide for that type of housing. Mr. Sweeney stated that the City needs to decide how many commercially focused areas it wants in the developed City. Mayor Brekke stated there was a consensus to direct staff to draft a planned residential area and present it to the Planning Commission. Regarding commercial development in the Jackson township area, Michael Leek stated it was necessary for the City to discuss its plans with Jackson Township. He also recommended looking at the County Road 15 and Highway 169 area as a site for possible commercial building. Bob Sweeney noted that the City holds the Chaska interceptor which Jackson Township also needs . Mr. Sweeney stated that the City needs to be firm with the township regarding what is acceptable and what is not. William Mars suggested the City needed to be a leader rather than a reactor. Regarding Area 5 (south of STH 169, west of CSAH 83, and north of CSAH 16) of the map distributed for the meeting, Michael Leek stated that the area is guided for commercial, however, the designation could be changed. Jon Albinson stated that Mr. Leek' s suggestion was appropriate. William Mars stated that the quadrant was very important . Mr. Leek noted that Area 6 is the Ziegler parcels and there was not a lot of developmental interest . It was noted that Area 7 (N.W. corner of CSAH 15 and STH 169) is developable on a limited basis. Regarding Area 4 (at CSAH 78 and 17) , it was noted that even with the new ordinance changes and reguiding, a concern existed that the area is being driven too much by developers. A suggestion was made to consider options such as developing a mechanism that if a developer requests a public improvement project, the developer would indemnify the City against the cost of assessments that cannot be collected. Another suggestion was to include in the City feasibility studies an Official Proceedings of the September 14, 1999 Shakopee City Council Page 3 analysis of properties that may become developable because of the improvement (s) . Regarding retaining a rural residential buffer, Bob Sweeney suggested leaving the plan as is and it could change if needed. Gary Morke noted that there was a piece of property at 13` Avenue and County Road 17 that was not MUSA (the Peavey Elevator property. ) Jon Albinson stated that that area was in a flood plain. Michael Leek stated that he would make changes based on the consensus and report back to the Planning Commission. Bob Sweeney suggested another meeting between all parties to work out the details together before sending the matter to the Planning Commission. A date of October 12, 1999 at 5 : 00 p.m. was chosen. A discussion was held regarding the problem with used car lots on 15' Avenue. Possible suggestions were to license dealers or pick a maximum amount of used car dealerships that the City will allow. Jane DuBois suggested finding out what other cities do. Michael Leek stated he would check into the matter. William Mars stated that the Planning Commission continues to get extremely frustrated with the Council overturning the Planning Commission' s recommendations. Mr. Mars stated that the Council is sending a message that the Planning Commission is not doing a good job. Cletus Link stated that the Planning Commission does not have the levity that the Council does . Mr. Mars stated that when politics get mixed in, the decisions divert from the rules . Mayor Brekke stated that he understood Mr. Mars' concerns. Mr. Mars stated that the Council needs to be careful with bending to citizen' s demands and recreate the integrity of the Council . Michael Willard stated the best example of both the Planning Commission and City Council working together was the Target signage issue. Jon Albinson stated that the Council needs to consistently apply policies. Bob Sweeney stated that if there are too many requests for variances, a review of the codes should be performed. Mr. Sweeney noted that statutorily, the Council is an appealable body. Gary Morke stated that the Council still needs to base its decision on law and not what feels good. Mr. Link stated that if the Council ' s decisions do not hurt anyone and the minimums are adhered to, it does not make any difference. Mr. Mars stated that he believed 80% of the Planning Commission' s recommendations have been overturned by the Council . Jane DuBois stated that the Planning Commission is doing a good job and they are hardworking, dedicated people. Ms. DuBois stated she believed in a common sense approach. Mary Romansky questioned whether the City is getting in a time crunch regarding the end of the moratorium period. Michael Leek Official Proceedings of the September 14, 1999 Shakopee City Council Page 4 replied that assuming there is no extension of the moratorium, the City could extend the review period for applications under Minn. Stat. 18 . Sweeney/Amundson moved to adjourn to September 21, 1999 at 7:00 p.m. Motion carried unanimously. Meeting adjourned at 7:09 p.m. Respectfully submitted, tikottA, d_ ) dith S. Cox City Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 12, 1999 Mayor Brekke called the meeting to order at 5 :00 p.m. with Councilmembers Deb Amundson, Jane DuBois, Cletus Link and Bob Sweeney present. Those absent : None. Also present were Mark McNeill, City Administrator, Michael Leek, Community Development Director, Bruce Loney, Public Works Director and Mark McQuillan, Parks and Recreation Director. Sweeney/Amundson moved to approve the Agenda. Motion carried unanimously. A discussion was held regarding the rebidding of the municipal swimming pond project . Mark McQuillan reported that the following bids were opened this morning: Pool Construction, Burnsville, $756, 610; Wanzak Construction of Fargo, N.D. , $828, 000 and Olympic Pools, Shakopee, $840, 000 . Mr. McQuillan stated the bids included sand or pea rock and stainless steel inlet loops. It was staff ' s recommendation to accept the bid of Pool Construction. Mark McNeill stated that the reason the project was rebid was due to a wide discrepancy in the first bid between the base bid and liner repair. Mr. McNeill stated that the second bids contained better base bids and a more secure cost for liner repair. Jane DuBois questioned whether the City was familiar with Pool Construction' s work. Mark McQuillan noted that Pool Construction first worked on the pool in 1991 when the new liner was installed so it is familiar with the facility. Mr. McQuillan stated that the reason Pool Construction did not submit a bid on the first round was because there was a miscommunication between its manager and the staff as to the deadline to submit bids . Cletus Link questioned whether change orders would be necessary. Mr. McQuillan stated that he did not foresee any change orders being necessary and that the City did receive design specifications from U.S. Aquatics. A representative of U.S. Aquatics approached the podium and stated that a thorough review of the matter had taken place, but there is no guarantee what will be found after the digging begins. Amundson/Sweeney moved to accept the bid of Pool Construction, Inc. for $756, 610 for the renovation of the municipal swimming pond. Motion carried unanimously. Mark McNeill reported on the contract for an exterior identification sign at the Shakopee Community Center. Mr. McNeill noted that 13 companies were contacted over several months regarding quotes for the project, however, only one company submitted a bid. That company was Menke Wood Products with a bid of $6, 900 . Mr. McNeill noted that the bid did not include electrical work which he estimated to be in the $1, 000-$1, 500 range. Official Proceedings of the October 12, 1999 Shakopee City Council Page 2 Link/DuBois moved to accept the bid of Menke Wood Products for $6, 900 for the construction of an exterior identification sign at the Shakopee Community Center. Motion carried unanimously. The Valley Green grading permit was discussed. Bruce Loney approached the podium. Mr. Loney stated that a grading permit can be applied for as part of the zoning ordinance when more than 50 cubic yards are going to be excavated in what is considered shoreland or a flood plain. Mr. Loney noted that any grading in shoreland or a flood plain requires a grading permit . He stated that the City allows permits prior to preliminary plat approval and that the matter can be taken care of administratively. Regarding the Valley Green site, Mr. Loney noted that the site has been under study for a few years regarding how to develop it for its best use. He indicated that the City had looked at a preliminary plan and now a final plan and that the final plan . appeared to be a good plan for the intended use. Mayor Brekke questioned whether there was any law prohibiting property owners from removing trees . Bruce Loney stated that he believed there was one in place for residential property owners . Michael Leek stated that the shoreland ordinance restricts intensive vegetative clearing within the shore impact zone which would impact the Valley Green property. Mr. Leek indicated that a tree preservation and replacement ordinance was currently being drafted and should be available for review in November. Jane DuBois questioned whether other cities typically grant grading permits prior to properties being rezoned. Bruce Loney stated that typically grading operations are not allowed before preliminary plat approval due to possible changes . Michael Leek stated that the grading plan and application for grading permit for the Valley Green property was received and reviewed prior to the adoption of the new subdivision ordinance. Regarding the question of whether this is typically done before a zoning change, Mr. Leek indicated that he spoke with the city attorney who thought that grading can take place on a site whether or not approval has been granted unless there is something specific in the city code that prohibits it . Jane DuBois stated that she had received three calls from property owners who stated that they did not receive timely notice of the zoning change and noted that she had previously asked for signage to be placed. Michael Leek stated that individual notices were sent to property owners within one-half mile of the subject property. Cletus Link questioned whether a property owner that wanted to develop his property but did not having the rezoning, platting approval, etc. could receive a grading permit. Mayor Brekke replied that this would not be an option under the new subdivision ordinance. Mr. Link stated that it seemed like favorable treatment was being given to one developer over another because in this situation developing was taking place without Official Proceedings of the October 12, 1999 Shakopee City Council Page 3 approvals. Mayor Brekke replied that the Valley Green matter was a timing issue. Mr. Loney stated that the developer was informed that it was at risk if it proceeded with the grading. Mr. Link opined that the Planning Commission and City Council were blindsided on this matter. Bob Sweeney stated that the Council has had discussions in the past where the code was changed and something which was previously acceptable was now not acceptable. Mr. Sweeney stated that the bottom line was that courts have held that cities cannot change codes retroactively. Jane DuBois returned to the subject of giving sufficient notice to property owners of zoning changes and stated that signage needs to be installed in the subject areas. Mayor Brekke stated that the reason a notification problem was encountered in this matter was that the ordinance allowed issuance of a grading permit prior to zoning changes. He indicated that people did receive notice of the zoning change. Ms . DuBois again questioned why a sign cannot be placed and stated that Council gave a directive to staff one to two years ago regarding signage but nothing was done. Bob Sweeney questioned what the statutory requirement was regarding the matter. Michael Leek stated that notice must be given 10 days prior for land use applications . Regarding the signage issue, Mr. Leek stated that the last directive he recalled from Council was in approximately April, 1999 and some scheduling issues were encountered. Mr. Leek stated that if the City is going to provide signage 60 days before, then it would also need to require applications 60 days before acting on them. Mr. Leek noted that the current lead time was three weeks. Regarding the Valley Green property, Mr. Leek stated that even if signs had been installed, it would have only been a five to seven day difference between installation of the sign and the time when individual notices were sent . Ms . DuBois stated that she did not feel a letter was sufficient. Mr. Sweeney questioned whether the letters were sent certified mail and Mr. Leek replied that they were not . Mayor Brekke suggested putting the matter on the next agenda for discussion. Mr. Sweeney questioned how much the City wanted to go beyond the statutory requirement and noted that the City did send notices to property owners within one-half mile, which was four times more than required. Mr. Leek stated that Ms . DuBois ' suggestion was a good one and that he had sent a directive to staff to proceed with it in the future. Mayor Brekke stated that the matter would be further discussed at the next meeting. A recess was taken at this time. The Council entered the Work Session regarding the planned residential district regulations. The following members of the Planning Commission were present: Terry Joos, Larry Meilleur, Gary Morke and Michael Willard. John Schmidt was also present. Official Proceedings of the October 12, 1999 Shakopee City Council Page 4 Michael Leek stated that the regulations were drafted for the 169 planned or mix use residential area, however, they may also apply to other areas as the need arises. Mr. Leek stated that the proposed regulations were for 1- and 2-family dwellings; medium density, multiple family residential, neighborhood commercial and mixed use projects which could be allowed after site plan approval by the Planning Commission and Council . Mr. Leek stated that he had spoken with the City Attorney who said that case law may be lessening cities ' abilities to impose conditions if it calls such conditions "site plan approval" , therefore, the City may want to go back to using the term "CUP. " He stated that he hoped to have the text amendments to the Council by the second November meeting along with a summary of what has been accomplished during the moratorium. Larry Meilleur noted that the moratorium was scheduled to end in December and questioned how the regulations would be incorporated into the comprehensive plan. Michael Leek stated that the land use map was the principally affected document. It should be out by the end of the month and would have a limited review of 30 days so that public hearings regarding the revisions could be scheduled in December. Mr. Meilleur suggested a broader explanation of the revisions in the paper to improve the communication process, and Mr. Leek indicated he would work with the paper. Bob Sweeney stated that the government channel could be used as a substantial notification because many people watch the government channel . John Schmidt noted that the transmission was inadequate during the last airing and reminded Council and Planning Commission members that the microphones should be directly in front of them when they are speaking. Mr. Schmidt also indicated that the last time a comprehensive plan review was performed, the City intentionally did not notify specific people as to what specific pieces of land were being rezoned because the law did not require it and therefore, the City did not get people' s attention. Mr. Leek noted that there have been previous meetings and public hearings regarding revisions, and that over 800 notices have been sent out. He also noted that rezoning has to conform to the comprehensive plan so until the comprehensive plan is adopted, the City probably would not want to go through individual rezoning unless it received applications that were consistent with what was tentatively adopted and sent to the Metropolitan Council . Mr. Leek stated that he did not think the moratorium needed to be extended to deal with any potential problems. Mr. Sweeney stated that he would like to receive the revisions the Wednesday before the meeting rather than the Friday before and Mr. Leek indicated he would try to do so. Gary Morke requested clarification as to what neighborhood/commercial development entails. Michael Leek replied such a development would involve a certain number of retail and service uses with a limitation on lot area of one acre to encourage multiple uses in a single structure. Mayor Brekke Official Proceedings of the October 12, 1999 Shakopee City Council Page 5 stated that such a development would serve the neighborhood. Mr. Leek also pointed out that such a development would be subject to a CUP so the City would have broad discretion. He also noted that no PUD' s would be proposed to discourage variations from design standards. Terry Joos stated that he was concerned that apartment buildings would not be allowed and apartment buildings will be needed and should be scattered. John Schmidt stated that many of the land use areas are being used to develop townhome-type units. Mr. Schmidt stated that the 15% open space was ambiguous when dealing with a three or four story building as compared to a townhome unit and that open space needs to be more flexible. Deb Amundson shared her concern with Mr. Joos about apartment housing. Jane DuBois questioned whether the district would allow for an apartment complex such as the Country Village apartments in the downtown area. Mr. Leek replied the proposal that was being reviewed was for the area south of 169 . Larry Meilleur stated that the City cannot overlook the fact that the area is market driven and will see a migration of the over 55-type housing. Mr. Schmidt questioned whether the area north of Fourth Avenue was still zoned R3 and R4 . Mr. Leek replied that he thought it was, however, he would have to check the map. Mayor Brekke stated that the draft ordinance was a good one and he supported it, however, he voiced concern that the remaining medium and high density residential was concentrated in that district . Mayor Brekke suggested other areas along County Road 17 be included in the plan to extend the district . Bob Sweeney agreed with Mayor Brekke. Larry Meilleur stated that anything new usually creates discussion but the reality of the situation is that it is part of the process and selective usage can accommodate the different types of development. John Schmidt supported the view that would allow expansion of the district. Michael Willard questioned why if the market demands are present and the site is correct, the City could not have the density required of an R3 or R4 because all that was required was a site plan approval and review by the Council and Planning Commission. Jane DuBois agreed with the expanding of the district . She questioned why the City would want to limit the proposed revisions to just the 169 area because when the market changed the plan would have to change also. Michael Leek replied the reason the plan was limited to the one area is that the Council and Planning Commission stated it was their wish to look at that area. Larry Meilleur stated the plan would give elected officials, appointed people and citizens input and the opportunity to look at what is best for the community rather than being development-driven. Mr. Meilleur stated that the proposed revisions give the City a tool to say a proposed development does not work. Mr. Schmidt stated that the City also needed to address the parking spaces in high density areas . Official Proceedings of the October 12, 1999 Shakopee City Council Page 6 Staff was asked whether it was possible to look down the road and see if there would be any problems enforcing the proposed changes. Michael Leek stated that if there is a pitfall in the plan, it would have to do with whether or not the market will respond to the plan as compared to being a functional plan. Mr. Leek indicated that developers may have problems with the plan but the City can respond that its intent was to mix uses more readily than is now available. Michael Willard stated the City should look at some of the newer communities, which have a blend of uses with no less setbacks . Jane DuBois noted that a lot of other cities use more berming. Gary Morke questioned what Subd. 4A meant and Michael Leek replied that it related to keeping the building and grounds up. Mayor Brekke indicated he was more comfortable with the plan after reviewing it this evening. Jane DuBois suggested reversing the medium and high density areas so that the high density area was next to the freeway. John Schmidt stated that the City is a growing community, which is currently not offering the opportunities to come in but the demand is there. Mayor Brekke stated that the City needed to get some land under its control . He stated that he would be reluctant to expand the commercial area because of traffic problems and no interchange. Ms . DuBois noted that the west side of the City would not be as much of a problem because the roads would be there from development . Mr. Schmidt stated that the industrial park area is rapidly disappearing and the City needs it for its tax base. Gary Morke stated that the City also needs to look at upper end residential areas. Bob Sweeney stated it may be a good idea to approve the proposed changes in principal and get suggestions from staff of other areas that might fit in this type of plan. Deb Amundson suggested extending the area down County Road 17. Mayor Brekke noted that the plan is open to changes. Michael Leek stated that he would be finalizing text amendments for the. Planning Commission to review at its November 4h meeting after which revisions could be made if necessary and brought to the Council. Bob Sweeney suggested that another workshop may be necessary to review the text amendments in depth because it would be difficult to do so at a Council meeting since there are many other items on the agenda. Sweeney/Amundson moved to adjourn the meeting. Motion carried unanimously. Meeting adjourned around 6 :25 p.m. Respectfully submitted, griaJA(.1 mith S. Cox y Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 19, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Authority Coordinator; and Jim Thomson, City Attorney. The pledge of allegiance was recited. The following item was removed from the agenda: 15.D.6. Excess MnDOT Property- Parcel 45 (Southbridge). The following item was added to the agenda: 15.E.8. Eagles Premises Permit Link/Sweeney moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 15.A.1. Y2K Insurance Coverage; 15.D.2. Authorize Feasibility Report for Trunk Watermain Extension from Southbridge Parkway to Stagecoach Road - Res. No. 5245; 15.E.7. Accept Bid for Downtown Parking Identification Signs; and 15.E.8. Eagles Premises Permit. Sweeney/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. Dave Benson, 1852 E Vierling Dr., approached the podium and stated that the screening for the drainage pond on the east side of the Kmart development is inadequate. A discussion was held regarding withholding the Certificate of Occupancy for Kmart until proper screening is provided on the east side. City Attorney, Jim Thomson suggested directing staff to look into this issue and come back with a report as to what the options are. Link/DuBois moved to direct staff to look into the possibility of withholding the Certificate of Occupancy until proper screening is provided to the satisfaction of the property owners on the east side of Kmart, and to come back with a report as to what options are available. Motion carried unanimously. Sweeney/DuBois moved to approve the Minutes of May 26, September 7, and September 21, 1999 (Motion carried under the Consent Agenda). Official Proceedings of the October 19, 1999 Shakopee City Council Page 2 Sweeney/DuBois moved to approve Bills in the amount of $958,093.35. (Motion carried under the Consent Agenda). Mayor Brekke opened the public hearing on proposed assessments for the 1998 reconstruction project, Project No. 1998-1, Res. 5244. Bruce Loney reported that this project was completed, except for minor punch list items. The final project costs are $1,112,312.40, and includes construction costs, right-of-way costs and engineering/administration costs. He said this project was to replace a sanitary sewer main system, improve the storm drainage system in the area, complete street reconstruction in the 5th Avenue, 6th Avenue, Fuller Street, and Sommerville Street areas, and sidewalks. Regarding project costs, Bruce Loney stated that $229,000 is being assessed to the property owners. Shakopee Public Utilities is paying $175,000 and the remainder is paid through tax levy, sanitary sewer and storm drainage funds. The City is paying approximately 63% of the project costs, SPUC 16% and 21% of the project is being assessed. As per the Assessment Policy, the City pays for 50% of this sewer main cost and 50% is assessed to benefiting properties. Regarding appeals to assessments, Judith S. Cox, City Clerk, stated that anyone wishing to appeal must submit something in writing before the closing of the public hearing, advising the Council of their intent to appeal the special assessments. After that, there are additional procedures to follow, outlined in the notice received in the mail. These will also be outlined in the notice to be received after the public hearing from the finance department, advising of the amount that the City has adopted for the public improvements. She explained that the assessments will be spread over 10 years. Property owners will pay 1/10 each of the 10 years, one-half in May with property taxes and the other one-half in October with property taxes. A partial payment may also be paid within 30 days in a minimum amount of$100. The remainder may be paid in full at any time in the 10 years. Bruce Loney acknowledged receipt of an assessment appeal from Mary Cain, parcel No. 27- 001552-0. Mayor Brekke asked if there was anyone present who wished to address the City Council on this matter. There was no response. Mayor Brekke closed the public hearing. Sweeney/DuBois offered Resolution No. 5244, A Resolution Adopting Assessments for the 1998 Street Reconstruction Project, Project No. 1998-1 and moved its adoption. Motion carried unanimously. Official Proceedings of the October 19, 1999 Shakopee City Council Page 3 Jim Thomson, City Attorney explained that the purpose of the tobacco hearings is to determine whether action should be taken against the licensees because of alleged violations on August 13, 1999, and if so, what penalty should be imposed. He suggested that the Mayor call the cases, at which time the licensees have the opportunity to either admit or deny the violation and request a hearing. Mayor Brekke called on representatives of Budget Liquor. Edward Swadden, 6268 Hwy 101, Budget Liquor, approached the podium and admitted that the violation occurred. He said they are implementing a computer system, prompting the check for ID at the time of sale, in the next 30-60 days as well as requiring a photo ID for all purchases beginning December 1 regardless of age for both alcohol and tobacco. Regarding the penalty for a first violation, the City Attorney stated that the Ordinance provides for an administrative penalty of $200 and a license suspension of one day and a maximum of 10 days. He also stated that that on May 4, 1999, the penalties that were imposed for first time violators a $200 administrative fine and a three day license suspension. Sweeney/Amundson moved to impose an administrative fine of $200 to Budget Liquors and a tobacco license suspension of three days beginning Thursday, October 28, 1999. Motion carried unanimously. Mayor Brekke called on representatives of Canterbury Park Concessions, Inc., 1100 Canterbury Road. Mike Garin, 5216 West 111th Street, Bloomington, approached the podium and admitted that the violation occurred. He said this was their third compliance check and that the bartender did ask for ID, but miscalculated and immediately realized the mistake and called the supervisor to find the minor, who was returning with the compliance officer. He said the change in the Minnesota driver's licenses is positive in assisting bartenders. He said they have a zero tolerance policy regarding this situation and have changed their policies from the Federal law, which requires ID up to age 27, and raised theirs to 40. Link/Sweeney moved to impose an administrative fine of $200 to Canterbury Park Concessions, Inc., and a tobacco license suspension of three days beginning Thursday, October 28, 1999. Motion carried unanimously. Mayor Brekke called on representatives of Tom Thumb # 250, 590 So. Marshall Road. Galen Malecha, Manager, approached the podium and admitted that the violation occurred. She stated that they will also be getting a computer system that will require that the age of the person purchasing tobacco or alcohol be entered. She said they have a zero tolerance policy Official Proceedings of the October 19, 1999 Shakopee City Council Page 4 and terminate employees selling tobacco to minors. She said the employee that sold tobacco to the minor has been terminated. The City Attorney stated that for a second violation within a 3-year period the penalty is a $500 administrative fine and a license suspension for a minimum of 1 day and up to 20 days, under the City Code. He said that there was another incident of a 2nd violation at the May 4, 1999 meeting. At that time, a $500 fine was imposed as well as a 20-day license suspension. This incident involved a licensee that did not appear for either the first or second violation and the Council took that into consideration. DuBois/Sweeney moved to impose a 15-day tobacco license suspension beginning October 28, 1999 to Tom Thumb #250, 590 So. Marschall Road and a $500 administrative penalty. Motion carried unanimously. Mayor Brekke called on representatives for Koehnen's Amoco, 804 East 1st Avenue. Mike and Robin Koehnen approached the podium and stated that the violation did occur. They also stated that they did pass the last check and are trying to improve. The person who sold the tobacco thought they knew the person buying but really did not. Amundson/Sweeney moved to impose a $500 administrative penalty and a 15 day tobacco license suspension beginning October 28, 1999 for Koehnen's Amoco, 804 East ls` Avenue. Motion carried unanimously. Sweeney/Amundson moved to collect the $200 suspended administrative penalty from November 10, 1998 and add the one day suspension that was suspended at that time for Koehnen's Amomo, 804 East 1' Avenue. Motion carried unanimously. Mayor Brekke opened the public hearing regarding increasing tax rates and levies for payable 2000-Res. No. 5243. Cncl. Sweeney stated that the legislature has passed a new mandate for cities increasing tax levies and rates. This is calculated by dividing the pay 99 non-debt tax levy into the pay 2000 tax capacity to get a calculated tax rate. This will result in the calculated tax rate being lowered because of the growth in the tax capacity. He said the cut off date for holding the public hearing is October 20 and the City must submit to the County Auditor that a public hearing was held and the resolution adopted. The penalty for not doing so is that an increase cannot be levied. Gregg Voxland said the City is intending to increase the dollar amount of the general operating tax levy for pay 2000 compared to 1999. Due to the growth, the tax rate will go down next year but not as much as if the dollar amount of the levy did not increase. Official Proceedings of the October 19, 1999 Shakopee City Council Page 5 Mayor Brekke asked for comments from members of the audience. There were none. Mayor Brekke closed the public hearing. DuBois/Sweeney offered Resolution No. 5243, A Resolution Authorizing a Tax Rate Increase for the 1999 Tax Levy, Collectable in 2000, and moved its adoption. Motion carried unanimously. Mayor Brekke stated that the grading permit for Valley Green was issued within the confines of the Ordinance and the law, and there is no legal basis to revoke the permit. Michael Leek stated that Valley Green Business Park, and the City of Shakopee are requesting that the City amend the Official Zoning Map by rezoning property currently zoned as Agricultural Preservation (AG) and Light Industrial (I1) to Business Park (BP) and Highway Business (B1). This involves several parcels, of which the majority are currently zoned (Il) Light Industrial. The area is generally located south of the 169 Bypass, north of C.R. 16 and east of C.R. 83. Michael Leek reminded everyone that the City has gone through a long process to amend the Comprehensive Plan to allow business park use, specifically in this area of the City and to add it to MUSA. Referring to the staff report that went to the Planning Commission, he said that report recommended approval of the rezoning that was requested for all the parcels. He said the underlying theory is that the (BP) district is a similar but less intense zoning district than the (I1) and the (Bl) district in terms of the potential impacts is similar to an (Ii) district as well. The Planning Commission recommended approval of the rezoning request. Regarding the Shoreline Ordinance, Michael Leek said that both the previous staff and the current staff worked with the DNR for about two years to put together an Ordinance that would be consistent with the DNR's newest model ordinance for shoreline areas. The City Council adopted a new, more explicit and restrictive Shoreland Ordinance in 1997. He said one of the significant changes after 1997 relates to what constitutes the shoreland overlay zone around a lake. The previous ordinance language said that the shoreland overlay zone was 1000 feet out from the ordinary high water mark, or as drawn on the City zoning map. Under the current ordinance, the Shoreland Overlay District extends farther out than the previously drawn zone in some cases. Michael Leek explained that earlier this year there was an amendment to the new ordinance, (Ordinance No. 537) which created some confusion. He said that Ordinance does not change the area covered by the Shoreland Overlay Zone. This made it more explicit that industrial uses in areas around natural environment lakes are conditionally permitted uses and provides restrictions on setbacks. It also provides for the requirement of a Conditional Use Permit, limits building height to 35 feet, restricts impervious surface coverage to 50-75%. It also Official Proceedings of the October 19, 1999 Shakopee City Council Page 6 requires that the shoreline of Dean Lake is viewed as natural, and trails can be allowed in what is called the trail impact zone as a conditional use. In addition to changing the boundaries, Michael Leek said the new ordinance established more stringent restrictions in what is called the shore impact zone. This is measured from the ordinary high water mark to half the structure cutback, where only limited cutting and clearing can be done to provide some views to the lake from adjacent properties. It prohibits clear cutting. In response to a question as to the minimum distance to the high water mark that a building could be constructed, Michael Leek said the basic ordinance structure setback is 150 feet from the ordinary high water mark. He also said that the setback for uses without water oriented needs, but with water frontage, must be set back double the ordinary setback or be substantially screened from view from the water by either vegetation or topography. Kathy Gerlach, 4855 Eagle Creek Blvd., approached the podium and referring to section 4.22, asked whether Ordinance No. 537 was also changed to allow industrial development. Michael Leek stated that one of the changes was to make industrial uses conditionally permitted where previously they were not. However, in the 1997 version of this ordinance, there was language that specifically stated if there was a conflict in the uses list, in the zoning in place at the time of the adoption of this ordinance, so long as it is consistent with the comprehensive plan the existing zoning would stand. He said this was the case in this situation as there was an (I1) zone at the time of adoption. Kathy Gerlach referred to language relating to the current zoning and asked whether an allowance would have been made and whether that would have come from a public hearing. Michael Leek stated that the language of the 1997 Shoreland Ordinance did not provide for a public opportunity, but said that if there is a conflict the current zoning would be retained. In response to a question as to whether a grading permit could be suspended to allow further dialogue with the residents and Valley Green, the City Attorney stated that once the permit is issued the recipient does have rights and if they act on those rights there is very little the City can do. John Pietrzak, 5411 Eagle Creek Blvd., approached the podium and said that as a neighbor the developer has a responsibility to him because they are burning and changing the air quality. He said they are rushing the project. He said he is upset because he had not heard about what was happening with the industrial development on County Road 83. He said Shakopee is growing and the big developers are running the town. He did give them credit for creating a barrier to prevent erosion, but asked how the land will be controlled after it is purchased. Official Proceedings of the October 19, 1999 Shakopee City Council Page 7 Mayor Brekke stated that continued modification of ordinances will help control the land. This was done by modifying the Shoreland Ordinance in 1997 and again in February, 1999, and as recently as two months ago under the Subdivision Regulations. DuBois/Link moved to table the rezoning request of Valley Green Business Park for additional information that would be considered with the use and layout. Motion carried 3-2 with Cncl. Amundson and Brekke opposed. Jon Albinson, Valley Green Business Park, approached the podium and stated that he has been developing in Shakopee for 18 years and has a commitment to the City of Shakopee. He said he didn't understand what he needs to do to accommodate tabling this item. He said the Comprehensive Plan and Ordinances of Shakopee tell them how and what the City wants to do. He said he follows the rules and said that if he could keep the trees from an engineering standpoint he would, because his gross revenue would be higher. In response to the previous comment that they are rushing the development, he said they are rushing, but because they want to beat the snowfall. He said it is not possible to save all the trees but they have saved a lot of them, thanks to Kathy Gerlach and other residents. Some of the things Councilmembers would like to see with regard to the rezoning include: a concept plan, a site plan, engineering plans and environmental plans as well as the satisfaction of the concerns of the residents. Sweeney/DuBois moved to recommend that the City Council receive and file the audit for the Shakopee Community Access Corporation (SCAC). (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5251, A Resolution of the Shakopee City Council Adopting the Y2K Standard Operating Procedure and Incorporate it into the Shakopee Emergency Operation Plan for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to obtain the extended Y2K liability coverage from the League of Minnesota Cities Insurance Trust. (Motion carried under the Consent Agenda). Cncl. Link reported that he had received calls from residents with neighbors that have lawn service businesses in residential areas inquiring whether there is an ordinance regarding this. Michael Leek stated that staff needs to be notified of these instances so they can inform the residents that an application must be made for review. He said questionably uses are generally handled by surveying the adjacent neighbors for objections. Deputy Chief Poole, stated that there are a number of parcels where it is still legal to discharge shotguns according to City Ordinance. There are also some isolated pockets for bow and Official Proceedings of the October 19, 1999 Shakopee City Council Page 8 arrow. Mark McNeill stated that a resident in Horizon Heights would like to see further restrictions placed on hunting. The question is whether the Council would like staff to investigate further restrictions. John Schroers approached the podium and stated that he is a very involved sportsman and a long time resident of Shakopee. He wanted to express his concern for any alterations in the current structure. He said he would not like to see any change at this time that would hinder the opportunity now available. He has been shooting problem geese over the last few years and had the opportunity to show young people about firearms in the process. He discussed the goose problem in Eden Prairie and explained that Eden Prairie does not offer the hunt option. He asked for consideration of this on existing private and public open lands to ensure the opportunity to nearby residents. Dean Jansen, 1135 Menke Circle, approached the podium and stated that the goose hunting is mostly field hunting and is the safest thing he could do with his children and firearms. He said there are very few safe areas today for hunting. No action was taken by Council to make changes to the current City Ordinance relating to the discharge of firearms. If people feel there are violations, they should contact the Police Department. A recess was taken at 9:17 p.m. The meeting re-convened at 9:26 p.m. Michael Leek explained that some time ago the Finance staff suggested an increase in the ridership rate for the Van Pool. A meeting was recently held to discuss a proposal for council consideration. Michael Leek stated that the current rate has not changed since 1988 and the costs for leasing and maintaining the vans have increased approximately 5 percent a year. He said the proposed change for monthly riders would increase from $52.00 to $62.00; from $15.00 to $18.00 for weekly rates; from $4.00 to $6.00 for single round trip, and $2.00 to $3.00 one-way. He also said the farebox recovery ratio for vanpools is greater than for Dial-a- Ride and the express service, and runs 40-48 percent. In addition, he said the passenger subsidy is within the Met Council's target for this type of service, at $1.40-$2.00 per passenger. Michael Leek said that the Council may want to appoint a Transit Commission to look at this. He said appointing a Transit Commission previously failed as only four of the suggested seven people were secured. He suggested a 5-person board. Bill Anderson, Van Pool driver, approached the podium and asked for a delay in voting on the Van Pool fare increase, pending an overall review of the transit policies and goals by staff and interested riders. He also recommended the reinstatement of a Transit Commission. He discussed rider turnover as it relates to marketing, and added that without publicity it's hard to get more riders. He said the growth of the transit system is of great value to the citizens of Shakopee. Official Proceedings of the October 19, 1999 Shakopee City Council Page 9 Sweeney/Amundson moved to direct staff to review with Bill Anderson, the points he discussed. Motion carried unanimously. Sweeney/DuBois moved to direct staff to try to form a 5-member Transit Commission to address the Van Pool issues. Motion carried unanimously. Sweeney/Amundson moved to table the matter of Van Pool ridership rate increases until a recommendation is received from the Transit Commission. Motion carried unanimously. Eldon Reinke approached the podium and stated that there is a reverse commute program as part of the Van Pool system. He said if there were a marketing effort by the City and the Van Pool system, a lot of the traffic going in both directions could be cut back. Sweeney/DuBois moved to approve the appointment of Tami Vidmar to the position of Community Development Secretary effective Wednesday, October 20th, at Step 3 of Pay Grade D. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Ordinance No. 560, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations Sec. 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District, by Repealing Subd. 8, Snow Emergency Routes, and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5245, A Resolution Declaring Adequacy of Petition and Ordering the Preparation of a Report for a Trunk Watermain Extension, From Southbridge parkway to Stagecoach Road, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5247, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for 17th Avenue, From 1/4 Mile West of County State Aid Highway 17 To County State Aid Highway Project No. 1998- 4, adotion. (Motion carried under the Consent Agenda). itsg and moved P Sweeney/DuBois offered Resolution No. 5248, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for McGuire Circle, McGuire Court and Muhlenhardt Road, From County Road 16 to Horizon Drive Project No. 1999-2, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5249, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for the 1999 Street Overlay (11th Avenue, From County State Aid Highway 17 to Merrifield Street) and Block 6 Alley Official Proceedings of the October 19, 1999 Shakopee City Council Page 10 Reconstruction Project No. 1999-6, and moved its adoption. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to approve the application and grant a massage center license to Amy Snyder dba/Knead It Or Knot at 287 South Marschall Road upon compliance with the requirements of the City Code. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to waive the requirement of Section 6.40, subd. 6 of the City Code requiring a resident manager or agent so long as Ms. Snyder is on the site and is regularly operating the business. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to approve the application and grant an off sale 3.2 percent malt liquor license to Speedway Super America LLC, dba Speedway #8510, 1195 Canterbury Road. (Motion carried under the Consent Agenda). Mark McNeill explained that after a review of the Capital Improvements Program, it was noted that improvements or replacements would need to me made to the Public Works Facility, Police Station, Library, and possibly the City Hall and Shakopee Public Utilities building. Staff was then directed to make a recommendation on an architectural firm that could analyze existing facilities, and perform a space needs analysis to better determine costs and scheduling. Mark McNeill reported that four firms were interviewed and recommends JEA Architects of Hopkins. We only have hourly rates at this time. They will be asked to establish a scope of services and staff will bring back an estimate at the next meeting. Sweeney/DuBois moved to authorize the hiring of JEA Architects of Hopkins for City facility planning needs. Motion carried unanimously. Sweeney/DuBois moved to approve the receptionist job description and authorize the process to fill the position, at Step 1 of Grade AA. (Clerk Doc. #275) (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5252, A Resolution Amending Resolution No. 5034, Which Adopted the 1999 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). Regarding health insurance for City employees, Mark McNeill explained that placing a cap on the City's contribution toward the cost for insurance for single employees would mean that the City could keep the same budgeted amount for insurance, and increase the City's contribution for two party and family employees by $40.00 per month, rather than the $20.00 which is budgeted. However, this will still fall far short of the proportion of City participation seen this year. He said this was discussed with the employees, explaining that it could save between 4.3 and 7.1 percent on the increase in premium. Additional information relating to the possibility Official Proceedings of the October 19, 1999 Shakopee City Council Page 11 of Point of Service option is needed. He said there is a higher initial monthly cost but the out of pocket expense is eliminated, or nearly eliminated, with the exception of a co-pay. He suggested deferring this item until additional information is received from Blue Cross and a discussion has been held with the employees to explain this option. Discussion ensued on the City's contribution toward employee health insurance on a percent of the premium versus a set amount. Also, there was discussion on reducing or placing a cap on the City's equalizing reimbursement to employees taking single coverage. Sweeney/DuBois moved to set a joint public hearing with the EDA for November 16, 1999 regarding a business subsidy policy. (Motion carried under the Consent Agenda). Sweeney/DuBois moved to accept the bid from Earl F. Anderson & Associates in the amount of $3,576.76 for the purchase and installation of 22 parking identification signs for municipal parking lots in the central business district. (Motion carried under the Consent Agenda). Sweeney/DuBois offered Resolution No. 5250, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for Eagles Aerie 4120, and moved its adoption. (Motion carried under the Consent Agenda). Judith Cox, City Clerk clarified that the Premises Permit for the Eagles Club is located at 220 West 2nd Avenue, not at Pablo's Restaurant. A recess was taken at 10:17 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting was re-convened at 10:25 p.m. Sweeney/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 10:25 p.m. gwo, vottjt e5),&?6 Lith S. Cox City Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 3, 1999 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, Sweeney and DuBois present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Community Development Director; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Jim Thomson, City Attorney and Jerry Poole, Deputy Chief of Police. The pledge of allegiance was recited. The following item was removed from the agenda: 15.E.3. Senior Citizen Deferment of Special Assessments. The following items were added to the agenda: 15.E.12. SPUC Franchise Tax/City Contribution; 15.E.13. Apportionment of Special Assessments for French Trace 2nd Addition; 15.E.14. MnDOT Parcel Regarding Evergreen Heights; 17. Set Date for Workshop meeting. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke thanked Deb Amundson and the Citizen's Committee for their work and support on the referendum, and congratulated Cletus Link on his re-election to the City Council, and Gary Morke on his election to the City Council. The following items were added to the Consent Agenda: 15.E.13. Apportionment of Special Assessments for French Trace 2nd Addition; 15.E.14. MnDOT Parcel Regarding Evergreen Heights. The following item was removed from the Consent Agenda: 15.E.11. Amending TIF Budget - Resolution No. 5261. DuBois/Link moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. Dave Benson, 1852 East Vierling Dr., approached the podium and stated that he has not heard from Continental Properties regarding the screening on the east side of Kmart. Jim Thomson, City Attorney stated that Continental Properties is working on setting up a meeting, likely in the second week of November. Official Proceedings of the November 3, 1999 Shakopee City Council Page 2 Mike Kirby, 1765 Stone Court, approached the podium and discussed noise levels and testing. He said the testing was between 60-70 decibels at night, but was conducted on Vierling and Quincy. He said Michael Leek was going to talk to the Police Department about conducting another test. He said the noise levels are interfering with his enjoyment of his home. Mayor Brekke stated that staff needs time to complete a report and report to the Council, where Mr. Kirby could then make comments. DuBois/Link moved to approve the Minutes of July 6, 1999. (Motion carried under the Consent Agenda). DuBois/Link moved to approve Bills in the amount of$809,338.12. (Motion carried under the Consent Agenda). Mayor Brekke opened the public hearing on the 2000 Currency Exchange Licenses. Judith S. Cox stated that applications have been received for renewal of a currency exchange license for: Madison Financial Companies dba/Money Xchange; DRM LLC of Shakopee dba/Excel Pawn; and Game Financial Corporation. She explained that state law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicants have provided the State with the required $10,000 Currency Exchange Surety Bond and the Chief of Police has advised that there is no known reason to object to the granting of a currency exchange license to these applicants. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on this matter. There was no response. Mayor Brekke closed the public hearing. DuBois/Link offered Resolution No. 5253, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Madison Financial Companies dba/Money Xchange for a Currency Exchange License at 1147 Canterbury Road, and moved its adoption. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 5254, A Resolution of the City of Shakopee, Minnesota, Approving the Application of DRM LLC of Shakopee dba/Excel Pawn for a Currency Exchange License at 450 West First Avenue, and moved its adoption. Motion carried unanimously. Link/Amundson offered Resolution No. 5255, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Game Financial Corporation for a Currency Exchange License at 1100 Canterbury Road, and moved its adoption. Motion carried unanimously. Official Proceedings of the November 3, 1999 Shakopee City Council Page 3 Mayor Brekke opened the public hearing on the proposed assessments for 17th Avenue, from Sarazin Street to 1/2 Mile East, Project No. 1998-5. Bruce Loney said that this project is essentially completed and all project costs are identified. The total project costs are $902,084.35. Of this, 74% was construction, 16% Engineering and Administrative Costs, 4% street lighting; and 6% land acquisition. He gave a breakdown of the city's costs, and reported assessed costs of $477,177.80; city street oversizing and trail costs of $217,326.00, and trunk storm sewer costs of $207,586.55. He explained that the assessed amount was decreased by $42,721.62 and the city's street oversizing costs increased by that amount. Assessment notices will also be sent to all property owners after the assessment has been adopted, notifying the property owners of their new assessment amount. Mayor Brekke asked if there were any citizens present in the audience who wished to address the City Council on this matter. There was no response. Mayor Brekke closed the public hearing. Sweeney/DuBois offered Resolution No. 5256, A Resolution Adopting Assessments for 17th Avenue, From Sarazin Street to 1/2 Mile East of Sarazin Street and for the Extension of Sanitary Sewer, From Trunk Sewer SS-H Westerly; for the Extension of Watermain, From French Trace 1st Addition to 17th Avenue and Sarazin Street; and for a Trunk Storm Sewer From 17th Avenue to Mn/DOT Linear Pond Project No. 1998-5, and moved its adoption. Motion carried unanimously. Liaison reports were given by Councilmembers. Cncl. Link stated that a Stone Meadow Homeowners Association member asked if the City would be interested in making the private streets in Stone Meadow public streets, and if not, would the City consider plowing them for hire. Bruce Loney stated that this is a policy question for staff as these are newly constructed streets, which were not inspected by City staff, and are substandard streets. He said a bid could be submitted for an hourly contract. Michael Leek said that the requirement to Stone Meadow was that the streets be built to City standards. He said it was clear that the Planning Commission's intention was to require the Homeowner's Association to maintain the streets, and that they would not come back to City ownership. Sweeney/DuBois moved to direct staff to investigate the cost factors and to bid for plowing snow for Stone Meadow Townhome Association and to reject the request to accept the streets as public streets. Motion carried unanimously. Official Proceedings of the November 3, 1999 Shakopee City Council Page 4 Cncl. Sweeney reported on a software presentation relating to the Tax Capacity Rate at the County Board meeting. He said the problem with getting this quickly is due to legislative changes. He said if the Minnesota Coalition of Counties (MCC) is willing to support the idea of an interim answer they could provide it sooner. However, the best solution is to get the legislature to agree that any changes in the tax law would be effective January 1 of the following year, as opposed to July 1. Jim Thomson, City Attorney, stated that the purpose of the hearing is to determine what action to take for six allegations of selling alcoholic products to persons under age 21. Notices have been sent to each licensee informing them of this meeting. He said they were also notified that the City Council can impose any of the following penalties: a maximum penalty of $2000 and/or a license suspension for up to 60 days, a license revocation, or any combination, for violation of its liquor regulations. Jim Thomson stated that the alleged violations all involve first-time offenses with the exception of Crossroads Liquor. He explained that the licensees would have the opportunity to admit or deny the violation. If they admit the violation, there is no need for a hearing. However, if a licensee denies the violation, a hearing before an independent hearing officer will need to be scheduled if the Council considers suspension or revocation of the license. He recommended calling on each licensee and proceeding one at a time. A discussion ensued regarding education and penalties. Jim Thomson explained that the City must afford the licensees with the opportunity for a hearing. He said the hearing officer typically makes a finding as to whether the statute was violated. The matter ultimately comes back to the Council for a penalty without a recommendation from the hearing officer. DuBois/Link moved to continue the hearing to November 16, 1999, at 7:30 p.m. to allow the City Council and staff time to review the information and determine what the City does as far as education in the liquor community. Motion failed with Cncls. Link and DuBois in favor. Deputy Chief, Poole approached the podium and said that the checks that were conducted in April were done with the gambling and alcohol division of the State, who provided the person to make the purchase and worked with an officer. He said the sense from the Council was that this be done with local people, so the second round of compliance checks was done with Shakopee officers and patterned after that of the State agent. Referring to Appendix A, he said many of the areas were addressed during the compliance checks. A discussion ensued regarding the use of a local person in compliance checks as opposed to someone that would not be known. Chief Poole stated that other cities do use paid people that are not known in the community. Official Proceedings of the November 3, 1999 Shakopee City Council Page 5 The first violation occurred at Canterbury Park on August 13, 1999. Mike Garin, VP Hospitality, approached the podium and stated that they are taking this very seriously and that they have changed their carding policy to include mandatory ID for anyone appearing to be under the age of 40. He said they are also doing their own compliance checks. He said he was not here to challenge the Police Department, but that he did not have all the facts surrounding the compliance checks and that he must plead not guilty at this time. He said he wanted to hear all the facts through the independent hearing process. Jim Thomson told Mr. Garin that he would be notified as to when the hearing will be scheduled. The second violation occurred at Valleyfair on August 13, 1999. Mark Freyberg, Vice President Park Operations, approached the podium and admitted to the violation. He said to his knowledge, this was the first violation since the park opened in 1976. He said they have a total compliance policy and have a lot of specific training for the servers. Reminders are also provided on a daily basis, as well as signage posted on the registers as a reminder to check ID. He said at the time of this violation it was policy to check ID for anyone appearing 30 years of age or younger. He said the employee admitted she had violated the policy, the location was closed and she was removed for alcohol sales for the remainder of the season. In addition, he said none of the locations were opened the next day until staff had time to talk with all the servers. The policy was changed immediately and now ID is required with all alcohol sales, no exceptions. A dual ID system will also be incorporated in the future. Sweeney/Amundson moved to impose a $1000 Administrative Penalty with a 10 day suspension of their alcohol license that will not go into effect if there are no tobacco or liquor violations for a period of one year for Magnum Management Corporation, dba Valleyfair, One Valleyfair Drive. Motion carried unanimously. The third violation occurred at Turtles Bar and Grill, Inc.,_132 East 1st Avenue, on August 20, 1999. Bryan Turtle, General Manager, approached the podium and stated that there are some critical, specific deviations from the State Guidelines relating to compliance checks and requested a hearing. Jim Thomson, City Attorney, told Bryan Turtle that he would be informed as to when the hearing will be scheduled. The fourth violation occurred at Tom Thumb Food Markets, 590 So. Marschall Road, on August 20, 1999. Sandy S., Manager, approached the podium and stated that she was very embarrassed for having to appear before the Council so soon after the last violation. She said they should receive the maximum penalty. Oficial Proceedings of the November 3, 1999 Shakopee City Council Page 6 Gavin M., Tom Thumb Manager, approached the podium and stated that employees are terminated when they commit a violation. He also said a new register system will be implemented which will soon be in all their stores. Sweeney/Amundson moved to impose an Administrative Penalty of $1000 and a 5-day suspension of their alcohol license beginning November 10, 1999 for Tom Thumb Food Markets, 590 So. Marschall Road. A discussion ensued regarding a pro-active stance and Cncl. Sweeney suggested that representatives of Tom Thumb contact Valleyfair to obtain information about their training program. Motion carried unanimously. The fifth violation occurred at Sabroso Inc., 1120 East 1st Avenue, on September 17, 1999. There were no representatives present from Sabroso Inc. Jim Thomson, City Attorney, stated that there is a return receipt for October 28, 1999 on the notice of the hearing. He said if a suspension is to be imposed, a hearing would be scheduled for Sabroso Inc. The sixth violation occurred at Crossroads Liquor of Shakopee LLC, 1262 Vierling Drive East, on August 13, 1999. Kyle Hegna, Attorney for Crossroads Liquor, approached the podium and requested a 2-week continuance to discuss possible resolutions. Jim Thomson stated that the criminal matter in this case is scheduled this week and a resolution of that may be available if continued for two weeks. A discussion ensued and it was determined that Mr. Hegna wished to request a hearing. Link/DuBois moved to continue the Crossroads Liquor liquor violation hearing until November 16, 1999 at 7:30 p.m. Motion carried with Cncl. Sweeney opposed. A recess was taken at 8:30 p.m. The meeting re-convened at 8:45 p.m. A recess was taken at 8:45 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 8:47 p.m. Sweeney/Amundson offered Resolution No. 5261, A Resolution Approving Modification of Tax Increment Financing Plan for Tax Increment Financing District Nos. 1, 3, 7, and 9 and moved its adoption. Motion carried unanimously. Official Proceedings of the November 3, 1999 Shakopee City Council Page 7 DuBois/Amundson moved to remove discussion of the Valley Green Park Rezoning request from the table. Motion carried unanimously. Michael Leek reviewed the rezoning request, which involves property generally located south of Highway 169, east of CSAH 83 and north of CSAH 16. The request is to rezone properties from largely Light Industrial (I-i) and a small amount of Agricultural Preservation (AG) to largely Business Park (BP) and a small amount of Highway Business (B-1). Michael Leek explained that the modeling used in developing the Transportation Plan, used a worse case traffic scenario. He said it also identified three specific areas for study. One of those areas was the Dean Lake area, which included Southbridge and Valley Green Corporate Center. This analysis is currently under review by Scott County. Michael Leek said that Brad Larson believes that the proposed realignment of the intersection of CSAH 16 at CSAH 83 and the extension of 17th Avenue is a good transportation solution. However, he said there are still some unresolved questions about jurisdiction, when it takes place and what the requirements are. He said the County has not made a decision at this time. There are two options in connection with the realignment. The first is to continue 17th Avenue and tie it into the CSAH 16 realignment. If jurisdiction issues are not resolved, the County would be looking for CSAH 17th Avenue to tie into CSAH 83 south of the Shakopee aggregate site, traversing the Sioux property. Jon Albinson, Valley Green Business Park, approached the podium and explained that the request to rezone is based on the Comprehensive Plan. He said he has owned this property since 1981 and this was his future inventory until approximately 1991-1992. At that time the amount of wetlands and vegetation was not known and soil and survey tests were conducted. Those tests determined that there were 331 acres with 80 acres designated as wetlands. He said it soon became evident that there were a number of development constraints to deal with. He said they began generating a concept plan in 1995-1996, which was followed by a transportation plan by WSB in 1997. WSB's plan suggested that the current 16/83 connection was not a good link for the community or to accommodate a 300-acre parcel. Mr. Albinson suggested rebuilding County Road 83 with turn lanes, and changing the location of the stoplight from that intersection would make the intersection safer. He said these geometrics work for Brad Larson and his staff with Scott County. He said the only other issue is that of jurisdiction. He said he is willing to dedicate 4-5 acres in the Dean Lake area for Mark McQuillan's use for park purposes, and would give the City a 10'-15' trail easement along the wetlands boundary and enough space for 20-30 cars for the opportunity and access to enjoy the park area. He said he would not ask for an offset of park dedication. Michael Leek explained that Park Dedication is levied at the time of platting property and that it is a part of the subdivision ordinance. Oficial Proceedings of the November 3, 1999 Shakopee City Council Page 8 Mayor Brekke asked if there were any citizens present in the audience who wished to address the Council on this matter. Dave Czaja, 5262 Eagle Creek Blvd., approached the podium and stated that County Road 83 is the center of the City. He said in the annexation process the city tried to make the residents feel like they are part of the City. However, he said changing the alignment of County Road 16 actually makes them feel further away. He said he did not understand how grading could occur without an approved plat. He said this is a nice area and to take away what has been done doesn't make sense. He said he is concerned with the impact of development and asked if an EIS has been conducted. He also expressed concern about the water and said that the water table has been artificially low for about 30 years due to the Shiely pumping. He is concerned about the impact on the water table when Shiely is filled up. The City needs to look at the effect of development on the people in the area. Joe Zak, 5371 Eagle Creek Blvd., approached the podium and stated that a disservice has been done in this area and that it will never be the same. He said the community would benefit from no change at all in this area, but the protection of this area fell apart. The area was neat because of the wildlife. Melanie Smith, 5250 Eagle Creek Blvd., approached the podium and stated that Jon Albinson said he would look after their trees when developing Southbridge. However, she said he did not follow through with his promise. She asked what standard could be set to keep development away from wildlife. She said to take away the beauty of this area would be a shame. Kathy Gerlach, 4855 Eagle Creek Blvd., approached the podium and stated that there is clearing language in the Comprehensive Plan about serving people, and that change is possible. She said the 400 acres could be strips or chunks and that she would like to see more of it kept for wildlife as opposed to a sterile lake with a cement trail around it. She said Mr. Albinson's concern is for that of money, and it is hard to care about an insurance company's profits. She asked how long it would take to make a decision and stated that she is not happy with what has been left behind. James Pietrzak, 5411 Eagle Creek Blvd., approached the podium and stated that he is disappointed that there wasn't enough effort to save the trees, that the grading permit gave way to destroy them. He said there is no security because money changes people's minds. Mayor Brekke stated that there was a poor process in place when this development was approved, but added that the process has since been changed. He said the issues are that of(1) rezoning and (2) the grading permit, which was issued prior to development plans. He asked the Council to consider the rezoning request and stated that in his opinion, the industrial (I-1) classification would be worse for this area than a business park classification (BP). Official Proceedings of the November 3, 1999 Shakopee City Council Page 9 A discussion ensued which involved placing conditions on rezoning and the possibility of revoking the grading permit. Jim Thomson stated that the only action the Council can take to prevent the removal of trees would be to direct the revocation of the grading permit and issue a stop work order. However, he said the grading permit was properly issued and there would be consequences to revoking the grading permit. A discussion ensued which involved the responsibility of the developer to agree to work with the city on unresolved issues. There was also a mention of a notice with intent to condemn. Mr. Albinson declined comment. Jim Thomson stated that there are consequences to grading before the final plat. He said Valley Green was permitted to remove trees. He said a notice with intent to condemn was not the answer either. Jon Albinson approached the podium and stated that he worked to get the subdivision code approved himself. He said if it had been approved he wouldn't be grading his property. He said he promoted a subdivision ordinance that would have prevented him from what he is currently doing. A discussion ensued and a suggestion was made that Mr. Albinson not remove any trees in good faith, until a preliminary plat is submitted. DuBois/Amundson offered Ordinance No. 559, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending the Zoning Map Adopted in City Code Section 11.03 by Rezoning Land Generally Located North and South of County Road 16, East of County Road 83 and West of Dean Lake from Agricultural Preservation (AG) and Light Industrial (I-1) to Business Park (BP) and Highway Business (B-1), and moved its adoption. Motion carried unanimously. Jim Thomson explained that condemnation requires a public purpose, and there is no way to get title or condemnation before 60 days, that in the meantime, the developer can do what he wants. Bruce Loney explained that the applicant submits a grading plan. He said state law and erosion control are looked at to preserve the wetlands, as well as requirements of the slope, grade and top soil. He said in this case, the applicant was informed that he was at risk as Scott County has not approved plans for the road, and the City has not approved the plat. He said the applicant can grade according to the previous code and alter the topography as he sees fit. Official Proceedings of the November 3, 1999 Shakopee City Council Page 10 Mayor Brekke stated that he believes Jon Albinson is trying to comply with the Comprehensive Plan. He said he is a conscientious developer and is doing what's best for the City. DuBois moved to revoke the grading permit. Motion failed due to a lack of a second. DuBois/Link offered Resolution No. 5257, A Resolution of the City of Shakopee, Minnesota, Upholding an Appeal by Paul and Ann Black of a Determination of the Board of Adjustments and Appeals, and Granting a 4 Foot Variance to Allow a Front Yard Setback of 26 Feet Instead of the Required 30 Feet to Allow the Construction of an Addition Measuring 4 Feet by 8 Feet 8 Inches. (Motion carried under the Consent Agenda.) DuBois/Link moved to grant the developer of Stonebrooke 4th Addition an additional one year in which to file the Final Plat with the Scott County Recorder's Office. (Motion carried under the Consent Agenda). DuBois/Link moved to declare computers and monitors being replaced as part of the City's Year 2000 effort surplus property, and authorize the appropriate City officials to dispose of the same by donation, sale, or otherwise as appropriate. (Motion carried under the Consent Agenda). DuBois/Link offered Resolution No. 5262, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of Lewis Street Right-of-Way in the P & V 2nd Addition, and moved its adoption. (Motion carried under Consent Agenda). Bruce Loney explained that he wants to conduct a detailed survey and obtain soil borings in some of the areas in the 2000 Reconstruction Project area that do not have sewer and water. He said by including Harrison Street in the project, staff will determine whether to upgrade all or a portion of Harrison Street or to consider vacating a portion of Harrison Street. He said the study area could be increased to see what the costs involved are, in order to make decisions on the final project area. Sweeney/Amundson offered Resolution No. 5258, A Resolution Ordering the Preparation of a Report On An Improvement to the 2000 Reconstruction Project, and moved its adoption. Motion carried unanimously. DuBois/Sweeney moved to authorize the appropriate City officials to execute a consultant contract with WSB & Associates, Inc. for surveying services for the proposed 2000 Street Reconstruction Project in an amount not-to-exceed $11,900.00. Motion carried unanimously. Link/Amundson moved to authorize staff to solicit quotes for soil investigation work for the proposed 2000 Street Reconstruction Project. Motion carried unanimously. Official Proceedings of the November 3, 1999 Shakopee City Council Page 11 Sweeney/DuBois moved to approve a 7.0% contingency amount and the additional costs for the 199 Sidewalk/Trail Improvement Project No. 1994-4. Motion carried unanimously. Sweeney/Link moved to approve a 12.23% contingency amount and the additional amount for the 1999 Sidewalk/Trail Improvement Project No. 1999-6. Motion carried unanimously. DuBois/Link moved to authorize staff to purchase the vertical and horizontal file units from Northstar Repro Products at a cost not-to-exceed $4,638.33. (Motion carried under the Consent Agenda). DuBoi4/Link moved to authorize the appropriate City staff to enter into a collaborative partnerlship agreement with Scott County and the Minnesota Department of Economic Security, Office lof Youth Development for a Juvenile Accountability Incentive Block Grant (JAIBG). (Motion carried under the Consent agenda). Fire Ciief, Mary Athmann approached the podium and explained that the proposed changes would adopt a policy covering recreational fires and open burning for land clearing purposes within I the City of Shakopee. He said the amount of burning has become a burden and propagated small recreational burning fires in driveways, which would be prohibited with the current policy. Sweeney/DuBois offered Ordinance No. 562, Fourth Series, An Ordinance Relating to Open Burning and Recreational Fires and Amending Section 10.29, of the City Code, and moved its adoptidn. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 5264, A Resolution Establishing Criteria for Recreational Fires Within the City of Shakopee, and moved its adoption. Motion carried unanimously. Amundson/DuBois offered.Resolution No. 5259, A Resolution Canvassing Returns for the Municipal Election, and moved its adoption. Motion carried unanimously. DuBoii/Link offered Resolution No. 5260, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of Orchard Park West P.U.D. 3rd Addition, and moved its adoption. (Motion carried under the Consent Agenda). DuBoi /Link moved to endorse the AMM's Legislative Policies for the 2000 Legislative Sessiolir. (Motion carried under the Consent Agenda). DuBois/Link moved to adopt the City's official top five priorities: Development Access Fees, Class Rate, Levy Limits, Limited Market Value, and Mandates & Local Authority. (Motion carried under the Consent Agenda). Official Proceedings of the November 3, 1999 Shakopee City Council Page 12 DuBois/Link offered Resolution No. 5246, A Resolution Amending Resolution No. 3315, Which Adopted a Cafeteria Plan for the City of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda). DuBois/Link moved to authorize the Mayor and City Clerk to execute the 1999-2001 Minnesota ReLeaf Community Forest Health Grant. (Motion carried under the Consent Agenda). Mark McNeill explained that staff was previously directed to look at the cash back option currently available to employees with single coverage for health insurance. He said this began 15 years ago, and has grown from a few employees receiving $45.00/month to more than half the employees receiving $207.00 per month. He said this has turned into an expectation of tax income. He said placing a $100 cap would free up about $38,000 per year. Without a change, he said those employees with no other choice but to take City health insurance will see it priced out of affordability. One solution would be a modified HMO plan which will help in the long run to begin to get the costs under control. He said it has a more aggressive reimbursement to providers, the advantage to the employee is that there is no deductible. However, they do have a set network of providers and a $15 copay per visit is required. He recommended that the City equalize the costs so there would not be any additional out-of-pocket costs for this plan over the current plan. He recommended taking part of the $38,000 ($30,000) savings to redistribute to the two-party and family coverage to get those increases to a manageable plan, using the remainder to equalize the payment between the HMO and the current plan. Sweeney/DuBois moved to place a $100 cap for 2000 on the flexible money that is returned to employees with single health insurance coverage. Motion carried unanimously. Sweeney/Amundson moved to apply $30,000 to reducing the cost of dependent coverage and two-party coverage. Motion carried unanimously. Sweeney/Amundson moved to equalize the HMO ("Triple Gold") plan to be the same employee out of pocket payments as the current plan for 2000. Motion carried unanimously. Sweeney/Amundson moved to direct that the personnel policy be amended so that the employees must have at least single coverage through the City (over the years, three have been allowed to "opt out"). Motion carried unanimously. Sweeney/Amundson moved to authorize single memberships at no cost for use of the Shakopee Community Center for all City employees. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 5263, A Resolution Amending Resolution No. 5034, Which Adopted the 1999 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. Motion carried unanimously. Official Proceedings of the November 3, 1999 Shakopee City Council Page 13 Sweeney/DuBois moved to adopt the job description for the Administrative Assistant position, dated 10/28/99. Motion carried unanimously. (Clerk's Doc. # 276) Sweeney/Amundson moved to direct Scott County Personnel to advertise for the Administrative Assistant position. Motion carried unanimously. Mark McNeill explained that staff has met with Architect Jack Anderson of JEA, and reviewed what is needed to establish a short to long range building plan for the library, public works, police station and city hall buildings. He said the estimate for all of these is $27,750. He said firm estimates for the library, utilizing consulting structural engineers, HVAC, and electrical analysis are recommended as the library has the most potential for being the first to be constructed. Cncl. DuBois volunteered to serve on a site committee for the library. Cncl. Sweeney recommended adding the old Fire Station as "f" in the Facility Study. Sweeney/DuBois moved to adopt the scope of services for the City Facilities space needs study as recommended, and direct that funding come from budget amendments, utilizing General Fund revenues. Motion carried unanimously. Brekke/Link moved to appoint Jane DuBois as Chairperson to the site selection committee for the library. Motion carried unanimously. Sweeney/DuBois moved to accept the resignation of Gregg Sticha, with regrets. Motion carried unanimously. Sweeney/Amundson moved to authorize the retention of Mr. Sticha for part time temporary status at his current rate of pay with no benefits. Motion carried unanimously. DuBois/Sweeney moved to initiate the hiring process for an Assistant Finance Director with a wage range of Grade J ($42,690 to $53,361). Motion carried unanimously. (Clerk Doc. # 277) Sweeney/Link moved to direct staff to prepare a resolution amending the Pay Plan. Motion carried unanimously. Cncl. Sweeney discussed the resolution SPUC adopted Monday in anticipation of changes to the City's franchise ordinance. He said this will allow franchise payments for Northern States Power. He said under the new franchise ordinance, the total collected by the City General Fund would be expected to increase. He said the public utility is estimating approximately $21 million of infrastructure improvements in the next 7-10 years, and in order to provide services Official Proceedings of the November 3, 1999 Shakopee City Council Page 14 the infrastructure is necessary. The public utility must have rates and net profit to produce the funds necessary and this resolution will create this by a rate increase, which will still be below the Northern States rate for residential and commercial industrial uses. Cncl. Sweeney said a franchise ordinance on electrical use that replaces the current agreement between the public utility and the City will also generate franchise taxes from Northern States customers within the city. DuBois/Link moved to direct staff to move with deliberate speed to get a franchise tax in place on electric power. Motion carried with Mayor Brekke abstaining. DuBois/Link offered Resolution No. 5265, A Resolution Apportioning Assessments Among New Parcels Created as a Result of the Platting of French Trace 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda). DuBois/Link moved to authorize acquisition of MnDOT Parcel 63A, and subsequent reconveyance to EverGreen Heights Development, for the amount of$2,343. (Motion carried under the Consent Agenda). A work session was scheduled for 6:00 p.m., Tuesday, November 9, 1999. Sweeney/Amundson moved to adjourn to Tuesday, November 9, 1999 at 6:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:55 p.m. 0a . dith S. Co C I ity Clerk 01 Esther TenEyck Recording Secretary CITY OF SHAKOPEE SNOWMOBILE ORDINANCE SUMMARY: • The snowmobile speed limit in Shakopee is 15 mph on city streets and in residential areas. • You must be of at least 14 years of age and have in your possession a valid snowmobile safety certificate to operate on Shakopee's city streets. • Helmets are required for persons under 18 years of age. • Operating a snowmobile in a city park, on a playground or on school property is prohibited. • Snowmobile operations shall be permitted on the City streets when traveling directly to or from the residence of the operator and the nearest Trail System Access, or on private property with the owner's permission. • A snowmobile may be driven, for the purpose of going from or to an urban area, only along the far right-hand side of a City street or alley and only in single file. • All snowmobiles must be equipped with a muffler, adequate brakes, and head and tail lamps. Lights must be on whenever a snowmobile is operated on any roadway. • A snowmobile may not be operated within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property. • A snowmobile may not be operated in a manner so as to create a loud, unnecessary or unusual noise, which disturbs, annoys or interferes with the peace and quiet of other persons. • A snowmobile may not be operated on a public sidewalk, boulevard, median, pedestrian trail or public bike path, unless it is posted with signs authorizing the use of snowmobiles. • A snowmobile may not be operated in a careless, reckless or negligent manner or so as to endanger any person or property. • A snowmobile operator must stop after receiving a visual or audible signal from any Law Enforcement Officer to stop. • There is a gravel area located at Canterbury Park (northwest section of) by the River Valley Trail Blazers sign to park your motor vehicle and trailer to unload your snowmobile and ride from there to the nearest trail. • If you have questions or concerns, call Pat O'Reilley at 612-445-2838, or you may contact Shakopee City Hall or the Shakopee Police Department. - Lie i3 , RESOLUTION NO. 4786 A Resolution Adopting A Snow Plowing/Ice Control Policy For The City Of Shakopee WHEREAS,the City Council of Shakopee believes that it is in the best interest of • the residents for the City to assume basic responsibility for control of snow and ice on City streets; and WHEREAS, the City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns; and WHEREAS, the Public Works Department is given the responsibility for ensuring adequate snow and ice control on City streets; and WHEREAS, the Public Works Department has prepared an attached Snow Plowing/Ice Control Policy. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the attached Snow Plowing/Ice Control Plan is hereby adopted for the City of Shakopee. NOW, 'THEREFORE BE IT FURTHER RESOLVED: that this resolution supersedes Resolution No. 3888 which adopted the 1993-1994 Snow and Ice Control Plan. Resolution No. 3888 is hereby repealed. Adopted in n.,J,'. Ii-- • session of the City Council of the City of Q Shakopee,Minnesota,held this / ��� day of 4/00,h1-44), 1997. yo cif a e City of Shakopee ATTEST: a,,,4),i4 t.. Or Ci Clerk • CITY OF SHAKOPEE SNOW PLOWING/ICE CONTROL POLICY PURPOSE AND NEED FOR POLICY The City of Shakopee, being a growing City, needs to annually review and adopt a policy regarding efficient and timely removal of snow and control of ice in order to best provide for safe travel for the greatest number of persons. This policy outlines the responsibility within the Public Works Department in order to accomplish this goal. POLICY Each year the Public Works Department prepares a map of the City showing the City maintained street system. The City is divided into routes in which ice control and snow removal will be performed by City employees and private firms under contract to the City. The routes are periodically revised to correspond with budgetary, equipment and personnel resources available. Equipment is assigned to each route based on availability and the effort required for the control of ice and snow. The start of ice and snow control operations for any storm is dependent upon immediate and anticipated conditions. The most critical time periods are weekday morning and evening rush hours. When feasible, the City will attempt to remove ice and snow from City maintained major streets prior to these rush-hour periods. Normally major streets and hazardous areas are done first. Once the priority areas are plowed and opened,the remaining streets in the residential, commercial, and industrial areas will be plowed and sanded. PROCEDURES AND RESPONSIBILITY The Maintenance Division, with the assistance of the Police Department, monitors street conditions and is responsible for making the decision to call out personnel and equipment to begin snow and ice control operations. The Public Works Supervisor has the responsibility of determining plow routes and sequencing of operations, in accordance with priorities as established in Exhibit A. The Supervisor shall retain the latitude to adjust sequencing or route assignments based on storm conditions, equipment availability and/or other conditions warranting changes. EXCEPTIONS In the event of equipment failure, extreme snowfall or other unanticipated events including the necessity of resting snowplow crews, deviation from these standards may be appropriate. STORM CLASSIFICATIONS AND PLOWING OPERATIONS Class A Storm: A Class "A" snowstorm is one with an accumulation of less than 2" in depth. This storm consists of a sanding/salting operation only and does not normally involve plowing. During a Class "A" storm, some intersections, hills and curves are sanded where needed. Critical areas, such as areas that historically freeze or drift, are also sanded. If the storm is a freezing rain or an ice storm, additional areas may be sanded. Class B Storm: A Class "B" snowstorm has an accumulation of between 2" and 8". This storm involves both a plowing and a sanding operation. A Class "B" snow storm alert initiates the full snow plowing operations of the Public Works Department. All Equipment Operators are dispatched to their respective routes. A normal plow operation starts at 2 A.M. All main arterial, collector streets and snow emergency routes will be completed first. Following those, the local streets, cul-de-sacs and downtown parking lots are done. Class C Storm: This storm is one of extremely heavy snowfalls, consisting of 8" or more in depth occurring over a period of 24 hours or less. During these storms, accompanying high winds also create visibility problems for motorists and our snowplow operators. A Class "C" storm is the most severe and could have life threatening situations arise, if emergency vehicles become bogged down and paralyzed. Operators and equipment are dispatched to the same routes as with a Class"B" storm. The most effective way to contend with a major snowstorm is to plow with the storm as it continues. This means that often we are plowing streets several times during the duration of the storm. HOW SNOW WILL BE PLOWED Snow will be plowed in a manner so as to minimize any traffic obstructions. The center of the roadway will be plowed first. Snow shall be plowed and pushed from left to right with the discharge going onto the boulevard area of the right-of-way without I regard to sidewalks and/or driveways except in the Central Business District. The City shall not be responsible for plowing snow from streets into any sidewalks and/or driveways. When a plow goes on a bridge, the driver shall slow down so that snow does not go over the bridge if possible. In times of extreme snowfall, streets will not always immediately be able to be completely cleared of snow. PARKING The City of Shakopee has adopted various ordinances for parking restrictions, which are modified periodically. HAULING OF SNOW Where there is no room on the boulevard for snow storage and where accumulated piles of snow create a hazardous condition,the City shall remove the snow by hauling. Operations will not commence until other snowplowing operations have been completed. Snow removal operations shall be at the discretion of the Public Works Director and/or Supervisor. ALLEYS Alleys will be plowed with an accumulation of not less than 4". Downtown alleys will be sanded at each plowing;residential alleys shall only be sanded when conditions warrant it. SAND AND SALT The City is concerned about the effects of sand and salt on the environment and will limit its use for that reason. Therefore, it is the policy of the City to utilize a sand and salt mixture in the ratio of approximately 5 parts sand and 1 part salt. This provides for traction, but is not intended to provide bare pavement during winter conditions. Application of the sand/salt mixture is generally limited to priority routes, steep grades and high volume intersections. Application is limited on lower volume streets and cul-de-sacs. Application mixtures may vary as conditions warrant. The City cannot be responsible for damage to grass caused by the sand/salt mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way. SIDEWALKS The Public Works Department maintains sidewalks on collector streets, as per Council direction on December 6, 1994. Due to limited personnel available,the department will plow these sidewalks only after the majority of the streets are plowed. The designated trails and sidewalks should be cleared as thoroughly as possible but need not be cleared of all ice and snow nor need they be maintained to bare pavement. MAILBOXES In those instances in which the U.S. Postal Service does not provide door to door delivery, it is necessary for property owners to install mailboxes on City owned right-of-way immediately adjacent to the street curb. While the installation of mailboxes on City owned right-of-way is permitted, the mailbox owner assumes all risk of damage except where a mailbox is damaged through contact by snow removal vehicles. If a mailbox is damaged due to direct contact by a snow removal vehicle,the City,at its option will repair or replace. If a mailbox is damaged due to indirect contact, including the force of snow generated by the snow removal vehicle,the City will assume no responsibility. The City's plow operators are instructed to get as close to the curb or gravel shoulder as possible, but yet avoid mailboxes. This is often quite difficult due to the overhang of the plow extending about 2 feet beyond the cutting edge. Because of this, City residents are responsible for clearing snow away from their mailboxes. UTILITY STRUCTURES Except as otherwise provided in any license or franchise agreement, the City will only be responsible for damage to utility pedestals and transformers within the right-of-way resulting from direct contact by City snow and ice removal equipment. City liability shall be limited to actual costs to repair the damages, as documented by invoices submitted to the City by the utility. The utility is responsible and is encouraged to mark their structures. LANDSCAPING Landscaping,including nursery and inanimate materials that are installed or encroached on City owned right-of-way is permitted, but the owner assumes all risk of damage. The City will assume no responsibility for damages incurred as the result of snow removal and ice control activities, except that the City at its option, will repair or replace sod only on City owned right- of-way that is removed as the result of plowing activities. LAWN SPRINKLING AND LIGHTING SYSTEMS The City will assume no responsibility for damage to underground lawn-sprinkling systems; exterior lighting systems and similar landscaping installed in City owned right-of-way. • SNOW STORAGE Ongoing snow and ice control efforts require the use of City owned right-of-way and easements for storage of plowed snow. Depending upon the volume of snow, storage within right-of-way could create sight obstruction at intersections, because it is impossible financially and practically to remove all snow from intersection corners. COMPLAINTS Complaints regarding snow and ice control or damage shall be taken by the Public Works Department during normal working hours and handled in accordance with the City's complaint procedures. Complaints involving access to property or problems requiring immediate attention shall be handled on a priority basis. Response time should not exceed twenty-four {24) hours for any complaint. It should be understood that complaint responses are to ensure that the provisions of this policy have been fulfilled and that all residents of the City have been treated uniformly. It is the City's intention to log all complaints and upgrade this policy, as necessary,in consideration of the constraints of our resources. EXHIBIT A PLOWING/SANDING PRIORITIES PRIORITY "A" Snow Emergency Routes. These are high volumes routes which connect major sections of the City and provide access for emergency fire,police and medical services. PRIORITY "B" Street providing access to schools and commercial property. PRIORITY "C" Lower volume residential streets. PRIORITY "D" Cul-de-sacs,Alleys, Sidewalks/Trails PRIORITY "E" Hauling of snow from Downtown Area and other areas as necessary. CITY OF SHAKOPEE C0 1,1 Ser Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: January 13, 2000 Introduction and Background Attached is a print out showing the division budget status for 1999 based on data entered as of 12/31/99. Also attached is a regular council bill list for invoices processed to date for council approval . Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $1, 967 . 64 and for Seagate (code 9450) in the amount of $98 .29 . Also included in the checklist but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $1, 528 . 74 . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Lynn Lipinski $26 .40 Action Requested Move to approve the bills in the amount of $843, 652 . 86 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/99 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 104,080 7,424 101,099 97 12 CITY ADMINISTRATOR 219,200 15,411 186,924 85 13 CITY CLERK 201,220 13,296 178,187 89 15 FINANCE 363,770 19,013 333,917 92 16 LEGAL COUNSEL 327,000 27,719 344,309 105 17 COMMUNITY DEVELOPMENT 737,468 68,583 552,518 75 18 GENERAL GOVERNMENT BUILDINGS 242,230 28,878 201,343 83 31 POLICE 1,935,121 177,050 1,849,140 96 32 FIRE 618,420 94,709 570,108 92 33 INSPECTION-BLDG-PLMBG-HTG 340,962 34,078 338,760 99 41 ENGINEERING 507,620 37,259 470,130 93 42 STREET MAINTENANCE 862,730 54,511 698,522-- 81 44 SHOP 145,330 15,080 142,181 98 46 PARK MAINTENANCE 492,090 52,702 454,437 92 91 UNALLOCATED 3,301,950 -410,291 691,698 21 TOTAL GENERAL FUND 10,399,191 235,423 7,113,275 68 17 COMMUNITY DEVELOPMENT 676,180 49,996 551,157 82 TOTAL TRANSIT 676,180 49,996 551,157 82 00 N/A 0 0 785 0 19 EDA 403,170 6,312 150,969 37 TOTAL EDA 403,170 6,312 151,755 38 H ' a) trsRI a a a a a a a a a as a a a a aaaa a x M t0 Z H H H H H H H H H H H H H H HHHH H 0 0 0 M X 01 0 -- a w o 0U) o at 0 N i 0 0 h Z 0 O Or1 030 0 0 0 0 0 0 0 H H N 00 01 0 H N In Md' 0- In t0 N OO` ` N N N O H H H N N N H N N1,4 N N N ` ` 01 01 HLO U1 HHHHr-1 M H H LO l0 0 1.0 LO l0 t0 IO l0 t0 CQ A In O O H O O O O O d' O 01 O O O O O W W(3i d. 0 0 0 0 o w0 t0 00 h 0 0 0 f='fx'hh d' h o0 H N 0 CO t0 CO 0 in H r-I In M t0 H 0 0 010 00 0 H H In a0 N a0 a0 N H a0 a0 co N 00 H N Ln LO In N N H N N p( H H m H H H d' m H H H H M M H H H H H d' -M M Wd N d' N N N d' d' N N N N d' ,31' ' r-1H H N N d' d'd' 0 CO I I I I I I I I i I I I I I 1 1 I 1 I I I I UI H N N N N in H N N N N H In N N N N N d' riN 0 H H M H H H N H H H r1 H CO N ri H ri'-I rI a) in co 01 0 H 01 01 01 CO N 01 01 01 01 ri 00 0I 01 01 01 01 H N H 0 0 0 0 0 0 01 O O O O O O 01 O O O O O O O O a) Z XI CO aaa a � � Py w III LQ O z as [4 a 0 HHHW wwwl-a U0n 0 14 H aw U U COU) M Inm W ay - WW w U 0i Z co 0 w Cr) cnwma ZZ M H 0 o HHH m 00 A 0 w Na`) Z z w nRanH-I `a ww H 4 H H H to H fx OH 0 01 H W 0 0 0 01 H W W fx 4 U) Ix Z t0 Z fx HH H N I-1 F-7 000FG O Z as 00 1n H W W M W W UUUW 3 CO 0 H Q dM' a U 00 N a H g ll lc) X N g HH N ›.> Cil TV 41 Z Z HHHH 4pC4 M 04 m 4 J C7 a I g WWW W CI) I=4z H Z H as aaaa o OG 0000 Un 04 p0' .-1 a H 4 r4 aIx N Q 00000 000 a 0 cHn Cl) a a '� a as o wwww R H as W 0 0000 H R H COHA W 0 H w 4 w Z U 0A fx w fx < 0 H a 0 Ul CA w g aaaa w H CHi x w H CO 0 AA m 0 wwww A Cr) U) U A w 0 as U COcnmCI) H > HH Z w 0 g 0U 0 xx Cr) Ix H Z UUUU Cr) uses U 0 H a a X X Cr UU H 0 H 3 - - Ci w 0 0 a 3333 01 o HH AX MI X g A H 17 Z EE E a cn cn cncncncn 0 N 44 1 # i' i1 is 41 is 41 is i' i< * # i' # i' 0 0 Mal 00 N In In in 0 0 0 0 0 0 0 0 0 0 0 NN in in O1 01 N t0 N d•d' 01 01 N N 0 t0 El 0 0 t0 t0 0 0 01 01 01 01 d'd' 0 0 0 0 O N In 0 0 01 01 N N In In a0 N CO CO CO CO 01 N N 0 H O NN 0101 OO t010 NN Ln Ln OO OO NtOO in Ln O0 NN d'd' HCO HCO ri t0 t0 \O t0 01 CO '0 1O cr d' 0 0 d'd' N N HH 1-4,1 0 0 'Ori l- d'd' N N .4.,P NN W O1 d'd'N HH in In N s/? 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M O N 01 O N O 0 0 O H 111 0 O O H H H N M d' NO U) H M d' 10 a0 N W O HH m d' d' d' d' V' N N N N N a) a0 ROER RE RE22REER U O w u. 124 r=. 114 Ii. 114 w w w w F=. 114 w w w 9 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Public Hearing for Gorman Street Improvements, Project No. 2000-1 DATE: January 18, 2000 INTRODUCTION: Attached is Resolution No. 5303, a resolution ordering the improvement and preparation of plans and specifications for improvements to Gorman Street, from 4"' Avenue to County Road 17, Project No. 2000-1. BACKGROUND: On March 16, 1999, Resolution No. 5083 was adopted by the City Council ordering the preparation of a feasibility report for the above referenced project. This feasibility report authorization was initiated by the City as a reconstruction project that was included in the 1999 CIP. On December 7, 1999, Resolution No. 5286 was adopted receiving the feasibility report and establishing a public hearing date for January 18, 2000. The proposed improvements are the reconstruction of Gorman Street, from a rural roadway to an urban roadway, with reconstruction of sanitary sewer and storm sewer as necessary and the installation of watermain, sidewalks and street lighting. Gorman Street is currently designated as a State Aid street as this street connects 4th Avenue and County State Aid Highway (CSAH) 17, which are both State Aid routes. Gorman Street will serve as a reliever of traffic in this area, thus it is proposed to build Gorman Street to a 36 foot street width with"no parking on one side only". It is also proposed to reconstruct the existing 12 inch clay pipe, due to its conditions and the fact the surface improvements would be totally replaced. Thus, it is cost effective to replace the sanitary sewer. Storm sewer will be replaced and new storm sewer added as necessary to serve this area. Sidewalks are proposed to be installed, with one side to be a concrete walk and the other side to be a bituminous trail to match the facilities along C.R. 16 at the intersection of CSAH 17. As mentioned in the December 7, 1999 memo to Council, the main issues with this project are as follows: 1. City Cost 2. SPUC Cost 3. Other Property Owner Support for Assessments Issue No. 1 - The City cost participation for the project is summarized as Page Al of the feasibility report and as follows: City Cost Participation: Assessments for Gorman Street $ 49,779.23 City Watermain Loop and Police/Public Works Bldg. $ 58,444.38 Tax Levy for Gorman Street $209,983.13 Subtotal $318,206.74 Sanitary Sewer Enterprise Fund $ 95,396.13 Storm Drainage Utility Enterprise Fund $ 46,067.69 Total City Costs $459,660.56 This project was included in the 2000 — 2004 Capital Improvement Program and with 2000 Budget. The question for Council is whether to support the cost of this project at this time. Issue No. 2 - SPUC met on December 6, 1999 to discuss the project costs of$49,662.50 for Gorman Street and $41,662.50 for trunk watermain oversizing. At this meeting, the commissioners gave their approval to support the project for both items. Issue No. 3 - Staff conducted an informational meeting on the project on January 11, 2000 and did send out waivers of assessment appeal based on the feasibility report amount for their consideration. From this meeting, a total of four persons were present representing five properties out of seven to be assessed. At this meeting, the property owners raised the following issues: 1. Consensus for 5 foot concrete sidewalk on both sides of the street due to the commercial nature of the area. 2. Sidewalk maintenance of snow removal. 3. Parking on Gorman Street—one side or both sides. On property owner Issue No. 1, the consensus was for concrete sidewalks on both sides similar to 4th Avenue and CSAH 17. After further review, staff can agree with this request, as the right-of-way width is only 66 feet and the area is predominantly commercial,with concrete sidewalks on both sides of 4th Avenue and CSAH 17. On Issue No. 2, Gorman Street is a higher volume street connecting 4th Avenue and CSAH 17 which are both major collectors. Gorman Street does have traffic volumes that range from 1287 to 3998 depending on the street segment. The traffic volume will increase with the development of vacant commercial parcels and the improved roadway. Staff believes Gorman Street will be a local collector street and per policy, the sidewalk maintenance would then be the responsibility of the City. Also, this street is located next to the Public Works Maintenance Facility and snow removal of these sidewalks could be done on the way to remove snow from 4th Avenue or CSAH 17 sidewalks. On Issue No. 3, the feasibility report recommended parking on one side to meet State Aid Standards for a minor collector. The 36 foot street width is the City's standard for higher volume local roads. With a 66 foot right-of-way width, a 36 foot street with 5 foot sidewalks on both sides will have 9 foot boulevard grass areas between the curb and sidewalk. This distance is what staff recommends for planting of boulevard trees on collector streets. Currently, there is very little parking on the street and parking on one side could be allowed on the residential side of Gorman Street. In summary, the property owners were in favor of proceeding with the project. Staff has sent waivers of assessment hearing to each property owner based on the feasibility report assessment similar to the McGuire Circle/McGuire Court Project in 1999. Three waivers have been executed and it was indicated that staff may receive waivers from all property owners by the public hearing date. The property owners are in favor of concrete sidewalks on both sides, sidewalk maintenance of snow removal by the City and would prefer parking on both sides. However,parking on the residential side would be acceptable. If Council adopts the resolution ordering plans and specifications, Council direction on the design issues would be appropriate for plan preparation. For this project, based on property owner support, Council can decide if this is the appropriate time to reconstruct Gorman Street or not. ALTERNATIVES: 1. Adopt Resolution No. 5303. 2. Deny Resolution No. 5303. 3. Table for additional information. 4. Provide staff direction on design issues as outlined in memo. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 4, to order the project plan preparation and provide direction on design issues for concrete sidewalk or bituminous trail, sidewalk maintenance and street parking on one or both sides of street. ACTION REQUESTED: 1. Offer Resolution No. 5303, A Resolution Ordering an Improvement and Preparation of Plans and Specifications for Gorman Street, from 4"' Avenue to County Road 17, Project No. 2000-1 and move its adoption. 2. Provide staff direction on design issues as outlined in memo. ruce Loney Public Wor 'rector BL/pmp MEM5303 RESOLUTION NO. 5303 A Resolution Ordering An Improvement And Preparation Of Plans And Specifications For Gorman Street, From 4th Avenue To County Road 17 Project No. 2000-1 WHEREAS, Resolution No. 5286 adopted on December 7, 1999, fixed a date for Council hearing on the proposed improvement of Gorman Streeet, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, bituminous trail, street lighting and any appurtenant work as described in the feasibility report. 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 18th day of January, 2000, 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 necessary, cost effective and feasible and is ordered as hereinafter described: Gorman Streeet, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk,bituminous trail, street lighting and any appurtenant work as described in the feasibility report. 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 2000-1 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk 1x6. 1, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Comments on Q-Prime Ampitheater EAW MEETING DATE: January 18, 2000 Introduction: At its January 4, 2000 meeting the Council directed staff to prepare draft comments in response to the Environmental Assessment Worksheet(EAW)for the proposed Q-Prime ampitheater. At the request of the Scott County administrator a copy of these comments, bearing the legend"Draft Only, Subject to City Council Approval," has been provided to Scott County. Alternatives: 1. Approve the comments on the EAW for Q-prime as drafted, and authorize the appropriate City officials to submit them formally to Scott County. 2. Approve the comments on the EAW for Q-prime with revisions, and authorize the appropriate City officials to submit them formally to Scott County. 3. Do not authorize the submittal of the comments to Scott County. Action Requested: Offer and pass a motion approving the comments on the EAW for Q-prime, either as drafted or with revisions, and authorize the appropriate City officials to submit the comments formally to Scott County. R. Michael Leek Community Development Director QPRIME.doc/ML 1 SCOTT COUNTY COMMUNITY DEVELOPMENT DIVISION ENVIRONMENTAL HEALTH DEPARTMENT PM GOVERNMENT CENTER A102 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379-1220 (612)496-8177 Fax: (612)496-8496 January 6, 2000 Dear EAW Recipient: On behalf of the Scott County Board of Commissioners, I would like to take this opportunity to relay some very important information to you and your colleagues. As you are most likely aware, the Board took unanimous action on Tuesday, January 4, to officially extend the formal comment period for the Q-Prime amphitheater Environmental Assessment Worksheet (EAW) to January 26. The Commissioners did so in a good faith effort to accommodate the requests of several entities. The intent of this action was, and remains to be, an acknowledgement of the articulated concerns about the timing impediments of the holiday season, Y2K preparations, and the importance of providing all reviewers adequate opportunity to consider and evaluate the information contained in the EAW as thoroughly and comprehensively as possible. However, immediately following the establishment of the extension, the County received formal notification from an attorney representing the proposed developer, Q-Prime. In effect, the communication clearly indicated their intent to challenge any comments received after the formal, regulatory 30-day comment period (January 12). As such, to avoid a potential challenge to your comments, I strongly encourage you and your colleagues to apply all due diligence and expend all due haste in submitting your formal comments; in short, I urge you to meet the originally established,January 12`h deadline. Yet in keeping within the spirit and purpose of the Environmental Assessment process, in consistency with past Board practice and congruent with current Board direction, the County will accept comments between the dates of January 12 and January 26. These comments will be received, reviewed, and presented to the members of the Board; however, as in the past, a notation will be added that "...these comments were received after the January 12 comment period deadline." As I acknowledge that this situation may prove somewhat confusing or complicated, I encourage you to contact me with any questions, concerns, or comments. I can be reached at (612) 496- 8100; thank you in advance for your cooperation and assistance. Re ctfull 1 al•ry D vid J. Unmacht colt County Administrator An Equal Opportunity/Safety Aware Employer 129 South Holmes Street,Shakopee,MN 55379 City of Shakopee Fax • Too Attention: Al Frechette From: R.Michael Leek Fax (612)496-8496 Pages: 3 Phaco Date: 1/11/00 Re: 0-Prime EAW CC: Mark McNeill,City Administrator 0 Urgent 0 For Review 0 Pleas.Comment 0 Pleas.Reply 0 Pleas.Recycle Following for your information, and in response to Dave Unmachts January 6th letter, are the draft comments on the Q-Prime that will be considered by the Shakopee City Council at its meeting of January 18th. Should the Council authorize these or other comments on that date, an executed copy of the City's comments will be provided to you. Let me know if you have any questions. Michael Leek DRAFT ONLY, SUBJECT TO CITY COUNCIL APPROVAL January , 2000 Attention: Mr. Allen Frechette,Environmental Health Manager Scott County 200 4t Ave. W., Rm. A102 Shakopee, MN 55379-1393 O Re: Q-Prime Ampitheater EAW Dear Mr. Frechette: The above-captioned EAW has been reviewed with the Shakopee City, and the following comments are offered by the City of Shakopee. Question 21. Traffic. The analysis does not include statistical information about existing traffic on 169. As a result, it is not clear that the 1998 level of service(LOS)analyses presented in the EAW are correct. Even assuming that the LOS analysis is correct, it demonstrates that the LOS at the key intersections along STH 169, even assuming only attendance of 10,000 persons, will be reduced to"F'. Even with the improvements identified for these intersections, the LOS would still be"F",which the City of Shakopee believes would be an unacceptable level of service. During peak periods of operation of the proposed ampitheater, a LOS of F could result in traffic on CSAH 41 being backed up as far to the east as CSAH 15, or even 83, as well as back-ups on STH 169. This, in turn, would have a deleterious effect on local travel within the City of Shakopee. Moreover, the analysis does not take into account the likelihood of future availability of state and county funds for these improvements. The traffic congestion resulting from the proposed project will exacerbate congestion already experienced because of the operation, e.g., of the Renaissance Festival. The QPRIME.doc/ML 2 congestion during the operation of the proposed ampitheater will make emergency vehicle access to the site and other sites in the township more difficult. The City's own experience with events at Canterbury Park makes it clear that congestion resulting from the proposed ampitheater could affect the state and county roadway system for many miles and long periods of time. Question 24. Odors,Noise and Dust. In analyzing potential noise impacts from concerts to be held at the site, neutral atmospheric conditions have been assumed. The City's experience has with Canterbury Park demonstrates that changes in wind direction, inversion, and cloud cover, can result in violations and complaints from unanticipated areas. A recent concert held at Canterbury Park yielded noise complaints from as far away as the south shore of Prior Lake. It is important that the analysis of noise impacts take a closer look at the potential for both violation of MPCA standards and possible impacts on surrounding residents. I look forward to receiving the County's responses to these comments. Very truly yours, R. Michael Leek Community Development Director QPRIME.doc./ML 3 [519 2, CITY OF SHAKOPEE ^17V Memorandum , TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request to Promote Elizabeth Handrich from Planning Technician to Planner I MEETING DATE: January 18, 2000 Introduction: Council is asked to approve the promotion of Elizabeth Handrich from Planning Technician to Planner I. Discussion: On May 26, 1999 Timothy Benetti's resignation from the position of Planner I became effective. The position he vacated has not been filled. Instead, the author of this report opted to hire an additional inspector for the building division of the Community Development Department. As a result, Planning Technician Elizabeth Handrich has taken over many of Mr. Benetti's responsibilities, including attending BOAAJPC meetings and making presentations to the board. Ms. Handrich continues to handle CAD, GIS, and property data for the department. Ms. Handrich has been employed by the City as Planning Technician since April 8, 1998; her current salary is at Step 2, Grade D. Pursuant to Section VIII.C. of the Personnel Handbook for Employees of the City of Shakopee, I am requesting that the Council approve promotion of Ms. Handrich to the position of Planner I at Step 1, Grade G, effective January 19, 2000. Alternatives: 1. Approve the promotion of Ms. Handrich from Planning Technician to Planner I at Step 1, Grade G, and effective January 19, 2000. 2. Approve the promotion of Ms. Handrich from Planning Technician to Planner I under other terms. 3. Do not approve the promotion of Ms. Handrich from Planning Technician to Planner I. 4. Table the matter for additional information. Plannerl.docIML 1 Action Requested: Offer and pass a motion approving the promotion of Elizabeth Handrich from Planning Technician to Planner I at Step 1, Grade G, and effective January 19, 2000. O R. Michael Leek Community Development Director Planned.doc✓ML 2 1s.f}��$; CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.54, Shoreland Overlay Zone to create a 300-foot shore impact zone around natural environment lakes MEETING DATE: January 18, 2000 Introduction: At its November 16, 1999 meeting the Council directed staff to proceed with an amendment to the shoreland provisions of the City Code to create a 300 foot wide"shore impact zone." The Planning Commission held a public hearing on the proposed amendment on December 9, 1999, and continued the public hearing to January 6, 2000. At the January 6, 2000 public hearing the Commission received testimony that suggested to it that further information that might bear on the proposed amendment could result from the Valley Green corporate center AUAR, and that further expert input would be desirable. As a result, the Commission concluded, with staff concurrence, that it is desirable to withdraw the proposal at this time so that it does not appear on each agenda until the completion of the AUAR process, and direct that a new public hearing be scheduled at the end of the AUAR process. Copies of the previous reports to the Commission are attached for the Council's information. Alternatives: 1. Offer and pass a motion withdrawing the proposed text amendment at this time, with direction to staff to schedule a new public hearing before the Commission after completion of at least the draft AUAR. 2. Do not pass a motion withdrawing the proposed text amendment at this time, with direction to staff to return the item to the Planning Commission for further review at this time. Planning Commission Recommendation: In order to allow time for the AUAR to be completed, at its January 6, 2000 meeting the Commission recommended that the City Council withdraw the proposed text amendment TXTSHORE.doc/ML 1 at this time, with direction to staff to schedule a new public hearing before the Commission after completion of at least the draft AUAR. Action Requested: Offer and pass a motion withdrawing the proposed text amendment to the Shoreland Overlay Zone at this time, with direction to staff to schedule a new public hearing before the Commission after completion of at least the draft AUAR for Valley Green Corporate Center. 7i32-77, /— _ R. N ichael Leek Community Development Director TXTSHORE.doc/ML 2 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R.Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.54, Shoreland Overlay Zone to create a 300-foot shore impact zone around natural environment lakes MEETING DATE: January 6, 2000 Introduction: At its December 9, 1999 meeting the Commission continued the public hearing on this item. Discussion: As the Commission may recall, staff's initial suggestion for language was as follows: , except in the case undeveloped property adjacent to natural environment lakes. for which the shore impact zone shall be land located between the ordinary high water level of a natural environment lake and a line parallel to it at a setback of 300 feet. It was pointed out in the discussion that the term"undeveloped property" is probably in need of further definition. A suggestion was made by Kathy Gerlach, a resident of the Dean Lake area, that the imposition of an enhanced shore impact zone could be tied to the underlying zoning district. In other words, an enhanced impact zone could relate to commercial or industrial zoning. The suggestion has also been made that flexibility might be built in to allow either lesser or greater impact zone buffers. Presumably, this could also be dealt with through the variance process. The Commission should discuss these, and any other options, and provide direction to staff as to its preferred option. The Comment received from Pat Lynch,DNR Area Hydrologist, also pointed out that the structure setback would also need to be amended if the shore impact zone is increased. The current ordinance provides a setback of 150 feet,which is to be doubled in the event the use is not a water-related use. With a 300 foot shore impact zone, the minimum setback would presumably be 300 feet, but it is not clear Wit should be greater, or if the setback should still be doubled for non-water related uses. The Commission is asked to provide specific direction on this issue as well. TXTSHORE.RTF/ML 1 Alternatives: I. Recommend to the Council approval of the proposed text amendment as presented. 2. Recommend to the Council approval of the proposed text amendment with revisions. 3. Recommend denial of the proposed amendment. 4. Continue the public hearing the item for additional information or other reasons. Staff Recommendation: Because there are a number of issues that require additional discussion and direction, staff recommends that the hearing be continued or that the hearing be closed, and the item continued,to allow additional revisions to be made for the Commission's review prior to making a final recommendation to the City Council. Action Requested: Offer and pass a motion continuing the public hearing to the Planning Commission meeting of February 3, 2000, or, in the alternative,table the item for additional revisions. R N ichael Leek Community Development Director 1XrSHORE.RTF/ML 2 • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R Michael Leek, Community Development Director SUBJECT: Amendment to City Code Sec. 11.54, Shoreland Overlay Zone to create a 300-foot shore impact zone around natural environment lakes MEETING DATE: December 9, 1999 Introduction: At its November 16, 1999 meeting, in response to concern about Dean Lake, the Council directed staff to prepare an amendment to the Shoreland Overlay Zone that would create a 300-foot"shore impact zone" around natural environment lakes. Discussion: City Code Sec. 11.54, Subd. 4, Shoreland Classification System and Land Use Districts, identifies 5 natural environment lakes in the City of Shakopee. These are Blue Lake, Dean Lake,Fisher Lake, Rice Lake, and an unnamed lake with I.D.No. 70-0080. These are shown on the attached exhibits, which also include aerial photography and the approximate locations of the proposed shore impact zone lines. The Shoreland Overlay Zone currently defines a"shore impact zone" as; 'Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the structure setback.' The restrictions on clearing within the shore impact zone(as well as the bluff impact zone) are found at pages 1294 and 1295 of the 1997 code revision, a copy of which is attached. Simply imposing a 300-foot shore impact zone would result in a number of existing properties on the south side of Dean Lake and in Southbridge becoming noncomforming uses. Further, any future vegetation alteration on these properties would require a variance. For that reason, staff has attempted to draft the language so that the 300 foot zone would apply only to undeveloped properties. In order to address the Council's concern and direction, the following additional language is suggested; except in the case undeveloped property adjacent to natural environment lakes. for which the shore impact zone shall be land located between the ordinary high 1 • . except in the case undevelogedproTerty adjacent to mat ual environment lakes_ kr which the shore imoact zone shall be land located between the ordinary high water level of a natural environment lake and a line parallel to it at a setback of 300 feet. 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 for consideration by the Planning Commission; 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 regarding the preservation of land adjacent to natural environment lakes have taken place, and are expressed in a desire to preserve more of such lands and the natural vegetation found on such properties. Criteria#3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Significant changes in City-wide or neighborhood development patterns have not occurred Criteria#4: That the comprehensive plan requires a different provision. Finding#4: The Comprehensive Plan contains policies whose purpose is to insure the protection of the City's natural resources. Thus, the proposed provision is consistent with the Plan, but the Plan does not require a different provision. Alternatives: • 1. Recommend to the Council approval of the proposed text amendment as presented. 2. Recommend to the Council approval of the proposed text amendment with revisions. 3. Recommend denial of the proposed amendment. 4. Continue the public hearing the item for additional information or other reasons. Staff Recommendation: Because it appears that the Department of Natural Resources has not received the notice required under City Code Sec. 11.54, Subd. 3.D., staff recommends continuing the public hearing to the January 6, 2000 meeting. Action Requested: cmhare rm14u. 2 • Offer and pass a motion continuing the public hearing to the Planning Commission meeting of January 6,2000. R Michael Leek Community Development Director • • 3 odsharestfl'bfL §11.54 (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the / surface of the public water assuming summer, leaf-on conditions,whenever practical;and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations,Chapter 1340. d. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. e. Steep Slopes. The Building Official and/or the City Engineer must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters,assuming summer, leaf-on vegetation. 3. Height of Structures. All structures in residential districts, except churches and nonresidential agricultural structures, must not exceed thirty- five(35)feet in height. C. Shoreland Alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, • preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetation Alterations. a. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Subdivision 5D of this Section are exempt from the vegetation alteration standards that follow. b. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Subdivision 5F is allowed subject to the following standards: p.q.,.w.d in 1997 1294 :f , §11.54 .• (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use 1 an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures of facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; (b) along rivers, existing shading of water surfaces is preserved;and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead,diseased,or pose safety hazards. 2. Topographic Alterations/Grading and Filling. a. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However,the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems,and driveways. b. Public roads and parking areas are regulated by Subdivision 5D of this Section. c. Notwithstanding Items a.and b. above, a grading and filling permit will be required for. (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones;and (2) the movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. pep mimed in 1997 1295 • a. 0 11 z _ ig ii W m . fil � . a9 /w' of 0 J O N m al !a El I a_0 Wd g Ti 21.1O r / 4211111111IFORIVIA)r,V , C4 01, / 0 / .... ____. . .___ ... \ plio _ _____ 11 ilig.,.,!&,_ z 4 4 ..,,,,,...._imu /AIL /*I / :7,14i'ip Iiii.i 1_,,, _ ,...,,, mit- i „, :um wi_____ iir ip t-,,t.„ 11 147 ilii lirr -' r e I � .z CD MI 4- 11111111111 0_ ! . ft..!1 1W41i 0 dill1//grZ 1, 111,0 LIM cc \cis, al .„,.:1 -:1A--TAII _c 11,-is I rm. imp,prip w \,. 17.,...41: pale 1+- 1r--i. .-•lelir-7.., ,,,,,-'t,r,-,....M MI IIMIMill • anis i xi:�"i,• ` 1 • 'Ifs■. .._iv, rs....F:4Ek-y... .:,,::,,,,1 wmr.,,,,,,,,F,:inw,;. . CU - _ ..:2,4024411",q.Ia, - iji. 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' ` , I - p "..-:9". s ;r , ,77 , t V s (` i f ..e a i ^rt i., '' _ y `3 �l gin*Vis, -' 44171,..ar.--,10.-;_.:. - . - li Cti n - ..\ Acca/ V. .�.. :") ti �; r31.. ,fits' /s,f}, / CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II RE: Revised Resolution for Kmart DATE: January 18, 2000 DISCUSSION On May 4, 1999, the City Council approved Resolution No. 5132. This resolution granted a conditional use permit(CUP)to Continental 89 Fund LLC to allow a retail facility in the Highway Business(B 1)zone. The original application for conditional use permit for this property was made in connection with a request for vehicle sales, service, and repair. As a part of the review of the original application, the applicant agreed to forego the inclusion of a vehicle service and repair center on the site, now or at any time in the future. While both parties(the city and the applicant)understood this to be the case, specific language restricting the construction of a vehicle service center was not included in Resolution No. 5132. Staff has prepared Resolution No. 5305. This resolution has been drafted to include language which would prohibit the construction of a vehicles service or repair center at any time as a part of this retail facility. ALTERNATIVES 1. Approve Resolution No. 5305. 2. Do not approve Resolution No. 5305. 3. Table the matter and request additional information from staff. ACTION REQUESTED Offer a motion to approve Resolution N. 5305, and move its adoption. dl oriyir. I'e Klima e lanner II gAcc\2000\cc0118\res5305.doc RESOLUTION NO.5305 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, GRANTING APPROVING AN APPEAL BY CONTINENTAL 89 FUND AND GRANTING A CONDITIONAL USE PERMIT WITH REVISED CONDITIONS FOR A RETAIL FACILITY IN THE HIGHWAY BUSINESS(B1)ZONE WHEREAS,Continental 89 Fund LLC, applicant and RenderBanks Limited Partnership, owner,have filed an application dated and received February 5, 1999,for a Conditional Use Permit for vehicle service or repair under the provisions of Chapter 11, Land Use Regulation(Zoning), of the Shakopee City Code, Section 11.36, Subd. 3.K.; and WHEREAS,this parcel is presently zoned Highway Business(B1); and WHEREAS,the property upon which the request is being made is legally described as; That part of the Northeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22, Scott County,Minnesota which lies south of the centerline of Vierling Drive. Except Parcel 61 Minnesota Department of Transportation Right of Way Plat No. 70-5. WHEREAS,notice was provided and on March 4,March 18 and April 8, 1999,the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director and invited members of the public to comment;and WHEREAS,the applicant has appealed the decision of the Board in order to seek clarification of several of the conditions of approval imposed by the Board;and WHEREAS,the City Council reviewed the appeal on May 4, 1999;and WHEREAS,the requested revisions are consistent with the intent of the Boards approval;and WHEREAS,the City Council approved Resolution No. 5132,which approved the conditional use permit for a retail facility;and WHEREAS,the applicant and the City agreed, as part of the conditional use permit review,that a vehicle repair and service center would not be constructed as part of the retail facility now or at any time in the future;and WHEREAS,Resolution No. 5132 did not include language restricting the construction of a vehicle repair and service center. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That Resolution No. 5132 is hereby rescinded and replaced with Resolution No. 5305. This resolution shall hereby GRANT the conditional use permit for a retail facility, subject to the following conditions: 1. Shall not have a public address system from any part of the facility which is audible from any residential property.; 2. Shall maintain a landscaped buffer 100 feet wide from any residential zone, as shown on the site plan received April 2, 1999. 3. This approval only applies to the parcel identified as Parcel A on drawings received April 1 and 2, 1999. The site plan shown west of Parcel A is for illustrative purposes only and shall require further review and approval, if necessary. 4. All on site lighting shall be directed on site(toward the structure, parking areas, etc.)and shall comply with the lighting requirements of the City Code. A lighting plan complying with this requirement has been provided by the applicant. 5. The applicant shall provide a combination of berming, planting or fencing along Vierling Drive to prevent headlight wash in the direction of Vierling Drive, as shown on the site plan received April 2, 1999. 6. Mechanical components on the top of the structure shall be fully screened by molded sheet panels placed around the mechanical components and painted the same color as the sides of the building, or by other screening approved by the Zoning Administrator or other appropriate City staff. 7. Trash containers will be stored in fully enclosed areas, including the top. 8. Adequate lighting consisting of two"standard" city street light poles, otherwise acceptable to the staff and City Engineer, will be provided on Vierling Drive at the entrance to the site. 9. Building materials used on the sides and rear of the building shall be of the same or similar materials and colors as the front of the building. 10. Signage along Vierling Drive shall be limited to the size and height requirements of the City Code in effect at the time of sign permit application. Free standing signage shall be of a monument type design, constructed of face brick, stone, decorative block, painted block or other similar materials. Only one free standing sign shall be allowed fronting Vierling Drive for both"Parcels A and B". Therefore, a business complex sign may be utilized to identify two or more of the ultimate users on site or a free standing sign may be used to identify one user. One common monument sign on Vierling Drive will be allowed for the entire property. This condition is not intended to restrict signage along Highway 169 or County Road 17. 11. There shall be a vehicular access point directly south of Swift Circle (center access point as shown on site plans received March 10, 1999) from Vierling Drive, which shall be a right in only. 12. The store manager will inform the drivers of all delivery trucks to access Vierling Drive via County Road 17 rather than County Road 16, and will post readily visible signage to this effect at the truck dock area. 13. The applicant shall revise the site plan to provide a total of 537 parking spaces, as shown on the site plan received April 8, 1999. 14. The developer shall construct a sidewalk connection on site to provide pedestrian access to the structure, as shown on the site plan received April 2, 1999. 15. Landscaping shall be conform to the landscaping plan received by the City on April 2, 1999. The applicant shall provide, prior to the recording of the CUP, a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance during the first year of planting. 16. Loading and delivery areas shall be fully screened from view of residentially zoned property with landscaping plans, as shown on the site plan received April 2, 1999. 17. No outdoor storage or display of goods for sale shall be allowed, unless a Conditional Use Permit for such use is approved by the City. 18. The City shall receive written documentation from Minnegasco stating it has received, reviewed, and approved the site plan for the property. 19. All delivery of stock or removal of garbage shall be restricted to between the hours of 6 a.m. and 10 p.m. 20.No outside trailers of any size, type, or style are to be used for storage, except that(i)no trailer may be parked outside the loading bays on the site for more than 72 hours, and(ii)location of trailers on the site shall be permitted for storage of construction materials, fixtures and inventory necessary for and associated with alterations to and refixturing of the store, and iii)trailers may be parked in the loading bays for more than 72 hours. 21. This Conditional Use Permit shall not allow the construction of a vehicle service or repair center as part of the retail facility. Adopted in regular session by the City Council of the City of Shakopee,Minnesota this day of January,2000. Mayor ATTEST: City Clerk CERTIFICATION OF RESOLUTION NO. 5305 I,Judith S. Cox, City Clerk for the City of Shakopee,do hereby certify that the attached is a true and correct copy of Resolution No. 5305,presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 18th day of January, 2000, as shown by minutes of the meeting in my possession. Dated this day of ,2000. Judith S. Cox, City Clerk SEAL CONSENT CITY OF SHAKOPEE /S, 6-, • J Memorandum TO: Mayor and City Council Mark McNeil, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resignation of Office Service Worker MEETING DATE: January 18, 2000 Introduction: Lynette Walsh has tendered her resignation from the position of Office Service Worker effective January 21, 2000. Council is asked to accept her resignation at this time. Staff will address the Council relative to filling this position at its February 1, 2000 meeting. Action Requested: Offer and approve a motion accepting the resignation of Lynette Walsh from the position of Office Service Worker effective January 21, 2000. R. N ichael Leek Community Development Director Resig.doc/ML 1 �s 6. b . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of RLK on Behalf of Daimler-Chrysler to have the Council concurrently consider a preliminary and final plat of property located south of STH 169 and west of CSAH 17. MEETING DATE: January 18, 2000 Introduction: RLK/Daimler-Chrysler is requesting that the Council allow the concurrent review of a preliminary and final plat of property south of STH 169 and west of CSAH 17. Discussion: Under the City's previous subdivision ordinance concurrent review of applications for preliminary and final plat could take place before the Planning Commission if the Commission gave approval in advance for the applications to proceed concurrently. Under the recently adopted subdivision the Planning Commission will no longer review ordinance final plats. Thus, any concurrent review of a preliminary and final plat would have to occur at the City Council level. RLK/Daimler-Chrysler had previously submitted an application for a conditional use permit(CUP)for multiple structures on one lot to allow 3 new car dealerships to be developed on the subject property. Because of potential traffic and roadway issues, staff recommended that the property first be platted, in order to allow these issues to be addressed. In response to this recommendation, the applicants have withdrawn the CUP application, and are preparing plat applications. Because of concerns regarding the timing of approvals, and because the proposed plat is expected to be a relatively simple one to review, the applicants are requesting that the Council agree to review the preliminary and final plats at the same time. The applicants to provide the Council with an idea of how the proposed plat and eventual site development would look have provided the attached information. Staff specifically suggested that the applicants show generally how they propose to address screening from 17th Avenue and the residentially guided property to the west. Based on discussions with the applicants, it appears that the actual plat application will include a request for a reduction in the width of the required buffer in exchange for berming and landscaping to accomplish the purpose of the ordinance. PFPchrys.aociNu, If the Council agrees to allow the preliminary and final plat to be reviewed together, it is not binding itself to approve them together. Alternatives: 1. Offer and pass a motion approving the request to have the City Council review the proposed preliminary and final plats concurrently, but reserving the right to act separately on the respective applications. 2. Do not pass a motion approving the request to have the City Council review the proposed preliminary and final plats concurrently. 3. Table the matter for additional information. Action Requested: Offer and pass a motion approving the request to have the City Council review the proposed preliminary and final plats concurrently, but reserving the right to act separately on the respective applications. a _ R. Michael Leek Community Development Director PFPCIuys.doc/ML 2 MAKEngineering • Planning • Surveying • Landscape Architecture ( KUUSISTO LTD iiamiso,EST. 1959 January 12, 2000 Honorable Mayor John Brekke, Members of the City Council c/o Michael Leek—Community Development Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Daimler Chrysler Development—Preliminary and Final Plat Dear Mayor Brekke& City Council: On behalf of Daimler Chrysler,RLK-Kuusisto is submitting the following information to the City Council for their review and comment. Daimler Chrysler is proposing a commercial development on a 19+/acre parcel in the City of Shakopee, commonly known as the Chadwick parcel. The property is currently zoned B-1 and located at the southwest quadrant of Marschall Road and Highway 169. Daimler Chrysler's desire is to develop this property according to city ordinance and will be submitting documents for official plat review. Due to project construction schedule and Chrysler's desire for fall 2000 start-up, Daimler Chrysler is petitioning the City Council for concurrent review of the preliminary and final plat application. It is Chryslers desire to submit preliminary and final plat applications to the City of Shakopee within the next two months. The attached sketch plat(Exhibit 1)is being submitted to the City Council to identify the intended plat configuration. This proposed plat identifies replatting of the Chrysler property as well as the Greenwood parcel, which is located adjacent to the Chrysler development. Daimler Chrysler is currently discussing with the Greenwood property owner the proposed parcel reconfiguration. Prior to submitting an official plat application, an agreement will be reached with the Greenwood property owner concerning property configuration. The proposed site plan will identify three new dealerships to be developed. Each building will be approximately 21,000 S.F. in size and will be a state of the art dealership. An example of similar dealerships that Chrysler has constructed across the Country is attached in Exhibit 2 Offices: Hibbing • Minnetonka • St.Paul • Twin Ports (612)933-0972 • 6110 Blue Circle Drive • Suite 100 • Minnetonka,MN 55343 • FAX(612)933-1153 January 12,2000 Page2of2 Access to the proposed dealerships will be from 17th Avenue and a new public roadway will be constructed at the intersection of Weston Lane and 17`1'Avenue. The public roadway will be extended north into the site and provide access to the proposed dealerships and future development of the Greenwood parcel. The site will be designed to meet the City of Shakopee setback requirements for front and side yard setbacks. Daimler Chrysler will also be request a variance for the one hundred foot rear yard setback along the west side of the property. Chrysler requests that the Council favorably consider a rear yard setback of 50 feet along the west property line for this development. Currently the adjacent property to the west is undeveloped. If a 50-foot setback is agreeable, Chrysler will construct a six-foot high sculptured earthen berm along the west property line and install plantings on the top of the berm. This berm would create more of a buffer from the adjacent property than a one hundred foot open space buffer. The 50 foot buffer setback will be detailed during the formal submission of the preliminary and final plat. A cross section of the proposed berm and proposed screening along 17th Avenue are attached in Exhibit 3. Thank you for the opportunity to submit this letter requesting concurrent plat review. Sincerely, 4, ' r . Joseph M. Samuel, P.E. 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CITY OF SHAKOPEE Memorandum '.- TO: Mayor& City Council _v Mark McNeill, City Administrator ,,,4 FROM: Bruce Loney, Public Works Director SUBJECT: Joint Powers Agreement for 2000 Street Maintenance Work DATE: January 18, 2000 INTRODUCTION: Attached is a Joint Powers Agreement (JPA) for 2000 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other south suburban communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several Communities combined needs. The City of Shakopee entered into this JPA in 1996, 1997, 1998 and 1999. In this JPA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services, such as street traffic markings, street sweeping, crack sealing and seal coating. The City of Burnsville charges a 1% to 2% fee for administering the JPA, depending on the amount of work. The City of Shakopee, for 2000, would be interested in street seal coating, street crack sealing and traffic markings. For this amount of work, the administration fee would be 1.5%of the cost. The 2000 budget has included the following work in the Street Division: • Bituminous Seal Coating $45,000.00 • Bituminous Pavement Crack Sealing $15,000.00 • Street Traffic Markings $10,000.00 Staff is proposing to enter into the JPA to complete the above referenced street maintenance work for 2000. Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June, as well as the bituminous seal coating and crack sealing work. In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of 1.5% is reasonable and the volume of work will provide for lower bid prices. City staff has reviewed the JPA and feels that the specifications allow each City to decrease or increase the quantity of work, even to the point of opting out completely, so that the risk to the City of Shakopee is very minimal and there can be cost savings that can be realized by bidding with other Cities. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 2000 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Powers Agreement for 2000 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. /4Q A Loney Public Works Director BL/pmp JPA 0���. City of BURNSVILLE 100 Civic Center Parkway • Burnsville, Minnesota 55337/4..21 1 �4 (612)895-4400 December 17, 1999 / ' -' � l/ 4.....,,,,, I 04 d Mr. Dennis Miranowski Mr.Arnie Erhart '`''-` `Mr. Bruce L? ey-`'/. City of Apple Valley City of Eagan City..gf Shakgpee 14200 Cedar Avenue 3501 Coachman Point 129 Ho' , ySe t S. Apple Valley,MN 55124 Eagan,MN 55122 Shakopee, 5379 Mr.Don Volk Mr.Rich Lonnquist Mr. Dave Hutton City of Lakeville City of Rosemount City of Savage 20195 Holyoke Avenue 2875 145th Street West 6000 McColl Drive Lakeville,MN 55372 Rosemount,MN 55068 Savage,MN 55378 Mr. Greg Hartman Mr. John Sachi City of Prior Lake City of South St.Paul 4629 Dakota Street S.E. 125 3rd Avenue North Prior Lake,MN 55372 South St. Paul,MN 55075 RE: 2000-2001 JOINT POWERS AGREEMENT FOR TRAFFIC MARKINGS, STREET SWEEPING, CRACK SEALING AND SEAL COATING Dear Bruce: Enclosed is a copy of the Joint Powers Agreement(JPA) for the joint bidding on the above referenced items. This Agreement includes the sliding scale percentage for the actual construction cost for each City. The City of Burnsville collects this cost to cover coordination,legal and administrative costs. This will be billed to each City at the end of the year. Please call and indicate if you wish to participate in the 2000-2001 JPA, and also place this Agreement on an early agenda for your Council's action. After Council action,please sign the JPA for your City and return the original to me at the Burnsville Engineering Department. Our City Council is considering the JPA on January 18, 2000 and the bid opening on February 25, 2000. I will be calling in two weeks to get the necessary quantities. Also, enclosed is a copy of the 2000-2001 schedule, last year's specifications and abstract for your review. If you have any questions, comments or suggestions,please feel free to call me at 895-4541. Sincerely, CITY OF BURNSVILLE Cleve Crowningshield Engineering Depai intent CC/ns Enclosures JOINT POWERS AGREEMENT 2000 TRAFFIC MARKINGS, STREET SWEEPING, CRACK SEALING & SEAL COATING BURNSVILLE,APPLE VALLEY,EAGAN,LAKEVILLE,ROSEMOUNT SAVAGE,PRIOR LAKE,SHAKOPEE,AND SOUTH ST. PAUL AGREEMENT made this 18th day of January,2000 by and between the cities of Burnsville, Apple Valley, Lakeville,Rosemount, Savage, Prior Lake, Shakopee, and South St. Paul. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville, Apple Valley, Eagan, Lakeville,Rosemount, Savage,Prior Lake, Shakopee, and South St. Paul utilizing one common contractor for each service. NOW, THEREFORE,the parties agree as follows: 1. Subject to the other provisions of this agreement,Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, crack sealing and seal coating services. 2. Apple Valley, Eagan,Lakeville,Rosemount, Savage,Prior Lake, Shakopee, and South Paul shall provide to Burnsville the estimated quantities for these services in each respective community, and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley, Eagan, Lakeville,Rosemount, Savage,Prior Lake, Shakopee, and South St. Paul and upon their approval, award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. Joint Powers Agreement Page 2 • Inspecting the contractor's work,measuring the quantities of work performed, approving and certifying the progress or final payments to the contractors. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0—50,000—2 % $50,000— 100, 000— 1.5% Over$100,00— 1.0% 5. In accordance with the specifications,the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. In is agreed that the cities of Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, and South St. Paul each of them, indemnify, save, and hold harmless the City of Burnsville and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of execution or performance of the work purchased for each respective city under this agreement, and that the cities of Apple Valley,Eagan, Lakeville,Rosemount, Savage,Prior Lake, Shakopee, and South St. Paul further agree to defend, at their sole expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise, the agreement will automatically terminate on March 15, 2001. Joint Powers Agreement Page 3 IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the day indicated below. CITY OF BURNSVILLE BY: Mayor Elizabeth B. Kautz DATE: BY: Manager Gregory J. Konat CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor DATE: BY: Clerk CITY OF LAKEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk CITY OF PRIOR LAKE BY: Mayor DATE: BY: Clerk Joint Powers Agreement Page 4 CITY OF SHAKOPEE BY: Mayor DATE: BY: Clerk CITY OF SOUTH ST. PAUL BY: Mayor DATE: BY: Clerk 15 . b . a, �fl CITY OF SHAKOPEE ��` V � Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Advertisement for Public Works Maintenance Workers DATE: January 18, 2000 INTRODUCTION: Staff is requesting authorization from Council for the advertisement for the additional Maintenance Workers included in the 2000 Budget. BACKGROUND: Included in the 2000 Budget are two additional Public Work's Maintenance Workers. Staff is requesting authorization to proceed with the hiring of the additional employees in order to have these employees available for the spring work activities. Typically, the length of time from authorization to advertise to actually hiring of an employee takes six to eight weeks. RECOMMENDATION: Staff recommends that staff be authorized to advertise to hire two additional Public Work's Maintenance Workers as included in the 2000 Budget. ACTION REQUESTED: Move to authorize the appropriate City staff to utilize Scott County personnel in the advertising and hiring of two Maintenance Workers for the Public Works Department. nice Loney Public Works epartment BL/pmp PERSONNEL CITY OF SHAKOPEE Memorandum TO: Gregg Voxland,Finance Director Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 2000 Budget Staffing for Public Works and Engineering Departments DATE: July 26, 1999 As per the 2000 Budget packet instructions, this memorandum is in regard to additional staffing needs being requested for the Public Works and Engineering Departments for the year 2000. The following staffing addition is being proposed for the following departments: Engineering At this time, no additional Engineering staff is being proposed for the year 2000. In order for the Engineering Department to meet its obligations and responsibilities, the overtime budget will be increased slightly and the Engineering Department will be budgeting for three interns during the year 2000. The Engineering Department will have consultant firms, in which the City can contract with, in order to meet the Engineering work that the City's Engineering Department cannot meet. Also, by adding another full time employee to the Engineering Department, there is no room in the current level at City Hall in order to accommodate this employee, and waiting another year to perhaps add another Engineering Technician is appropriate once a space needs study has been completed for the entire City. Public Works Department The Public Works Department is requesting two additional maintenance worker positions, one being added to the Parks Division and one added to the Street Division for the year 2000. Attached to this memorandum are a series of graphs to justify the staffing positions. In summary, these graphs would support the justification of these positions as follows: 1. The City of Shakopee populations has grown from 1980 to 2000 projected by 8,000. The majority of this growth has occurred since 1995. 2. Increased miles of street maintained by the City from 1982 to 1998 has grown from 55 miles to 105 miles. 3. The number of employees in the Public Works Department has not grown substantially from 1980 to 1999, in fact has only grown from 12 employees to 14 employees and one of those employees is an additional mechanic. 4. The population per Public Work's employee has consistently been on an upswing from a level of 828 persons per Public Work's employee in 1980 to 1182 persons per Public Work's employee in 1999. The addition of two Public Work's employees for the year 2000 would only lower the population to 1088 persons per Public Work's employee in 2000. 5. The amount of sanitary sewer miles has increased to 30 miles to 63 miles from 1990 to 1998. 6. The amount of storm sewer miles has increased from 23 miles to 51 miles from 1990 to 1998. 7. This amount of storm sewer miles does not include the 4.75 miles of Upper Valley Drainageway which is a high maintenance facility that drains a significant area in Shakopee and future Shakopee area in Jackson Township. In addition, the amount of storm drainage ponds were non existant in 1990 and in 1999 there are several ponds throughout the City in which the Public Works Department is responsible for maintenance. 8. In the Parks System, since 1980, approximately 157 acres of parks have been added to the system and essentially no additional employees have been added for the maintenance of these parks. 9. Since 1990 to 1991 the City has added significant sidewalk and trails in which the Public Works Department maintains for snow plowing, repair and other maintenance activities as necessary. The City Council changed the policy in which the City's Public Works Department maintains all trails and sidewalks on collector streets and through the park system. The total amount of sidewalk that the City maintains is approximately 20 miles and the amount of bituminous trail is approximately 15 1/2 miles. In 1999, the Public Works Department did request for an additional maintenance worker position for the Parks Department due to the addition of Meadows Park, Prairie Bend Park and Timber Trails Park which have been developed and require more regular maintenance. In the 1999 Budget the Public Work's request was denied, due to staffing increases in other departments and the limit of the budget. Staff has also received an E- mail from the Mayor in which he is requesting improved park maintenance for next year and in order to accommodate this additional work, additional staffing will be needed. In summary, the Public Works Department is requesting additional staffing due to the following reasons: 1. The increased number of miles of street, sanitary sewer, storm sewer, sidewalk, trail and acres of park that have been added to the City's infrastructure and acres of park that have been added to the City's infrastructure maintenance responsibilities since 1995. 2. To increase the level of service in the Parks Division as well as in the Street and Sanitary Sewer Division and Storm Drainage Utilities. 3. To catch up on the maintenance staffing level from previous years in which a slight increase of staff was done during a period of growth in the City of Shakopee. This concludes my memo on additional staffing for the Public Works and Engineering Departments and if you have any questions in regard to this memo, please contact me in my office. :Truce Loney Public Works Director B/L/pmp STAFFING cc: Michael Hullander,Public Works Supervisor #of people _a — s — - N OOO OOOOOO 0 i O O O O O O O O O O O (0 _ , j V 1 U1 I f I i 1 I I j (0 _ CO 0 CI —a D co V co l • P. 0 r' u. • 0 0 1 CO 0 Vi Z CV 0 .....72 -a co D m o CD Cn v -10 m a. --,o o CL •• C a o 0 m 0 0 i • N 00 _..W...er �� _ .,._............_.,�_..._._.�..._.__s.._._....... ..._.....m..__.�..m........_.d..,�.__�.: UI Miles of street — o 8 $ 8 8 8 23 • N rt Q cr • - O o 0 0 0 0 0 co • co N O CO - 'A n 0 o- - O O N 3 I ff * CD o - .rn .� 3 � CD rt sh m m N CD S 0"6:"a _ 0 z to I rr O o O CD Q I 0. iii 1 Z CD * st0 3 -aa o. m cD p- co o 11 nm CD rna ^ m i �, cn a o s• o m m ' 0. ill) m .� N N m 0 3 0 * '0 o a 0 o 73 CD CO CO CD CD CD CD CD CD CD CD CO CD CO CO CO CO CD CO CD CD cD OOOOOOOOOOCOCDCOCOCOCOCO CDCOCDa) 0 a m O -6N W . . UI0) -4CO OD0 -+ N Ca 4. UI 0) rlOCD -+ CD c-) O 73 p M to CD a ti a N P- !-a o • a C mm .< o a .-0 _R. m -« G N y . yo. 0 5 NNNNNNNNNNN -a -6 64 CO CO W .AA4 � n O ID sv a CD CD a m m, #of people per employee 1- cDcDcOOcDcOcO , 00 CO tO O CO tO t0 co 0 OOCfl0 -.100Co CD � n C a+ rn as r— of ONO CO� � CO W CAN 4( C CO � cD CD Q 3 tb CD WIN C CD 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 co a' i i CO o i J • 02 U, • 0 CD O. I to co o O .moi CO W C 0. = N (OBD MI ET co-13 ? C O Q co 0 at C O DC N M N O 0 0 cD CD N 0 O Z -+ NN -< -a. � .►'� - Pa ' .� al a; O cm000m 0) (0 CD mo scsts000N V PCD 0 •A -+ 0 0 On Off -4 02 CO 0 -A ', O• , 1i" f N CD• m > O -20 o 0. U� o a 5 a O N a C coa coa C • O ..a ...► co" co' Q 0 J J N Q O = �h Q CT cp NAlO -► = ao, a0 • a °D � Ommww � mCDnv2 0 0 CO OD �It0 W -- N . . o 0 co -, CD OO co J J Q O Q CO 03 W �" CD CD CD CD N CO .1o. N CD N CD N Amount o o a 8 $ S' 8 i3 o _ C O N 41 g J y m • V Amount 0 0 8 8 $ `8 8 8 1 I i i 1 3 i o W c 3 O � y I m ' J -.1 Parks Maintained by the City of Shakopee High Maintenance Parks: AU are mowed by Public Works. Park Area (acres) Equipment to Maintain/Description of Park I playground, horseshoe pits,warminghouse/picnic Holmes Park 2.61 shelter/restrooms, basketball court, open skating rink Stans Park 2.73 playground,tennis courts two picnic shelters, restrooms, playground, horseshoe pits, sand volleyball court,tennis courts, archery range, trails, frisbee golf, swimming pool, warminghouse/restrooms, two hockey rinks, open skating Lions Park 44.4 rink, youth building one baseball field, nine softball fields, one permanent football field, four seasonal football fields, playground, trails, picnic shelter/restrooms/concession stand, Tahpah Park* 41.6 bleachers Huber Park** 10 undeveloped, boat landing, restrooms,trails Riverview Park 2.24 baseball field Timber Trails Park**" 2.2 playground, basketball court Killarney Park 3.44 undeveloped but mowed playground, open skating rink, 1.5 basketball courts, Hiawatha Park 1.77 picnic shelter,warminghouse, informal youth bailfield two picnic shelters, restrooms, playground, horseshoe pits, trails, restrooms, walking bridge, three wells, septic Memorial Park 23.2 system trail, playground, one hockey rink, one open skating rink, basketball court, sand volleyball court, horseshoe pits, Scenic Heights Park 11 warminghouse/picnic shelter/restrooms Emerald Tot Lot 0.28 playground Meadows Park 5.04 playground,trail, basketball court playground, sand volleyball court, basketball court, Prairie Bend Park 4.3 horseshoe pits, informal youth ballfield, trails, benches trails,three ballfields, maintain community center George Muenchow Fields 30.3 grounds City/School Complex 30 undeveloped approximately 30 mowable acres, 2 septic systems, 3 Murphy's Landing 58 wells, gravel roads Since 1980: *three softball, one baseball, and one football field were Note: Parks highlighted have been added added.became undeveloped. since 1980. Total amount of added park is: ***was undeveloped in 1980. 156.92 acres. Total amount of mowed park: 273.11 acres Low Maintenance Parks Park Area (acres) Types of Maintenance O'Dowd Park 18 trails, fishing pier, (undeveloped) Southbridge Development 50 acres planned Eaglewood Park 21.65 wetland(undeveloped) Horizon Heights Park 12.1 ravine(undeveloped) Deerview Acres Park 6.9 1 acre mowable, 5.9 acres wetland (undeveloped) Note: Parks highlighted have been added since 1980. Total amount of added park is: 156.92 acres. ;Total amount of low maintenance park: 58.65 acres Total amount of park in: 1999 = 331.76 acres 1980 = 174.84 acres Amount(acres) _. N N W W 0 01 O O O O O O CO t V 1 01 1 t , \\ .0 • A CCD 0 co p Cn ra ••( \ to V+ 3 ID M I 1 O co CD J -1 O CO0 CO CO CO O I� D A ZD \ , N • A .-.I OD N co - O) 4. N O O O Amount(acres) N N - O al O 01 O CT CO ✓ 01 1 CO O - - - CD C0 Co Oh D C, y WSO m A y CO 0 O -p ? N :no 3- _ CO O O CD) CD tD CD 3 co N -+ O CO- _ CO Cn O O Sidewalk and Trail in the City of Shakopee ,.:areas are thes�de �� .iT , Map Code Street Sidewalk(ft) Trail (ft) 1st Ave. St.to Fuller St •1 ' . tiss t s t a to ust`3•ast CSA ' t :tai to AW ar'St. esu ._ 1e Fuller St. to Spencer St. S=1313 1f Fuller St. to Spencer St. N=810 2nd Ave. 2a Dakota St. to Atwood St. N=3260 2b Apgar St. to Naumkeag St. S=4610 3rd Ave. 3a Naumkea• St. to CSAH 17 N=440, S=273 3b Shumway St.to Minnesota St. N=3575, S=3100 4th Ave. 4a Pierce St. to Shumway St. N=294 4b Shumwa St.to A••ar St. N=90 -. 4c A war St. to Scott St. N=325, S=20 4d Scott St.to Fuller St. N=665, S=665 : Fuller'St. to CSAH 17 l''' N=4461, S=4622 5th Ave. 5a Webster St. to Cass St. N=340, S=340 5b Cass St.to Clay St. N=90, S=76 5c CIa St. to Shumwa St. S=660 5d Shumway St.to Aar St. N=330, S=180 5e Apgar St. to Spencer St. N=2356, S=2356 6th Ave. 6a Cass St. to CIa St. N=94 6b St. Marks Rd.to Pierce St. S=280 6c Pierce St. to Shumwa St. N=53, S=243 St.to Spencer St. s =7981 5=1981 ` 7th Ave. 7a St. Marks Rd.to Pierce St. N=490, S=490 7b Scott St. to Atwood St. N=335 7c Atwood St. to Holmes St. N=670, S=580 7d Sommerville St. to Spencer St. N=215 8th Ave. 8a Atwood St. to Holmes St. N=670, S=670 Map Code Street Sidewalk(ft) Trail (ft) (8th Ave continued) 8b Holmes St.to Lewis St. S=330 8c Sommerville St.to Main St. N=290 10th Ave. 4 ; _ ,uare to Marshal-Roc 11th Ave. 11 Legion St. to Marriefield Ct. S=1650 12th Ave. 12 Vierling Dr. to Co. Rd. 83 S=2630 Adams St./CSAH 15 , e ng Dr.to 6th Ave Atwood St. 14a 8th Ave. to 7th Ave. E=85 14b 7th Ave. to 6th Ave. W=155, E=325 14c 6th Ave.to Levee Dr. W=1797, E=1610 Dakota St. 15 7th Ave.to 4th Ave. E=950 Filmore St. 16 2nd Ave.to 1st Ave. W=145, E=306 Fuller St. 18a 8th Ave. to 7th Ave. W=80, E=150 18b 7th Ave. to 6th Ave. W=242 18c 4th.Ave.to 1st Ave. W=970, E=970 Holmes St. 19 Shakopee Ave. to 1st Ave. W=2560, E=2675 Levee Dr. 20 Fuller St.to Huber Park S=1070 Lewis St. 21 10th Ave.to 1st Ave. E=2718 W=2647 Main St. 22 3rd Ave.to 2nd Ave. W=161 Market St. 23 7th Ave.to Bluff Ave. E=2470 Minnesota St. 24a Cul-de-sac to 4th Ave. W=575 24b 2nd Ave. to 1st Ave. W=303, E=303 Sarazin St. North . '25a ff° y i4th St.to CSAH 16 77--mstmtlisMittlE=1985 Scott St. 26a 5th Ave.to 2nd Ave. W=166, E=974 Map Code Street Sidewalk (ft) Trail (ft) (Scott St. Continued) 26b 2nd Ave. to 1st Ave. E=155 Shakopee Ave. 27a Lewis St. to Sommerville St. S=165 27b Dakota St. to CSAH 17 S=1780 Sommerville St. 28a 8th Ave.to 7th Ave. W=80 28b 7th Ave. to 1st Ave. W=1861, E=1600 Spencer St. 29 10th Ave.to 1st Ave. W=2877, E=2877 Vierling Dr. 30a Taylor St.to CSAH 15 N-3857 S-1285 8=2764 ~` 30b Fuller St./Co. Rd. 77 to Co. Rd.79 N=2850 S=2616 30c Co.Rd.79 to CSAH 17 N=3579 S=1361 - 30d CSAH 17 to CSAH 16 N-5701 30e CSAH 16 to 12th Ave. N=587 S=567 CSAH 16 31 Marshall Rd.to Co. Rd. 83 S=7323 N=10955 CSAH 17 32 Vierling Dr. to 1st Ave. W=4836, E=7527 Co. Rd.77/Fuller St. 33 From 10th Ave.to Vierling Dr. W=3263 E=3220 Sidewalk South of 10th Ave, between Streets: 34a Minnesota and Dakota 385 34b Naumkeag and Shawmut 360 34c Shawmut and Legion 400 34d Austin St.to Park Ridge Drive 151 New Developments and Additions (Continually Changing) South Bridge Developmentvomensoeuraei South Bridge Parkway 51 Future CSAH 21 to Co. Rd. 18 N/W=6255 SIE=7760 Windsor Dr.South S2 Dead end to South Bridge Parkway W=510 Windsor Dr. North S3 South Bridge Parkway to dead end E=545 W=545 Berkshire Ct. S4 Windsor Dr. South to cul-de-sac N=91 Berkshire Ln. S5 Cambridge Rd. to Windsor Dr. South N=925 Map Code Street Sidewalk(ft) Trail (ft) Berkshire Cir. S6 Cul-de-sac to Berkshire Ln. E=95 Cambridge Rd. S7 Dead end to Windsor Dr. South N=935 Hartley Blvd. North S8 South Bridge Parkway to dead end W=600 Carlisle Curve S9 Dead end to Hartley Blvd. N=907 Ashton Cir. S10 Carlisle Curve to Carlisle Curve S=355 Oxford Rd.South 811 Dead end to South Bridge Parkway S=1870 Ashbourne Cir. S12 Oxford Rd. South to cul-de-sac W=435 Development by new Hospital 17th Ave. R1 Dead end to CSAH 17 (west side) S=1166 N=1158 -' R2 CSAH 17 to Dead end(east side) S=3740 N=3740 Sarazin St.South R3 From 17th Ave. W=1154 E=1201 Upper Valley Drainage Ditch Trail and Break-offs Main Trail Length (ft) A Tahpah Park to CSAH 15 1040 r-..'.. C Co. Rd.77 to Vierling Dr. 1740 -'.. D.. . _. - Vierling Dr.to Co.Rd. 79 1291 ,..E Co.Rd. 79 to Vierling Dr, _ 1550 F Vierling Dr.to CSAH 17 2695 • r='G Under CSAH 17 331 ,*::',,'.,"n''''ft -..:_ .= �.,.; CSAH 17 to Hauer's Trail .. 3915 Break-offs from main trail ,.b. 258 -d1 1672 '-''''''',1'4'r--"-d2' --- , — ' z. . .:_ .. 1030 „ ,.,.. --------f---'- _..:. _ ::1190 -, -1."±7-7.‘f2 __.. ._ ..__,_ =. ._ _ . :706 140 Break-offs Continue• Len•th ft i" "'>_',�""- 9 r °S 5 :!ma t mai-+*�'. �as- a "'^e N qq nn•. pry...•;n . .t 'S me.l9 ,- �r.. -W a1..ie^'•' i 1...i.........---.-..-••=-!....-...•_.„ gr'� r,,w r �- aa .r .,_;au� th y -ksu. +- _ , ,.,,.. ,„..,-..-_-_;,...?--4---t- `ate-� > Sidewalk and Trail under 1st Ave to Levee Dr Length (ft) Area(ft"2) T Sidewalk that goes down to tunnel 387 U Stairs •oin• down 51 816 V Brick between stairs and tunnel 26 506 W Tunnel 131 4323 X Trail (on the north side of the trail) 45 540 Trail and sidewalk from the Minnesota Valley Trail Sidewalk Trail Y Alon• Fuller St.to 1st Ave. 332 `Z Trail throw•h Huber Park to 1st Ave 570 Trail through Memorial Park Trail (total) MP . 6740 Trail through the O'Dowd Lake Park Area Trail Oa 385 Ob 66 Oc 700 Od 650 Oe 1790 Trail through Meadows Park Trail ,' ;,-4.., W 680 Trail by Sarazin St. North Trail � .. �• x . .. } :tom 41M-6716--aa razin St. ._, K- _.k.-h-,-.1695 -r �. Y, ,- o'' .1.(t,,.7.L.7 .,,,i 7-'''*i-,,-."" i• n r- i Z • • 1• €� < 1830 r. Break-offer 133 mss:a�a�w�_ �,�.�'� � ...��Z�� Trail through Prairie Bend Park Trail Pa % zx �y 265 -PC _ f.-.�: T 46- ,k� ,max x-660 Pdh fa �° „....,_-%,,,J,„1•,-`,",,-. "650 (Total amount of: Sidewalk Trail In feet 173633 83272 In miles 32.89 15.77 Total amount maintained by the city: Sidewalk Trail L. In feet 98759 67658 In miles 18.70 12.81 >S• .1 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Sarazin Street,Roundhouse Street And 4th Avenue Revised Assessment DATE: January 18, 2000 INTRODUCTION: Associated with the Sarazin Street, Roundhouse Street and 4th Avenue Project No. 1994- 10, there were several assessment appeals from property owners on this project. The City Attorney has negotiated a settlement with Klingelhutz Development Co. on parcels adjacent to Roundhouse Street. This agenda item is for Council to consider approving the payment of$117,500.00 for assessment reduction and interest to Klingelhutz Development Co. BACKGROUND: The City Attorney has been working on this assessment appeal and is recommending a settlement agreement with Klingelhutz Development Co. for the assessments on Roundhouse Street. Klingelhutz Development Co. was assessed for improvements along Roundhouse Street in the amount of$462,944.04. These assessments have been paid in full by Klingelhutz. Also, Klingelhutz Development was assessed for property along Sarazin Street in the amount of$140,850.11. This assessment was not appealed. The settlement agreement proposed by the City Attorney is for Klingelhutz Development Co. to fully execute a release and waiver of the assessment appeal or any other claims against the City, in exchange for the City to make payment in the amount of$117,500.00 for assessment reduction and interest. ALTERNATIVES: 1. Adopt a motion authorizing payment of$117,500.00 to Klingelhutz Development Co., from the Sarazin Street Project No. 1994-10, with funding to be from the Capital Improvement Fund. 2. Do not adopt a motion authorizing payment and go to trial. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as recommended by the City Attorney. ACTION REQUESTED: Adopt a motion authorizing payment of $117,500.00 to Klingelhutz Development Co., from the Sarazin Street Project No. 1994-10, with funding to be from the Capital Improvement Fund j,-77Bruce Loney Public Works Director BL/pmp ASSESSMENT RELEASE AND WAIVER RECITALS A. The undersigned is the former owner of Lots 1 and 2 and Outlots A and E of Prairie Bend First Addition (the"Property")in the City of Shakopee. B. On December 2, 1997, the undersigned commenced an action entitled Klingelhutz Development Company v. City of Shakopee, Court File No. 97-19250 appealing special assessments that were adopted against the Property by the City of Shakopee by Resolution No. 4776 on November 5, 1997. C. On March 18, 1998, the undersigned commended a second action entitled Klingelhutz Development Company v. City of Shakopee, Court File No. 98-18146 alleging misrepresentation, breach of contract, and breach of covenant of good faith and fair dealing by the City in regard to the failure by the City to provide proper information to Klingelhutz Development Company as to the amount of the special assessments and the improper manner in which the City paid the contractor for the improvements. D. The City of Shakopee and the undersigned have settled the matters in dispute. NOW, THEREFORE, in consideration for the foregoing, the undersigned, on behalf of itself, its agents, employees, officers, and anyone on its behalf and on behalf of anyand all gacting future owners of the Property forever: (1) releases and discharges the City of Shakopee, its agents, employees, officers, and anyone acting on its behalf from any and all claims or causes of action arising out of the adoption of the special assessments for city project number 1994-10; (2) waives any claim or right to challenge or appeal the assessments that were levied by the City as to the Property; and (3) releases and discharges the City of Shakopee, its agents, employees, officers, and anyone acting on its behalf from any and all claims or causes of action that have been or could have HT-174389v1 1 SH155-44 been asserted in Court File No. 98-18146 by Klingelhutz Development Company against the City of Shakopee. The undersigned further agrees to cooperate fully with the City in filing stipulations dismissing the above referenced lawsuits, with prejudice and with each party to bear their own costs,disbursements, and attorneys' fees. Dated: , 2000. KLINGELHUTZ DEVELOPMENT COMPANY By Its HT-174389v1 2 SH155-44 F'c CITY OF SHAKOPEE Memorandum 13.Y4. TO: Mayor& City Council Mark McNeill, City Administrator FROM: Layne Otteson,Engineering Tech. II SUBJECT: 1999 Sidewalk/Trail Improvements,Project No. 1999-4 DATE: January 18, 2000 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1999 Sidewalk/Trail Improvements, Project No. 1999-4. 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$117,057.50 and the actual final costs of$125,250.30 for this project. ACTION REQUESTED: Offer Resolution No. 5307, A Resolution Accepting Work on the 1999 Sidewalk and Trail Improvements,Project No. 1999-4 and move its adoption. #7 .„ Layne Otteson Engineering Tech. II LO/pmp MEM5307 RESOLUTION NO. 5307 A Resolution Accepting Work On The 1999 Sidewalk And Trail Improvements Project No. 1999-4 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 23, 1999, K. A. Witt Construction, Inc. has satisfactorily completed the 1999 Sidewalk and Trail Improvements,in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of$1,000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO. : 1999-4 DATE: January 11, 2000 PROJECT DESCRIPTION : 1999 Sidewalk & Trail Improvements CONTRACTOR: ;:(1:1): .AWitt Construction, Inc. P.O. 86 New Prague, MN 56071 ORIGINAL CONTRACT AMOUNT $ 117,057.50 QUANTITY CHANGE AMOUNT $ 6,932.00 CHANGE ORDER NO. 1 THRU NO. -- AMOUNT . , , $ 1,260.00 FINAL CONTRACT AMOUNT $ 125,250.30 LESS PREVIOUS PAYMENTS $ 124,250.30 FINAL PAYMENT $ 1,000.00 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. l (j‘/AVIIP- Professional Enler /S: C. CITY OF SHAKOPEE Memorandum To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: January 11, 2000 Subject: 1999-2000 Police Liaison and Educational Services Agreement Introduction: The Police Department is seeking approval of the 1999-2000 Police Liaison and Educational Services Agreement between Independent School District 720 and the City of Shakopee. Background: State Statute allows school districts to levy a one dollar and fifty cents ($1.50)tax for every resident of the school district for the purposes of funding drug education programs within the district. This levy is commonly referred to as the D.A.R.E. tax. Independent School District 720 elected to levy the D.A.R.E. tax a number of years ago. For the past three school years the District and Department have used the funds to subsidize many of the programs the Department conducts in the schools. D.A.R.E.(Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education And Training), Officer Friendly, Halloween Safety, and bike safety are examples of programs we plan to provide in the schools during the 1999-2000 school year. These programs coupled with numerous hours of liaison activity should have a direct positive impact on our youth and their relationship with the police. Council approved a similar agreement for the 1998-99 school year. In past years this agreement was presented for Council approval prior to the start of the school year. Staff chose to wait on the execution of the agreement pending the outcome of the School Resource Officer grant application process. We anticipated the need to change the agreement language as a result of duplicated services provided by the DARE Officer and the School Resource Officer positions. However, the time constraints associated with hiring and training a new officer would most probably rule out a School Resource Officer assignment being made before the start of the 2000-01 school year. Budget Impact: The agreement identifies $26,752 as the amount the School District determined as available to pay the City for services during the 1999-2000 school year. This is a$1,750 increase over the amount paid for the same services delivered in the 1998-99 school year. It is anticipated this amount will grow proportionately as the City and District population increase. The District is not requesting additional services from the Police Department for the term of this agreement. However, in the event a School Resource Officer grant is awarded to the City the terms of the agreement may require modification. Action Requested: If Council concurs, they should, pass a motion authorizing the appropriate City officials to enter into the Police Liaison and Educational Services Agreement between Independent School District 720 and the City of Shakopee for the 1999-2000 school year. �►��'ughes Chief of Police Police Liaison and Educational Services Agreement Independent School District 720 and the City of Shakopee This Agreement is made and entered into the day and year set forth below,by and between Independent School District No.720 "School District:")and the City of Shakopee(hereinafter"City"). The parties enter into this Agreement pursuant to Minnesota Statute 124.912,subd.6. For purposes of this agreement,the School District's participating elementary schools are,Pearson,Sweeney and SunPath- For purposes of this agreement,the School District's participating secondary schools are the Shakopee Junior High and the Shakopee Senior High. The parties hereto agree as follows: 1. The City agrees to provide a state certified police officer,certified as a D.A.R.E.instructor,to instruct the D.A.RE. (Drug Abuse Resistance Education)program in the School District's elementary schools. 2. The City agrees to provide a state certified police officer in each of the School District's elementary schools for the purposes of educational programming(i.e.: Officer Friendly, Halloween safety,bicycle safety). 3. The City agrees to provide a state certified police officer in the School District's secondary schools for educational programming(i.e: personal safety training,D.A.R.E.follow-up, G.RE.A.T.,guest lectures). 4. The City agrees to provide a state certified police officer in each of the School District's secondary schools for an average of 10 hours per week when school is in session for the purpose of police liaison activities designed to develop a cooperative approach between the City,School District,students,parents,and other community resources to address needs of students and the community. These police liaison services shall include,but not be limited to,prevention of delinquency,protection of life and property,and law enforcement. The City also agrees to have an officer available to the District's elementary schools on an"on call"basis. 5. The parties agree that the police officers assigned to provide educational and police liaison services in the schools are employees of the City and its Police Department. The officers shall operate under the administration and supervision of the police department,but will work in cooperation with school administrators to achieve mutually agreed goals for the police department,school and students. 6. The School District shall pay the City the amount of$26,752.for the services included in this Agreement. The payment shall be made upon receipt of an invoice from the City. 7. This Agreement is effective for the 1999-2000 school year. This Agreement dated this day of 2000. Board Chair,Anne Tuttle Mayor,Jon Brekke Superintendent,Robert Ostlund City Administrator,Mark McNeill Police Chief,Dan Hughes City Clerk,Judy Cox CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Architectural Services for new building in John P. Wermerskirchen Park Date: January 11, 2000 INTRODUCTION Staff is requesting Council's authorization to hire JEA Architects to prepare plans for a new park shelter building in John P. Wermerskirchen Park(aka Hiawatha Park). The existing shelter building is unsafe for public use and has been permanently closed. BACKGROUND The City is currently using JEA Architects to determine facility needs for police, public works and City Hall. JEA Architects is willing to offer their services to design a park shelter for John P. Wermerskirchen Park at 12% of the estimated project cost. JEA Architects designed park shelter buildings for cities such as Savage, Rosemont, Oakdale and Carver County. There is a budgeted amount of$150,000 in the 2000 Parks Capital Improvement Program(CIP) for a new facility in John P. Wermerskirchen Park. The costs for a new shelter facility could be higher, or less, than the budgeted amount depending what the City Council approves for a design plan. ALTERNATIVES 1. Direct the appropriate City officials to prepare an agreement with JEA Architects to design a new park shelter for John P. Wermerskirchen Park at 12% of the estimated project cost with funding to be allocated from the Park Reserve Fund. 2. Table this item for additional information from staff 3. Direct staff to send out Request For Qualifications (RFQ) for Architectural Services. 4. Do nothing. RECOMMENDATION Alternative#1. ACTION REQUESTED Move to direct the appropriate City officials to prepare an agreement with JEA Architects to provide architectural services for a new park shelter in John P. Wermerskirchen Park at 12% of the project costs with funding to be allocated from the Park R-:erv- Fund. eie -f91 /- ark cQuillan Parks and Recreation Director I • E E S 3TecT • - r Z stTE s Z i. T •C • •0110110110111 /� -i i%/%����/ iii +_4/4111111...1111,-' M.'�.". 111111140141215' 1 ar�"� +1 W' NI 4 `` 4 i' 1 1 '::14• .yA Al moo. h 11114, } REENW_ AVE. • l�_IN1VOOD DRJ i+ rJ►'� ..+w� Alp K Sr _ �-. lit i_;;,„„,..., l'IMOT•Y C lir jb,Al1.AN* iILLVE.4 - ,ik LiL* lfII1t ''') - ' 4.ilk cthetotar V".: ' ' ''' /,! P ;' , � 1fN. „ I i � t. \ ` .4,4 L--”- - I- _. a � � _( '� c. a,� / Stl[RL ( 1 I I < r[ CIL: i vE• ,- +.:' , Io s 3 I 9, R Z ht �., -... Juwi HIGH DAVIS ET. //' UfR �- rt'` / W + yet j \�Db RAIRI•,./' , S - L'. SIIPILV- j , �-�'� 'l it '� !t!♦ �.�� + I ''- � i ...ailt� \ ro r Dfi.r 1,� i _pH.,;,,,x r JALE 11F le_ _ ((�� (( �� .../....,mare,,,, � C1R y r / l ca f"etyma ' -4- IR. i�<, i Wim' r SACE iiiia jihipell M.11._. ,14,,M. t, -.— ---- ■ ■ ■ a �■ ■ � ■ � ■ ■ ■ ■ ■ ■ ■ ■ � I ■ ■ ■ ■ ■ ■ T 3!I<'S ■ gr■ ■ ■asseaSHaAK::::ii:12, ---S is im—r4isi,i, ■ ■ ■ ■ S _ f rh.HE'LE'1�" 11 III 111 / ,�f ::AULT . / ii 2 11w' -1I _-� • \ / / � A CIS CLQ� / 1E01 -)....,,,41? s aar�N7 .LP 4 ( I1"MI ur1 OP is J CITY OF SHAKOPEE Memorandum r TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: First March Meeting—Date Change DATE: January 10, 2000 INTRODUCTION: The Council is asked to consider a date in which to have the first regular City Council meeting in March. BACKGROUND: The first regular meeting of March would normally be Tuesday,March 7th. However, that is also the day of precinct caucuses, and,by State Law, Council will be prohibited from meeting after 6:00 p.m. on that day. RECOMMENDATION: We recommend designating the first meeting in March to be Tuesday, March 21St and holding an additional meeting on Tuesday,February 29th since there are five Tuesdays in February. A meeting on Monday, March 6th would be in conflict with a SPUC meeting normally scheduled for that time. Wednesday is a common night for church activities, and the first Thursday would conflict with the Planning Commission meeting. ACTION REQUIRED: If the Council concurs, it should, by motion, offer Resolution No. 5304, changing the March 7, 2000, Council meeting date to Tuesday, March 21st, and adding a third meeting in February, for 29 , and move its adoption. (The meetings would begin at �3' February P g 7:00 p.m.). aykdi Mark McNeill City Administrator MM:tw RESOLUTION NO. 5304 A RESOLUTION CHANGING THE MARCH 7,2000 COUNCIL MEETING DATE WHEREAS,the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council; and WHEREAS,the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the March 7, 2000 regularly scheduled City Council meeting be changed to March 21, 2000, at 7:00 p.m. FURTHER, that the February 15th City Council meeting be adjourned to February 29th at 7:00 p.m. Adopted in session of the City council of the City of Shakopee, Minnesota, held the day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk • Is. E. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Card Club Positions DATE: January 14, 2000 INTRODUCTION: The Council is asked to receive information from the Racing Commission in response to a question posed by Mayor Brekke at the January 10th Racing Commission public hearing. The Council is also asked to accept the Plan of Operation,with certain understandings, in preparation for the Racing Commission meeting consideration of rules for the Canterbury Card Club,which are scheduled to be considered at its meeting on Wednesday, January 19t. BACKGROUND: Attached is a copy of the letter which was read into the record by Mayor Brekke at the Racing Commission public hearing on January 10t. License Transfer: One issue which was not in the letter,but was presented verbally by the Mayor, questioned what process would be followed in the event that the current management, or Canterbury's holding corporation, should no longer be in the picture. In other words, if management or ownership of the facility changes, is the license to operate the Card Club automatically passed to the new parties, or is a relicensing procedure required,with the potential for background investigation and review by the Racing Commission and/or City? According to Dick Krueger,Executive Director of the Racing Commission,the Racing Commission will seek to amend the Class B license which has been issued to Canterbury, which currently provides for only horse racing at Canterbury. Assuming that that amendment is successful, when there is a new owner,the new owner would also have to apply for a Class B license. That currently requires a full review by the Racing Commission. The City or residents could provide input. In addition, if the new owner also seeks to operate a Card Club,the new owner would have to file a new plan of operation, similar to the one currently under consideration for Canterbury. •' .4 State law currently provides that any change in ownership in excess of 5%of the holdings of Canterbury requires the Racing Commission to review, and potentially approve,that transfer. Class B licenses are not transferable. Back Line Betting: It is the decision of the Racing Commission as to whether to allow for back line betting at the Card Club. In discussions with Mayor Brekke, we feel that while the City's preference would be that it not be allowed, if the Racing Commission is going to proceed, we would encourage it to be done on a trial basis,using the two table compromise as suggested by Canterbury President Randy Sampson, until such time as it is determined as to whether it is desirable to fully implement. Hours of Operation: Mayor Brekke and staff feel that the City's position is such that it could support 24 hour operation of the Card Club,but would request provisions for at least an annual review. RECOMMENDATION: We recommend that the City Council endorse the Canterbury Card Club proposal, with the acknowledgement of the discussion on license transfer, back line betting, and hours of operation. ACTION REQUIRED: If the Council concurs, it should, by motion, accept the Plan of Operation for the Canterbury Card Club, with the understanding that: a. Any transfer or new management would require Racing Commission review, with input by the City. b. Back line betting will be allowed, but on a trial basis with two tables initially. c. It will be a 24 hour operation,but will have annual review of those hours. LOT &LAW Mark McNeill City Administrator MM:tw CC: Cynthia Piper, Chair,MN Racing Commission Randy Sampson, Canterbury • r.' SHAKOPEE January 10, 2000 Ms. Cynthia Piper Chair, Minnesota Racing Commission P.O. Box 630 Shakopee,MN 55379 Dear Commissioner Piper and Members of the Commission: Thank you for the opportunity to present the City of Shakopee's issues regarding the establishment of the Card Club at Canterbury Park. Those of you who were in attendance at the City-sponsored meeting on January 3rd heard a good discussion on the establishment of the Card Club. We agree that it will be of benefit to the Minnesota Horse Racing Industry, and will also provide Canterbury Park with a good revenue stream. City staff, specifically the Police Department,has been pleased with the cooperative attitude shown by you as the Racing Commission, and Randy Sampson and his associates, in working to provide a safe and attractive facility here in Shakopee. The City of Shakopee does have five issues for which it would like to go on record as being of concern: 1. Back Line Betting—Because of the potential for conflicts between patrons, and a reduced ability to adequately monitor, the City' position is that there should be no back line betting. 2. Betting Limits—This relates to those games where"spot betting"is a part of the game. While the City has no specific concern on this relating to policing, we do question whether it was the intent of the Legislature to allow this type of betting, where$15 was specified as the maximum opening wager by any player in any card game, and that no single wager that increases the total amount staked in any card game,may exceed$30. The City's concern is that this may invite the betting limits issue to be revisited by the Legislature. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 3. Hours of Operation—Canterbury has proposed a 24-hour/7 day per week operation, depending upon market demands. Information that has been provided to the City indicates that some California cities are imposing a mandatory Card Club closing from 2:00 AM to 6:00 AM. The City supports a mandatory closing during those hours, as it would require those problem gamblers to go home, or at least go to another location. It may also be possible,that, depending upon traffic, a"round the clock"operation may pose a problem to nearby residential areas. If, however, the Commission chooses not to implement this, at a minimum, the issue should be brought back for annual review. Mr. Sampson has proposed to examine this issue as soon as three months after the Card Club opens, which we see as a positive move. 4. Age Limits—There is an inherent conflict between the age at which gambling is permitted by State law(18), and the age at which alcoholic beverages may be consumed(21). It is the City's responsibility to enforce alcohol laws within the City. The City's preference would be for the State to change the law to allow for gambling not to begin until age 21. However, in lieu of that, Canterbury should be aware that the City will continue to perform alcohol compliance checks. If there are violations,there will be the potential for penalties, including administrative fines, liquor license suspensions and/or revocations. 5. City Expense Reimbursement—There have been expenses incurred by the City relating to start up costs, and there will continue costs for services above and beyond those normally provided by the City, especially in the provision of public safety services such as Police. The City asks that an agreement be entered into prior to the opening of the Card Club, in which Canterbury agrees to reimburse the City in full for any Card Club- related start up, or ongoing expenses, incurred by the City. Again, the City appreciates the cooperation that has been demonstrated by the Racing Commission and Canterbury Park in seeking to establish rules that will be acceptable to all parties concerned. Canterbury has been, and will continue to be, a major player in the City of Shakopee. We want it to do well, and that it will provide for a positive recreational alternative for residents and visitors. Thank you for your consideration. Sincerely, Jon P. Brekke Mayor JB:tw .11111 SHAKOPEE January 10, 2000 Ms. Cynthia Piper Chair, Minnesota Racing Commission P.O. Box 630 Shakopee,MN 55379 Dear Commissioner Piper and Members of the Commission: Thank you for the opportunity to present the City of Shakopee's issues regarding the establishment of the Card Club at Canterbury Park. Those of you who were in attendance at the City-sponsored meeting on January 3`d heard a good discussion on the establishment of the Card Club. We agree that it will be of benefit to the Minnesota Horse Racing Industry, and will also provide Canterbury Park with a good revenue stream. City staff, specifically the Police Department,has been pleased with the cooperative attitude shown by you as the Racing Commission, and Randy Sampson and his associates, in working to provide a safe and attractive facility here in Shakopee. The City of Shakopee does have five issues for which it would like to go on record as being of concern: 1. Back Line Betting—Because of the potential for conflicts between patrons, and a reduced ability to adequately monitor,the City' position is that there should be no back line betting. 2. Betting Limits—This relates to those games where"spot betting"is a part of the game. While the City has no specific concern on this relating to policing, we do question whether it was the intent of the Legislature to allow this type of betting, where$15 was specified as the maximum opening wager by any player in any card game, and that no single wager that increases the total amount staked in any card game,may exceed$30. The City's concern is that this may invite the betting limits issue to be revisited by the Legislature. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 3. Hours of Operation—Canterbury has proposed a 24-hour/7 day per week operation, depending upon market demands. Information that has been provided to the City indicates that some California cities are imposing a mandatory Card Club closing from 2:00 AM to 6:00 AM. The City supports a mandatory closing during those hours, as it would require those problem gamblers to go home, or at least go to another location. It may also be possible,that, depending upon traffic, a"round the clock"operation may pose a problem to nearby residential areas. If,however,the Commission chooses not to implement this, at a minimum, the issue should be brought back for annual review. Mr. Sampson has proposed to examine this issue as soon as three months after the Card Club opens,which we see as a positive move. 4. Age Limits—There is an inherent conflict between the age at which gambling is permitted by State law(18), and the age at which alcoholic beverages may be consumed(21). It is the City's responsibility to enforce alcohol laws within the City. The City's preference would be for the State to change the law to allow for gambling not to begin until age 21. However, in lieu of that, Canterbury should be aware that the City will continue to perform alcohol compliance checks. If there are violations, there will be the potential for penalties, including administrative fines, liquor license suspensions and/or revocations. 5. City Expense Reimbursement—There have been expenses incurred by the City relating to start up costs, and there will continue costs for services above and beyond those normally provided by the City, especially in the provision of public safety services such as Police. The City asks that an agreement be entered into prior to the opening of the Card Club, in which Canterbury agrees to reimburse the City in full for any Card Club- related start up, or ongoing expenses, incurred by the City. Again, the City appreciates the cooperation that has been demonstrated by the Racing Commission and Canterbury Park in seeking to establish rules that will be acceptable to all parties concerned. Canterbury has been, and will continue to be, a major player in the City of Shakopee. We want it to do well, and that it will provide for a positive recreational alternative for residents and visitors. Thank you for your consideration. Sincerely, 9t3--". 24.(Jelt-IZ_ Jon P. Brekke Mayor JB:tw /5. x. 3 CITY OF SHAKOPEE Memorandum 4 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pay Equity Implementation Report DATE: January 12, 2000 INTRODUCTION: The Council is asked to adopt the Pay Equity Report for the City of Shakopee, and direct that it be forwarded to the State. BACKGROUND: Every three years, each jurisdiction in the State of Minnesota which is covered by pay equity must submit its implementation report to the Pay Equity Coordinator, Department of Employee Relations. The purpose of the report is to demonstrate that the City is in compliance with the State's pay equity law. The City of Shakopee is required to report its pay equity compliance for the calendar year ending December 31, 1999. Information regarding the City's pay plan was submitted to Labor Relations Associates,the City's consultant for labor and pay equity issues. Using the State's pay equity computer model,the City was found have an underpayment ratio of 94.2%. 80%is the minimum score necessary to be found in compliance. Similarly, a second score for the salary range test was found at 97.8%. It appears that the City is well within standards for compliance. If any City is found not to be in compliance, corrective actions would be needed, and that City would be fined $100 per day, and have its State Aid reduced until such time as it was brought into compliance. RECOMMENDATION: I recommend that the pay equity implementation report be adopted, and further direct to be submitted to the State. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the Pay Equity Implementation Report, and direct that the report be forwarded to the State Department of Employee Relations. Mark McNeill Neill City Administrator MM:tw CC: Marilyn Remer Pay Equity Implementation Report Send completed report to: Pay Equity Coordinator For Department Use Only Department of Employee Relations 200 Centennial Building Postmark Date of Report 658 Cedar Street St. Paul, MN 55155-1603 (651)296-2653 (Voice) Jurisdiction ID Number (651)297-2003(TDD) o` Name of Jurisdiction . o City of Shakopee a f l3 City ❑ County ❑ School ❑ Other: To Address City State Zip .. e 129 Holmes St. So. Shakopee MN 55379 tr Contact Person Phone IS n. Marilyn Remer ( 612 ) 496-9678 0 The job evaluation system used measured skill, effort, 0 No salary ranges/performance differences. responsibility and working conditions and the same system was used for all classes of employees. ❑ Check here if both of the following apply;otherwise, leave Check the system used: blank. ❑ State Job Match a. Jurisdiction does not have a salary range for any job class. ❑ Designed Own (specify) b. Upon request,jurisdiction will supply documentation showing that inequities between male and female o a Consultant's System (specify) classes are due to performance differences. W7. CDC FOCUS Note: Do not include any documentation regarding ✓ performance with this form. ;,: ❑ Other (specify) m 0 An official notice has been posted at 9 W 0 Health insurance benefits for male and female classes Shakopee City Hall .o of comparable value have been evaluated and: (prominent location) E informing employees that the Pay Equity Implementation p El There is no difference and female classes are not Report has been filed and is available to employees upon at a disadvantage. request. A copy of the notice has been sent to each exclusive m representative, if any,and also to the public library. The report ❑ There is a difference and the maximum salaries was approved by: a reported include the monthly amount paid by the City Council employer for health insurance. (governing body) O Information in this report is complete and accurate. Jon P. Brekke (chief elected official,print) 0 The report includes all classes of employees over which the jurisdiction has final budgetary approval (chief elected official,signature) authority. Mayor 1/18/00 (title) (date) Result from Salary Range Worksheet v t. I& . a H 97.80 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes. . «,,_ — Results from Exceptional Service Pay Worksheet C H O c ,_. .1... 64.1 «a 3 E El 20% or less of male classes receive ESP. a WZ• c: 0.00 % is the result of the percentage of female classes receiving ESP divided by the percentage Sci o- of male classes receiving ESP. ;ii73'a t° $ 3.939.691 is the annual payroll for the calendar year just ended December 31. a (Part F on Back) payegrpt.p65 r 12/20/99 Data Entry Listing Page 1 Male Female Work Min Mo. Max Mo. Years Nbr Yrs Exceptional Job Nbr Class Title Employees Employees Points Salary Salary to Max Service Service Pay 1 Receptionist 0 1 45 1,819.00 2,274.00 7.00 36 Building Maint. Worker 1 0 47 1,966.00 2,457.00 7.00 37 Facility Maint. Worker 1 0 47 1,966.00 2,457.00 7.00 38 Customer Service Rep. 0 1 48 1,966.00 2,457.00 7.00 . 39 Community Service Worker 0 1 48 1,966.00 2,457.00 7.00 40 Office Service Worker 0 2 51 2,105.00 2,632.00 7.00 41 Police Records Tech 0 3 55 2,245.00 2,806.00 7.00 5 Accounting Clerk 0 1 55 2,245.00 2,806.00 7.00 6 Secretary 0 5 58 2,401.00 3,001.00 7.00 7 Maintenance Worker 9 0 58 2,401.00 3,001.00 7.00 42 Planning Tech 0 1 60 2,401.00 3,001.00 7.00 8 Mechanic 2 0 61 2,556.00 3,195.00 7.00 43 Park/Street Lead 2 0 65 2,556.00 3,195.00 7.00 9 Engineering Tech II 2 0 65 2,556.00 3,195.00 7.00 44 Rec Supervisor I 0 1 65 2,556.00 3,195.00 7.00 10 Admin Secretary 0 1 67 2,556.00 3,195.00 7.00 11 Engineering Tech III 1 0 70 2,919.00 3,649.00 7.00 45 Planner I 1 0 70 2,919.00 3,649.00 7.00 13 Police Officer (Tier I) 12 2 72 2,869.00 3,825.00 3.00 Longevity 46 Police Officer (Tier II) 1 1 72 2,869.00 3,825.00 7.00 Performance 14 Payroll/Benefits Coord. 0 1 73 2,919.00 3,649.00 7.00 16 Engineering Tech IV 1 0 77 3,123.00 3,903.00 7.00 17 Police Investigator 1 1 78 3,049.00 4,005.00 7.00 Longevity 47 Rec Supervisor II 0 1 78 3,123.00 3,903.00 7.00 48 Fire Inspector 1 0 78 3,123.00 3,903.00 7.00 18 Building Inspector 3 0 78 3,123.00 3,903.00 7.00 19 City Clerk 0 1 80 3,326.00 4,158.00 7.00 49 Facility Manager 1 0 81 3,326.00 4,158.00 7.00 20 Planner II 0 1 81 3,326.00 4,158.00 7.00 21 Project Coordinator 1 0 84 3,326.00 4,158.00 7.00 22 Building Official 1 0 84 3,326.00 4,158.00 7.00 23 Public Works Supervisor 1 0 86 3,326.00 4,158.00 7.00 24 Police Sergeant 3 0 86 3,741.00 4,676.00 7.00 Longevity 25 EDA Corodinator 1 0 89 3,558.00 4,447.00 7.00 26 Asst. City Engineer 1 0 94 3,789.00 4,736.00 7.00 27 Park& Rec Director 1 0 100 4,311.00 5,389.00 . 7.00 29 Deputy Police Chief 1 0 100 4,050.00 5,202.00 7.00 30 Finance Director 1 0 113 4,611.00 5,763.00 7.00 31 Community Development Director 1 0 113 4,611.00 5,763.00 7.00 32 Police Chief 1 0 119 4,910.00 6,137.00 7.00 Performance 33 Public Works Director/City Eng 1 0 122 4,910.00 6,137.00 7.00 34 City Administrator 1 0 138 5,588.00 6,985.00 7.00 Version 3.0 (1993) LABOR RELATIONS ASSOCIATES, INC. 7501 Golden Valley Road Golden Valley, Minnesota 55427 612/546-1470 FAX:612/546-1552 December 20, 1999 Ms. Marilyn Remer Payroll/Benefits Coord. City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1328 Dear Ms. Remer: As you requested on December 14, 1999, I have completed a Pay Equity report for calendar year 1999. This report indicates the underpayment ratio, through the statistical analysis test, to be at 94.2%. In order to be found "in compliance", a City is required to have an underpayment ratio at or above 80%. Based on the underpayment ratio, the City of Shakopee would be found"in compliance" by the Department of Employee Relations. Please review the enclosed forms carefully and cross reference with your records to be sure the numbers are accurate. If there are any further changes in wage rates or employees prior to December 31, 1999, please contact us as we would need to run a new report based on the changed information. Sincerely, Sheri Manson Research Assistant Enclosures O W immismiwr (3) , CD ai O d. C3) - NT0 I O a) N"-- >,a) C13N CI � 0 0 '(I) L- O CO a_ -C 44 . >% ca o CL (f) •= - co Li- A. 110, 2 0 44 o >% ,�, o ca II =MIO 22 1 1 0 a. d- 00 CO d' N spuesnou1 " Jurisdiction: City of Shakopee Date: December 20, 1999 Contact: Mark McNeill Phone: 612 445-3650 COMPLIANCE REPORT The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your Pay Equity Report data. Parts II, III, and IV give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 26 14 2 42 # Employees 54 21 4 79 Avg. Max Monthly Pay per Employee 3 ,938.43 3, 044.76 3 , 699. 68 II. STATISTICAL ANALYSIS TEST A. UNDERPAYMENT RATIO = 94.2* Male Female Classes Classes a. # at or above Predicted Pay 12 6 b. # Below Predicted Pay 14 8 c. TOTAL 26 14 d. % Below Predicted Pay 53 .85 57. 14 (b divided by c = d) *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay. ) B. T-TEST RESULTS Degrees of Freedom(DF) = 73 Value of T = 1.566 a. Avg. diff. in pay from predicted pay for male jobs = $ 9 b. Avg. diff. in pay from predicted pay for female jobs = $ -38 III. SALARY RANGE TEST = 97.80% (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 6.85 B. Avg. # of years to max salary for female jobs = 7.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00% (Result is B divided by A) A. % of male classes receiving ESP 11.54* B. % of female classes receiving ESP 0. 00 * (If 20% or less, test result will be 0.00) Version 3 . 0 (1993) CITY OF SHAKOPEE 1 51. �, c Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 2000 Liaison/Related Appointments DATE: January 7, 2000 INTRODUCTION: The City Council is asked to assign liaison duties to its members for 2000. BACKGROUND: Past practice of the City Council has been that a member of the Council has served as a liaison to various boards and agencies. Mayor Brekke is recommending the following appointees for the new year: 1. Shakopee Public Utilities Commission - Sweeney 2. Murphy's Landing - Link 3. I.S.D. 720 -Amundson 4. Scott County Board of Commissioners - Sweeney 5. Shakopee Convention and Visitors Bureau - Amundson 6. Shakopee Chamber of Commerce Board of Directors - Morke 7. Association of Metropolitan Municipalities (and alternative) - Brekke (alternate McNeill) 8. Suburban Rate Authority (and alternate) - McNeill (alternate Snook) 9. Vision Shakopee! —Amundson 10. Shakopee Cable Access Corporation - Morke 11. Suburban Rate Authority—McNeill (Alternate Paul Snook) In the past, the Mayor has recommended specific appointments, and the Council has then endorsed the Mayor's recommendations and affirmed the actual appointments. Note that the appointment to the Shakopee Cable Access Advisory Corporation is as a full voting member, rather than as advisory or liaison. RECOMMENDATION: I recommend the 2000 liaisons be appointed as listed. ACTION REQUIRED: If the Council concurs, it should by motion, affirm the 2000 Liaison appointments for the City Council. Jon Brekke Mayor MM:tw VISION SHAKOPEE ! . 01010 January 10, 1999 Shakopee City Council 129 Holmes St. S. Shakopee, MN 55379 Dear Mayor Brekke and Councilpersons Amundson,Link, Sweeney, and Morke: Vision Shakopee's board of directors is requesting a representative from the Shakopee City Council to serve as a member of its board. A strong public-private partnership is an essential part of any downtown revitalization organization. This partnership not only ensures that each sector's unique resources are fully utilized in the revitalization effort,but also that common goals are established that meet the needs of both private and public interests. A city council representative on Vision Shakopee's board of directors would strengthen this partnership by establishing a direct link between these two bodies. This direct participation from the council will help Vision Shakopee continue to work toward goals that will have desirable impacts upon downtown and the entire community. Vision Shakopee's board of directors currently meets every 2°a and 4th Thursday from 8:30 a.m. to 10:00 a.m. at the Scott County Historical Society. Periodically the board changes the regular meeting time in order to accommodate board member's changing schedules. In its meetings, the Board of Directors manages organizational matters such as policy administration,finances, public relations, and overall program review and evaluation. Thank you for considering this request. We look forward to your decision. Sincerely, John Gu eter 4 lidA)1126=2- Acting President "Bridging the Past and Future of Our Historic Downtown" Post Office Box 6 Shakopee,Minnesota 55379 Phone:(612)496-9661 Fax:(612)445-6718 /S. E.S CITY OF SHAKOPEE Memorandum TO: City Council FROM: Jon Brekke, Mayor SUBJECT: Council Meeting Objectives and Procedures DATE: January 10, 2000 INTRODUCTION: The City Council should consider a list of objectives and procedures for City Council meetings for 2000. BACKGROUND: Having a well defined list of goals and procedures results in clear expectations for meeting participants, and ultimately more effective meetings. The attached objectives and procedures were first outlined when I took office in 1998. I believe, for the most part,that adherence to these resulted in better meetings. For 2000,I remind the Council of the following: 1. Liaison Reports - Liaison reports should only be for reports relating to other meetings that a Councilmember has attended. If a Councilmember has a constituent item, or another item to which staff should attend,the most efficient way of dealing with that is to contact staff prior to the meeting, and get it resolved. This year,we will be adding a section to our agenda, item 16, entitled "Council Concerns". This would be the time during which Council can bring up other miscellaneous issues for discussion. 2. Abstaining from Votes -If an issue appears to present a potential conflict of interest,while there is no legal obligation to do so,the affected Councilmember should remove themselves from the Council table for the discussion and vote on that issue. Note that it would not be necessary to remove himself or herself from the Council table if it is to abstain from voting on, for example, minutes for which they were not in attendance at that meeting. 3. Concerned Citizens—Out of fairness to others who are attending the City Council meeting for scheduled matters,we will adhere to the five minutes per person/subject for issues that come up under"Concerned Citizens". If someone has an item that will take more time than that, it will need to be either deferred to the next meeting, or to item 17 "Other Business"later on that agenda. However, we must not be in a situation where the entire evenings schedule is thrown off trying to address an issue which comes up unannounced from the floor. It is my hope that we will be able to continue to conduct productive meetings, which will provide enough time to discuss issues of merit, without being bogged down by minutia that tend to drag out meetings. As always, I will try to move meetings along quickly, while still allowing reasonable time for discussion. If you want me to slow down,please let me know at any point in the meeting. REQUESTED ACTION: 1. Endorse City Council meeting objectives and procedures as outlined in this memo and attachment; or, 2. Amend and endorse alternate City Council meeting objectives and procedures. Jon Brekke Mayor OBJECTIVES AND PROCEDURES: • Limit the "Liaison Reports" section of the agenda to just liaison reports. • Councilmembers should take time to read and be informed on all items in the Council packet prior to the meeting. Specific questions, or items requiring research should be directed to the City Administrator in advance of the meeting. • Include "Other Business"as a regular part of every agenda. • Include the "Mayor's Report" as a regular part of every agenda. • Allow any audience member or Councilmember to remove an item from the consent agenda. • Maintain general adherence to parliamentary procedure. • Enforce that only those having the floor as recognized by the chair shall speak. • Encourage both audience members and Councilmembers to address the chair. • Encourage that motions be descriptive of action sought; ie. not simply"move the requested action". • Make a strong effort to make motions only in the affirmative. • Allow any member to make modifications to a motion, if acceptable to the maker, but only prior to the start of discussion as signaled by the chair. After discussion has begun, a motion can only be altered by a successful motion to amend. • Disallow discussion on a motion until seconded. • Generally follow that the member who makes a motion will be given the first opportunity to speak in discussion. • Generally recognize any member who has not spoken on a question over one who has. • Discourage cumbersome, lengthy and numerous amendments to a motion. • Rule against explanation of vote by members during voting. • Declare a unanimous vote if a motion receives any votes on one side and none on the other. • Generally report by the chair the results of all votes indicating those members in the majority. • Make every effort to be protective of staff, Council and citizens from personal or unnecessary derogatory attacks.