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HomeMy WebLinkAbout02/20/1996 • NON-AGENDA INFORMATION FEBRUARY 20, 1996 1. Attached is a memo from Tom Steininger, Chief of Police, regarding Training Demonstration. 2. Attached is the Police Department Newsletter. 3. The City has received notification that the Minnesota Municipal Board has approved the ordinance annexing the cemetery property south of 10th Avenue. You may remember that there was this small piece of property and three 30' plus/minus strips that were never annexed but were surrounded by other lands that were annexed to the City of Shakopee. (This was a housekeeping action.) 4. The City has received a letter from the VFW requesting reimbursement of clean up costs incurred as.a result of a sewer back up. This has been sent to the City's insurance carrier,pursuant to City policy. (The VFW was advised that if they are not satisfied with the answer from the City's insurance carrier, they could take their request to City Council.) 5. Attached is a memo from Tom Steininger, Chief of Police, regarding Community Policing. 6. Attached are the Minutes of the Shakopee Public Utilities Commission from February 1, 1996. 7. Attached is the Building Activity Report for January 1996. 8. Attached are the Minutes of the Planning Commission from February 8, 1996. 9. Attached is the Revenue and Expenditure Report as of January 31, 1996. 10. Attached is a memo from Paul Bilotta, Community Development Director regarding Metropolitan Council Growth Scenarios. 11. Attached is a memo from Julie Baumann, Planner I, regarding Metropolitan Livable Communities Act Funds. 12. Attached is a copy of the Community Development Department Monthly Progress Report for January 1996. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Training Demonstration DATE: 02 15 96 INTRODUCTION: The Mayor and Councilmembers are invited to observe or participate in computerized firearms training. BACKGROUND: Every year, as part of required firearms training, officers are required to participate in a computerized "shoot - no shoot" training session known as F.A.T.S. During this training, officers are exposed to scenarios which test their judgement, reaction time and accuracy. A F.A.T. S. demonstration has been scheduled for the Mayor and Councilmembers on February 29th from 3 :20 p.m. until 3 :50 p.m. at the police department. Those in attendance may participate in the training if they desire. No special attire or equipment is needed. If no one chooses to participate, a demonstration will be conducted. *51. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger SUBJECT: Community Policing DATE: 02 15 96 INTRODUCTION: The following information about community policing is submitted as a non-agenda information item in response to questions which arose at the Council Meeting on 02 06 96. BACKGROUND: The police department has focused on developing close relationships with the community since 1990 or earlier. Any attempt to label this philosophy was resisted for reasons explained later herein until the Violent Crime Control and Law Enforcement Act was passed in 1994. This legislation made federal grant money available for small cities to hire police officers on the condition that such hiring resulted in community policing. Shakopee applied for and received one of these grants. Last July, Council received a draft copy of a strategic plan which identified critical issues which the department would focus on over the next five years. One of these issues is community policing. A copy is attached to this report. On 08 23 95, Council was requested to pass Resolution #4282 endorsing the adoption of a community policing philosophy by the Shakopee Police Department. A copy of the memo placed before Council at that time and the resulting resolution are attached to this report. At that time, three main points about community policing and four points about implementation of community policing were discussed before Council. * Community policing is an enormously popular concept. - The term is widely used without any regard for its substance. - While community policing can legitimately mean something different to each city. - In too many cases, public officials latch onto the label for the positive images it evokes but do not invest in the concept itself. - In community policing, the police become an integral part of the community culture and the community assists in defining future police priorities and allocating police resources. * Community policing has two core components: - Community Partnership > Community partnership means adopting a policing perspective that exceeds the standard law enforcement emphasis. > To develop community partnership < we must develop closer relationships with the community, < we must involve the community in the quest for better crime control and prevention, < we must pool our resources with those of the community to address the most urgent concerns of community members. > The entire police organization must be involved in enlisting the long term cooperation of the community in promoting safety and security. > Over time, this should cause trust to develop which will < enable police to assess the needs of the community and construct the close ties which will engender community support, < enable the police to gain greater access to valuable information from the community which can lead to the prevention or solution of crimes, < engender support for necessary crime control measures, < provide an opportunity for officers to establish a working relationship with the community. > To build this trust for an effective community, the police must treat people with respect and sensitivity. < Unnecessary use of force, arrogance, aloofness or rudeness at any level of the agency will dampen the willingness of community members to ally themselves with the police. > By getting the community involved, police will have more resources available for crime prevention activities instead of being forced into an after-the-fact response to crime. > Statistics on unreported crime suggest that in too many cases, police are not aware of existing problems. > Without strong ties to the community, the police may not have access to pertinent information from citizens that could help solve or deter crime. The other part of community policing is problem solving. > This is a broad term that implies more than simply eliminating and preventing crimes. > It is a process through which specific concerns of the community are identified and through which the most appropriate remedies to abate them are found. > A big part is identifying and addressing root causes of problems that lead to repeat calls for police service. * What Community Policing is not. - Community policing does not imply that the police are no longer in authority or that the primary duty of preserving law and order is subordinated. - Community policing expands police efforts to prevent and control crime. - It is more than a technique or program. > It is a philosophy that may require changing long held perceptions and attitudes about what police work consists of. - Community policing is not police officers walking beats or patrolling on bicycles. > These are techniques which may be evidence of a community policing philosophy. - Community policing requires methodically analyzing the police department and the community it serves. Four major points about implementing a community policing strategy were discussed. * The agency should communicate the concept of community policing to its own personnel and to the community including political leaders, business leaders and media. * Objectives of community policing: - To reduce crime and disorder by carefully examining the characteristics of problems in neighborhoods and applying appropriate problem solving remedies. - To make community concerns with crime and disorder become the target of efforts by the police and the community working together. - To actively solicit the concerns and suggestions of community groups, residents, leaders, and local government officials. - To increase effectiveness by attacking the root causes of incidents that consume patrol and investigative time. - To rely on officers expertise and creativity to solve problems and develop innovative solutions. - Closer involvement with the public insures police are addressing citizens' needs. - Every member of the department is expected to deliver customer driven performance. * It is essential that the police work closely with all facets of the community to identify concerns and to find the most effective solutions. - Community institutions are the first line of defense against disorder and crime. - Concerns and priorities will vary within communities of interest. - Getting to know the community better will provide officers with better sources of information about > criminal activity and perpetrators > needs of community members > expectations of police service. - Fear must be reduced if community members are to participate actively in policing. > People will not act if they feel that their actions will jeopardize their safety. > If fear can be reduced, community residents will be more inclined to take an active role in preserving safety and tranquility within their neighborhoods. * The police must encourage a spirit of cooperation that balances the collective interests of all citizens with the personal rights of individuals. The 1995 Annual Report, shared with Council earlier this month, described some of the community policing activity which took place in the City last year. TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Community Policing Resolution DATE: 08 23 95 INTRODUCTION: Council is requested to pass a resolution supporting the adoption of a community policing strategy by the Shakopee Police Department. BACKGROUND: Last month, Council received a draft copy of the Strategic Plan being developed by the Police Department. In this plan, six issues which will be the main focus of the department over the next five years are identified. Development of a strong police-community partnership and problem solving are included among them. Developing a partnership between the community and the police means adopting a policing perspective that exceeds the standard law enforcement emphasis. This perspective stresses developing positive relationships with the community. When combined with problem solving (i. e. the process through which specific concerns of the community are identified and through which the most appropriate remedies to abate them are found) , it has been labeled community policing. Community policing includes involving the community in the quest for better crime control and prevention, committing resources to address the most urgent concerns of the community and seeking long term cooperation from community members to promote public safety and security. In community policing, the police become an integral part of the community culture and the community assists in determining police priorities. Community policing does not imply that the police are no longer in authority or that the primary duty of preserving law and order is subordinated; it is an approach which makes it easier for citizens to bring problems which concern them to the attention of the police. Once informed of these concerns, the police work with community members to address them. At the same time, citizens are encouraged to assist in solving problems that are a concern to the police. By getting the community involved in this manner, the police will have more resources for crime prevention activities and should be able to move away from repeatedly being forced into after-the-fact responses to crime. Community policing is an evolutionary, rather than a revolutionary idea. Since the late '70's, it has cropped up as a police strategy under various names including team policing, problem oriented policing and community oriented policing. The common element in these endeavors was the attempt to enhance communication between police officers and members of the communities they served usually by encouraging officers to get out of their cars and spend time walking around neighborhoods. The popularity of community policing has led to widespread use of the term without regard for its substance. Although community policing can legitimately mean something different to different cities, in many cases, police officials adopt the label for the positive images it evokes but do not invest in the concept itself . Community policing is not a program or series of programs, it is a philosophy which recognizes that the police and the public share responsibility for public safety. For this reason, it can be molded into specific applications on a variety of scales. Some objectives of community policing are: 1. To unite the police and the community in problem solving by actively soliciting the concerns and suggestions of community groups, residents, leaders, and local government officials. 2 . To cause community concerns with crime and disorder to become the target of efforts by the police and the community working together. 3 . To reduce crime and disorder by carefully examining the characteristics of problems in neighborhoods and applying appropriate problem solving remedies. 4 . To increase police effectiveness by attacking the root causes of incidents that consume patrol and investigative time, by educating the community to what the police can and cannot do, by evaluating existing delivery of police services, by relying more heavily on the expertise and creativity of our officers and by moving problem solving to the lowest possible level in the community. 5 . To re-evaluate the role of the police officer in the community and explore new ways to protect and enhance the lives of people in the community. This will be especially important when the growth which is expected to take place in the City causes the demand for public services to grow faster than the income with which to pay for them. Implementation of community policing can be reasonably expected to yield the following results: 1. Community policing will provide an organized format within which communication and problem solving can take place. 2 . More effective crime prevention efforts should elevate the level of safety and security enjoyed by the community. 3 . Community policing will provide the public with better access to police managers and greater input in establishing the focus of the department. 4 . Enhanced communication about what the police do and how it is done will make the police more accountable to the public. 5 . Calls for service will increase as the police reach out to the community; then stabilize. Shakopee has already had an increase and probably won't see as sharp a rise as many communities. 6 . Continuous interaction with the community will diversify police response to problems. 7 . When citizens see the police as more responsive, other branches of city government may be expected to adopt similar philosophies. Implementation strategy: 1 . Have department meetings to discuss the concept. 2 . Train key people to serve as coordinators. 3 . Obtain a resolution from Council supporting adoption and implementation of a community policing philosophy. 4 . Have a mandatory department meeting to share and discuss the resolution and the future. 5 . Involve interested department personnel in development of a strategic plan. 6 . Identify outreach programs - i. e. Neighborhood Watch. 7 . Identify and train interested personnel in program development. 8 . Identify communities of interest. 9 . Initiate implementation. 10 . Establish evaluation criteria. 11 . Identify methods of maintenance. 12 . Identify and establish internal and external reward systems. 13 . Involve other city and county departments. ALTERNATIVES : 1. Adopt a resolution supporting community policing. 2 . Do not adopt a resolution supporting community policing. RECOMMENDATION: Alternative #1 . ACTION REQUESTED: Adopt Resolution #4282 supporting the adoption of a community policing philosophy by the Shakopee Police Department. • • • • RESOLUTION`NO. 4 2 8 2 _ ______------•• - - • A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING A COMMUNITY POLICING PHILOSOPHY. • WHEREAS, the City Council recognizes the interdependence of and shared responsibility between the police and the community; and WHEREAS, the Shakopee Police Department is dedicated to the maintenance and further development of a partnership with the community; and WHEREAS, community growth poses challenges to the maintenance and further development of this partnership; and WHEREAS, the importance of the partnership increases proportionately with community growth; and WHEREAS, the philosophy supporting community policing is consistent with the City Council' s expectations of the police department; and WHEREAS, community policing will enable the police department to better serve the citizens of Shakopee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: that the City Council hereby endorses the adoption of a community policing philosophy by the Shakopee Police Department . Passed in J-,Lp ) session of the City Council of the City of Shakcee, Minnesota, held this ,S g day of -, .-.P.,, , 1995 . , , Mayor of h¢ i- y of Shakopee Attest :.(��,�, _ 0. 4, ,A City Clerk 0 N Approved as to form • i City Attorney ,, • [31MEMO] STRATEGIC PLAN DRAFT COPY PREFACE This is the Shakopee Police Department's Strategic Plan. It includes statements of purpose, values, vision for the future, and critical issues that will be the department's focus over the next five years. This plan is not complete. A partial draft copy is being submitted for review and discussion for the following reasons: * The plan must reflect input from the members of the community, the City Council and other units of government. It would be inappropriate to solicit input from members of the community and in all probability develop support for the plan without seeking direction from Council first. * There are three ways to approach plans of action. - Implement with little planning. This approach often results in constant shifts in goals and actions which can be highly upsetting to the community and the department. - Plan then implement. Even a very detailed plan will not be able to predict obstacles that will arise. - Plan and implement simultaneously. Implementing some aspects of the plan while the planning process continues allows the department to get started in a reasonable amount of time, involves more personnel before enthusiasm for the plan cools off and permits ongoing planning to benefit from feedback. * Shakopee's plan should anticipate changes that will evolve as the city grows. For this reason, it should be open ended and subject to regular review and adjustment so available police resources are utilized as efficiently and effectively as possible. VISION The vision for the future of the police department includes: - Formally implementing community policing to develop a strong Police/Community partnership - Problem Solving - Valuing Employees - Managing resources effectively. Community policing is based on the following principles: * Preventing crime is as important as arresting criminals; * Preventing disorder is as important as preventing crime; * Reducing both crime and disorder requires that police work cooperatively with people in neighborhoods to > identify their concerns, > solicit their help, and > solve their problems. (James Wilson) MISSION: The Shakopee Police Department is dedicated to protecting, serving and working with the public to promote and maintain a safe, peaceful community. VALUES Our strategic plan is based on the values inherent in a democratic system. The Police Department views our primary clientele to be the citizens of Shakopee. In his "History of Police in England and Wales", T.A. Critchley writes, "From the start, the police was to be a homogeneous and democratic body, in tune with the people, belonging to the people and drawing its strength from the people. " In 1829, when England's Home Secretary, Sir Robert Peel founded the London Metropolitan Police, he wrote, "The police should at all times maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police are the only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interest of community welfare. " Constitutional values of our democracy - Citizens have the right to participate in the development of policies which directly affect their lives. - All citizens have the right to be treated with dignity and respect. - All people have the right to fair and equal treatment. Maintaining the trust of the public - Police Department employees are honest and open with all people - We encourage and nurture cooperation with the public - We believe all citizens have the right to responsive leadership from the police. Promoting excellence within our department - The Police Department promotes high standards in the field of law enforcement - We advocate the growth of our employees as law enforcement professionals - We take pride in our work and treat each other with respect - We are ethical and trustworthy. Goal Setting - Identify priorities - Establish goals - Adhere to goals - Evaluate outcomes. CORE FUNCTIONS Although a traditional set of core functions exists for the department, it seems most in keeping with the intent of this plan to identify and re-evaluate them in concert with the community. CRITICAL ISSUES Identify critical issues that will be the department's main focus over the next five years. Critical Issue #1 - Develop a strong police community partnership. Developing a partnership between the community and the police means adopting a policing perspective that exceeds the standard law enforcement emphasis. Community policing allows community members of bring problems of great concern to them to the attention of the police. Once informed of these concerns, the police must work with citizens to address them while at the same time encouraging citizens to assist in solving problems that are a concern to the police. * Strategy - Strengthen communication between the department and the community. > Involve community members in the communication process; > Seek out ways to strengthen communication; > Better communication will maintain and improve the public's trust in the department. Community policing is an evolutionary, rather than a revolutionary idea. Since the late '70's, it has cropped up as a police strategy under various names including team policing, problem oriented policing and community oriented policing. The common element in these endeavors was the attempt to enhance communication between police officers and members of the communities they served usually by encouraging officers to get out of their cars and spend time walking around neighborhoods. - Involve police officers and citizens in community policing: > Officers and citizens work together to solve problems related to crime, fear of crime, neighborhood deterioration and social disorder; > Citizens have input in setting police priorities and are involved in efforts to maintain or improve the quality of life in their neighborhoods; > Focus of police shifts to long term problem solving, building and maintaining partnership with citizens, and producing quality follow through while maintaining emphasis on fair, impartial enforcement of the law. - The police will take a leadership role as a problem solver and a referral link to services both inside and outside the department. - The police will work with the community, other city departments and components of the Criminal Justice System to find the best ways to address problems and determine who should be involved in the solutions. Community institutions are the first line of defense against disorder and crime. It is, therefore essential that the police work closely with all facets of the community to identify concerns and to find the most effective solutions. * Process - Resolution by Council supporting the implementation of a strategic plan for community policing. > Recognize the value of Community Policing. > Publicly support Community Policing. > Financial support for Community Policing. - Systematic identification of mandates > Federal - requirements for COPS FAST > State - requirements governing operation of police department > Other. - Continue to review and develop goals, strategies, training needs and performance standards for successful community policing in Shakopee. Crime control tactics need to be augmented with strategies that prevent crime, reduce the fear of crime and improve the quality of life in neighborhoods. Fear of crime is itself a significant problem. - Monitor community policing pilot projects and explore models appropriate for department wide application. - Encourage community members to be involved in expansion of community policing. Getting to the community better will also provide officers with more realistic assessments of the needs of community members and their expectations of police service. Better sources of information about criminal activity and perpetrators will also be byproducts of such relationships. - Expand ride-along opportunities for members of the community. - Continue public survey to measure citizen satisfaction with police service. - Incorporate community policing philosophy into curriculum for recruit classes and FTO Program. - Seek ways to enhance communication with the community. The police and the community must be collaborators in the quest to encourage and preserve peace and prosperity. Talking to local business owners to help identify their problems and concerns, visiting residents in their homes to offer advice on security, helping to organize and support neighborhood watch groups and community meetings, canvassing a neighborhood about a string of burglaries and revisiting neighbors to inform them when the burglar is caught are all part of the partnership. * Implementation Plan - City Council - Department meeting - Community meeting * Strategic Direction - Continue to expand community policing philosophy through internal initiatives and through increased involvement with the community and external agencies including other branches of city and county government. Critical Issue #2 - Valuing Employees * Strategy - As decisions regarding delivery of police services become more decentralized the importance of the role of each individual employee becomes more evident when they are called upon not only to work harder but also more creatively. Such efforts cannot be compelled. Voluntary, enthusiastic participation is necessary. - Employee satisfaction will be enhanced through renewed emphasis of individual recognition, professional enrichment and personal development. - Avenues of communication between all levels of the department, between the department and the community and the department and all other areas of city government will be improved so that: > Organization values and direction are understood; > Everyone has the opportunity for input into the appropriate decision making processes; and > Employees have timely access to information necessary for job performance and department functioning. - Goals for Critical Issue # 2: > Promote job satisfaction and further positive employee self-esteem. > Ensure employees a safe, productive work environment. > Recognize and reward employee performance which enhances the department's ability to accomplish its mission; and > Improve citizen satisfaction with police services. * Process - Review and revise the current award and recognition system to include all employees and provide consistency in recognizing employee contributions. - Continue to provide professional and personal development opportunities for all employees. - Continue to meet periodically with representative employee groups to improve communication and increase understanding of the department mission. - Continue review and revision of performance evaluation system to accurately reflect employee performance. * Implementation Plan * Strategic Direction - Continue to monitor and explore employee concerns and participate in developing solutions. - Continue to improve internal and external communication. - Continue to explore and expand professional and personal development opportunities for all employees. Critical Issue #3 - Problem Solving Problem solving is the process through which the specific concerns of the community are identified and through which the most appropriate remedies to abate them are found. * Strategy - Reduce crime and disorder in small geographic areas by carefully studying the characteristics of the problems in the area and then applying the appropriate resources. Critical Issue #4 - Managing Resources Effectively. * Strategy - Study alternative responses to calls for service to see if community residents will accept responses other than the immediate presence of the police on the scene if they were well informed about the types of alternnatives used. - Increased emphasis on technology in all areas of law enforcement, especially in the area maintaining ready access to information > Utilize advanced technology to maintain and improve efficiency of department employees to maximize impact of funding; > Review and continue to use effective strategies for staff and resource allocation; > Continue to review and utilize most effective law enforcement strategies and techniques to enhance patrol and investigative capabilities - To identify technological innovations, employees identify equipment needs to administrators who confer with appropriate external and internal advisors and submit recommendations to the Chief for review. * Process * Implementation Plan * Strategic Direction Critical Issue #5 —Drug Problem * Strate ARAR IpAdOMmunity awareness of the link between drugs and violent crime - Continue to dedicate resources and personnel to drug enforcement - Continue Drug Abuse Resistance Education (D.A.R.E. ) * Process - Remain active in Southwest Metro Drug Task Force - Work with the community to gain assistance in addressing the drug problem - The department wull continue to target street level dealers000. * Implementation Plan * Strategic Direction Critical Issue #6 - Increased Population In 1990, fewer than 12, 000 people lived in Shakopee. By the year 2000, this number is expected to be 16,800 and by 2010 it should pass 22, 000. * Strategy - The police department must meet the 21st Century with the ability to ensure basic safety to the community. This challenge lies in three strategic areas: structural change, service philosophy and control of funds. Unless structure follows strategy, inefficiency results. -Diversify of the police department to more closely reflect the population of the community. * Process * Implementation Plan * Strategic Direction 140r4C, MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session on February 1 , 1996 in the Utilities meeting room. MEMBERS PRESENT: Commissioners O'Toole and Unseth. Also present Manager Van Hout . Commissioner Vierling had previously advised she would be absent . Meeting called to order at 4: 50 PM by President O'Toole . Motion by Unseth, seconded by O'Toole that the minutes of the January 22, 1996 adjourned regular meeting be approved as kept . Motion carried. The staffing of the Water Department was discussed . Motion by O'Toole, seconded by Unseth that the meeting be adjourned to the next regular meeting which had been previously set for February 5, 1996 . Motion carried. Attest : L is Van Hout , Utilities Manager ' )444/1/A Barbara Menden, ommission Secretary K ,,, 4°/ CITY OP SHAKOPEE BUILDING ACTIVITY REPORT - JANUARY 1996 January 1996 January 1995 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 12 12 1,186,027 3 3 263,993 Single Family-Septic 2 2 319,401 - - - Multiple Dwellings 4 4 501,780 1 1 525,108 (# Units) (YTD Units) (8) (8) - (8) (8) - Dwelling Additions 1 1 1,610 - - - Other - - - - - - New Comm. Bldgs - - - 1 1 90,000 Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - I Accessory/Garages 2 2 40,876 - - - Fences - - - 1 1 5,250 Fireplaces/Wood Stoves - - - - - - Grading/Foundation 1 1 60,000 - - - Moving - - - - - - Razing - - - - Remodeling (Res. ) 3 3 24,000 2 2 11,994 Remodeling (Comm/Ind. ) 4 4 111,200 4 4 100,200 TOTAL 29 29 2,244,894 12 12 996,545 No. YTD. No. YTD. Electrical 51 51 35 35 Plumbing & Heating 58 58 23 23 Total dwelling units in City after completion of all construction permitted to date 5,478 CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1996 11610 CIR Homes 494-498 Appleblossom Lane Twinhome 125,445 L 14 B 1, Orchard Park 1st 11611 Novak Fleck 316 Bluestem Avenue House 77,048 L 3 B 1, Meadows West 1st 11612 Novak Fleck 205 Bluestem Avenue House 99,275 L 4 B 2, Meadows West 1st 11613 Sunset Homes 1667 Greenway Avenue House 92,326 L 10 B 3, Prairie Bend 1st 11614 Arbuckle Construction 5010 Valley Ind. Blvd. South Remodel 65,000 11615 Novak Fleck 155 Bluestem Avenue House 80,454 L 6 B 2, Meadows West 1st 11616 Keyland Homes 1766 Parkway Avenue House 97,243 L 23 B 3, Prairie Bend 1st 11617 Amcon Corp. 749 County Road 83 Remodel 7,200 11618 Valleyfair One Valleyfair Drive Foundation 60,000 11619 CIR Homes 1514-1518 Applegate Lane Twinhome 125,445 L 11 B 1 Orchard Park 1st 11620 Laurent Builders 1414 Applegate Lane House 85,000 L 7 B 1, Orchard Park 1st 11621 Seasonal Builders Inc. 1656 Mark Court House 103,301 L 5 B 2, Weinandt Acres 2nd 11622 Starlight Homes 1417 Homestead Street House 91,125 L 1 B 1, Homestead Ridge 2nd 11623 Novak Fleck 146 Foxglove Lane House 95,015 L 16 B 2, Meadows West 1st 11624 Novak Fleck 335 Bluestem Avenue House 85,996 L 3 B 3, Meadows West 1st 11625 Christians, Inc. 1100 Pierce Street Repair 11,500 11626 Novak Fleck 174 Bluestem Avenue , House 88,744 L 16 B 1, Meadows West 1st 11627 Sturdy Const. 1222 Clover Court Remodel 2,500 11628 Steven Stranger 222 East 1st Avenue Remodel 25,000 6 + 11629 James Stocker 831 Bluff Avenue Deck 1,610 11630 Ronald Paschke 8786 Boiling Springs Lane Garage Addn. 25,900 11631 Ken Ball 1513 C. R. 18 Paint Booth 14,000 11632 CIR Homes, Inc. 491-497 Appleblossom Lane Twinhome 125,445 L 6 B 4, Orchard Park 1st 11633 CIR Homes, Inc. 461-467 Appleblossom Lane Twinhome 125,445 L 7 B 4, Orchard Park 1st 11634 James Stocker 831 Bluff Avenue Garage 14,976 11635 Monnens Custom Bldrs. 1280 Monroe Street House 150,796 L 6 B 1, South Parkview 2nd 11636 McDevitt Homes 736 Barrington Drive House 216,100 L 5 B 5, Beckrich Park Estates 11637 Deutsch Construction 1656 Parkway Avenue House 143,005 L 17 B 3, Prairie Bend 1st 11638 Gerald Ryan 1121 Naumkeag Street Remodel 10,000 TOTAL: $2,244,894 *81 OFFICIAL PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota February 8, 1996 MEMBERS PRESENT: Mars,Joos,Madigan,Bladow,Link MEMBERS ABSENT: Christensen STAFF PRESENT: Paul Bilotta, Community Development Director Julie Baumann,Planner I Nicole Bennett,Planner I David Nummer, Staff Engineer Clare Linlc,Recording Secretary 1. ROLL CALL Chairman Joos called the meeting to order at 7:55 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The Agenda was approved with the addition of Item 12C:Liquor License and CDC Update. 3. RECOGNITION OF INTERESTED CITIZENS Chairman Joos recognized anyone in the audience wishing to speak on an item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA Items on the Consent Agenda include: Item#5: Approval of the January 4, 1996,Meeting Nfinutes. Item#8: Final Plat: To Consider the Final Plat of Market Place 2nd, located at 5th Avenue and Market Street(Tabled at January 4, 1996, meeting). Item#9: Final Plat: To Consider the Final Plat of Horizon Heights 5th Addition, located south of Riverview Estates, east of Horizon Heights 1st Addition,north and west of Shakopee City limits. Item#10: Vacation: To consider the vacation of a drainage and utility easement measuring 10 feet in width and approximately 95 feet in length,Lot 3,Block 1,Meadows 7th Addition. Item#11: Vacation: To consider the vacation of a drainage and utility easement measuring approximately 32 feet in width and 142 feet in length, located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10,Block 3, Original Shakopee plat. Motion: Commissioners Mars/Link moved to accept the letters from the applicants, placed on the table, requesting that Item Nos. 8 and 9 be tabled to the March 7, 1996, meeting. Vote: Motion carried unanimously. Motion: Commissioners Mars/Bladow moved to approve the Consent Agenda items as noted above. Vote: Motion carried unanimously. 5. *APPROVAL OF JANUARY 4, 1996,MEETING MINUTES The minutes were approved as submitted on the Consent Agenda. 6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF WESTWIND 1ST ADDITION, LOCATED WEST OF FULLER STREET AND ACROSS FROM THE CIVIC CENTER Ms. Baumann stated that revised conditions of approval have been placed on the table. The applicant has met all considerations for approval of the preliminary plat and staff is recommending approval subject to the conditions on the table. Jeff Monnens, applicant stated that all recommendations have been met as suggested at the last Planning Commission meeting. He noted that the additional lot has been purchased, and that another lot will be added to the plat. Ms. Baumann stated staff will have to review the additional lot to make sure it meets lot requirements. Motion: Commissioners Bladow/Link moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Bladow/Link moved to offer a motion to recommend to the City Council the approval of the Preliminary Plat for Westwind 1st Addition, subject to the following conditions, and move its approval: 1. The applicant shall submit a revised preliminary plat drawing prior to approval by the City Council which reflects the following design changes: a) The Preliminary Plat shall include a right-of-way dedication adjacent to the south side of Lot 1,Block 1. b) The Preliminary Plat shall include all lots with a 60 foot width at the front yard setback line. c) Prior to Preliminary Plat approval by the City Council, the developer shall submit a wetlands delineation showing the presence of any wetlands in the area to be platted. 2. The following procedural actions must be completed prior to the recording of the final plat: a) Approval of title by the City Attorney. b) Execution of a Developers Agreement for construction of required public improvements: i) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. ii) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. iv) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. v) Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole(4 x$260=$1,040.00). vi) The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of issuance of the building permit for the principal structure for each lot. The Park Dedication requirement for the existing structures(Lots 1 and 11, Block 1) shall be paid at the time of the recording of the Final Plat. vii) The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. viii) The developer shall construct an eight (8) foot wide bituminous trail within a 16 foot wide trail easement to provide access from Monnens Avenue, south to the trail along the southern boundary of the plat. Vote: Motion carried unanimously. 7. PUBLIC BEARING: TO CONSIDER A ZONING MAP AMENDMENT TO REZONE LAND LOCATED DIRECTLY WEST OF COUNTY ROAD 17 AND ADJACENT TO THE SOUTHERLY BOUNDARY OF THE BYPASS FROM AGRICULTURAL PRESERVATION(AG)TO HIGHWAY BUSINESS(B-1). Ms.Baumann stated the applicant is requesting that the City amend the Official Zoning Map to rezone a 21 acre site currently zoned as Agricultural Preservation (AG) to Highway Business (B-1). Seventeen acres of the site are within the current MUSA boundary. The draft 1995 Comprehensive Plan designates the entire site as commercial. The proposed 2000 MUSA boundary does include the entire subject site. However, the draft 1995 Comprehensive Plan states that undeveloped areas outside of the MUSA line will not be rezoned to allow commercial, industrial, or urban residential uses. Staff recommends approval of the area within the current MUSA boundary. Mr.Bilotta explained that the collector roadway has been shifted further south. Because of the policy in the draft 1995 Comprehensive Plan, staff is recommending the area within the current MUSA boundary be rezoned, but the Planning Commission and City Council have the ability to rezone the entire subject site for commercial uses. Dave Polacek, applicant explained in detail how the property is located in relation to other surrounding property. He noted ownership of the surrounding properties. Commissioner Mars asked how access to the property would be envisioned from the bypass to Marschall Road. Mr. Polacek explained where the access points off of Marschall Road would be allowed by Scott County. Commissioner Mars asked if an access easement would be required from adjoining property owners. Mr. Polacek replied access will be delineated on the southerly boundary of the property. There currently is an access to the site for farming purposes. The property owners have been assured that access will be available in the future. Commissioner Joos asked if an approval of rezoning for the 17 acres could be conditioned on the approval of a MUSA extension. Mr. Bilotta stated that conditional rezonings are illegal. He noted that the property owners would be able to use the area currently outside of the MUSA boundary for uses such as parking. Mr. Nummer stated the area outside of the current MUSA boundary can still have driveways through it, and the applicant could petition for public improvements. Commissioner Bladow asked for input from adjoining property owners. Eldon Greenwood, 1674 Marschall Road,stated he would like to see the MUSA line extended. He has no objection to the rezoning request, considering that the whole area is slated for commercial development. Mr. Polacek stated he is agreeable to the rezoning approval of the property currently within the MUSA boundary. He understood that the area outside of the MUSA boundary would be included in the MUSA area in the near future, and would prefer that the entire area be rezoned now to avoid having to go through the rezoning process a second time. Dave Brown, 1227 Pioneer Lane, stated he is in favor of the rezoning. He believes it is imperative that the public know what is going on with the MUSA expansion. Mr. Bilotta suggested that this can be added to the agenda under"Other Business". Motion: Commissioners Mars/Bladow moved to close the public hearing. Vote: Motion carried unanimously. Commissioner Mars asked why the Commission is looking ahead on this rezoning prior to the entire site being served by municipal services. He was concerned about going against the policies of the draft Comprehensive Plan. Mr. Bilotta stated that the decision comes down to an interpretation of the policy. Commissioner Joos asked if any precedents would be set if this request is approved. Mr. Bilotta replied it would depend on how the draft Comprehensive Plan policy is interpreted. He also stated that a request for MUSA expansion that would service the entire subject site has been submitted to the Metropolitan Council and is awaiting final approval. Motion: Commissioners Bladow/Link offered a motion to recommend to the City Council the approval of the request to rezone the complete subject property from Agricultural Preservation(AG)to Highway Business(B-1), including the portion outside the existing MUSA boundary but within the proposed MUSA boundary, and move its approval. Vote: Motion carried(4-1); Voting for: Joos, Madigan, Bladow, and Link. Voting against: Mars. 8. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MARKET PLACE 2ND. LOCATED AT 5TH AVENUE AND MARKET STREET(TABLED AT JANUARY 4, 1996 MEETING). This item was tabled, at the applicants request, to the March 7, 1996, meeting as part of the Consent Agenda. 9. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF HORIZON HEIGHTS 5TH ADDITION, LOCATED SOUTH OF RIVERVIEW ESTATES, EAST OF HORIZON HEIGHTS 1ST ADDITION,NORTH AND WEST OF SHAKOPEE CITY LIMITS. This item was tabled, at the applicants request, to the March 7, 1996, meeting as part of the Consent Agenda. 10. *VACATION: TO CONSIDER THE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT MEASURING 10 FEET IN WIDTH AND APPROXIMATELY 95 FEET IN LENGTH - LOT 3, BLOCK 1, MEADOWS 7TH ADDITION. This item was approved as part of the Consent Agenda. 11. *VACATION: TO CONSIDER THE VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENT MEASURING 32 FEET IN WIDTH AND 142 FEET IN LENGTH, LOCATED WITHIN THE VACATED RIGHT-OF-WAY FOR PIERCE STREET BETWEEN 3RD AVENUE AND 4TH AVENUE, DIRECTLY WEST OF LOT 10,BLOCK 43,ORIGINAL SHAKOPEE PLAT. This item was approved as part of the Consent Agenda. 12. OTHER BUSINESS A. Nursery Information As requested,information was provided to the Commission regarding Haala Nursery in Chanhassen. Commissioner Christensen arrived at 8:30 p.m. B. Planning Commission Elections Ms. Baumann stated the Handbook for the Board of Adjustment and Appeals and Planning Commission has a policy statement that reads, "The Commission at its first regular meeting in February of each year shall elect a Chairperson and Vice Chairperson." She explained the City has changed its policy for accepting applications for Board and Commission appointments which would necessitate the need to change the Handbook statement. Commissioner Mars discussed his concern about the change. He felt that most of the terms for current members end in January, and there would be a gap between term expirations and the appointment of new members. Mr. Bilotta stated this would be communicated to the City Clerk. Motion: Commissioners Mars/Link moved to offer and pass a motion to revise the Handbook for the Board of Adjustment and Appeals and the Planning Commission to read: "The Commission/Board at its first regular meeting in March shall elect a Chairperson and Vice Chairperson". Vote: Motion carried unanimously. Motion: Commissioners Mars/Bladow moved to recommend to the City Clerk that the appointment of commissioners be changed to more closely correspond with the term expirations in order to avoid any gaps between old and new appointments. Vote: Motion carried unanimously. C. Liquor Licenses/CDC Mr. Bilotta stated that the Community Development Commission (CDC) has been looking at opportunities along the bypass area and the potential of losing downtown businesses through competition. The CDC suggested limiting liquor licenses to the downtown and major recreation areas as a possible solution to this problem. Commissioner Mars stated he is in favor of doing anything to help the downtown area. Commissioner Joos agreed that keeping the downtown businesses viable is important. Commissioner Link urged caution at being too restrictive in cases where the City could lose development opportunities. D. Metropolitan Council Update Mr. Bilotta provided a background on the City's request to expand the MUSA and to secure Comprehensive Plan approval from the Metropolitan Council since 1988. He identified the areas proposed for MUSA expansion. He discussed the issues involved with the approval process. Future meetings are planned with the Metropolitan Council. Commissioner Joos thanked Commissioner Christensen for her commitment to the Board and Planning Commission. Commissioner Christensen stated she has enjoyed the experience and thanked staff and the Planning Commission for a job well done. 13. 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W I t/> N N I t W II co II CI) W I t/> ah H >C II InII W I CO W It V> II W II I 1 1 1 II . 1 II I II U Kt en 1:4 C4 W W ra, x ul H w � o x Ix 0 H H H X H 0 U 0 Z H H N a 4 0 C) H O w a a 0 U 0 0 H H Ft as 0 wU) E+ H H H J Cl) 0 Z H E,, C4 Z H W x U w a w a U Cl) a u a El Z w co 41 Q H W W Cl z U W El H O w E-, u 0 l) Ul a) N a) O co W P-3 0 w to cl• to V• to 0 G. 1. 1 MONTH END CITY OF SHAKOPEE,MINNESOTA Average Yield= 5.83 percent INVESTMENTS Average Maturity= 3.0 years 2/1/96 Printed 13-Feb-96 1996 2/1/96 1/31/96 PAR INV Purchase Maturity Yield Carrvinci Basis Accreted Basis Market VALUE COUPON, FHLMC 06/14/93 09/15/02 6.05 1,596,698.07 1,596,003.24 1,623,360.20 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,792,975.58 1,803,373.00 1,825,775.00 2,500,000.00 NA FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 1,014,690.00 1,000,000.00 6.30 USTR 02/17/93 08/15/00 6.15 1,356,378.39 1,363,413.75 1,384,991.04 1,752,000.00 NA FHLM 08/11/95 02/23/99 5.50 492,338.91 481,290.94 499,855.00 500,000.00 4.95 FICO 11/30/92 02/03/99 6.50 961,406.24 966,422.03 971,750.00 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,260,694.18 1,266,113.24 1,251,973.50 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 240,441.14 241,471.83 239,628.72 276,000.00 NA, FNMA 09/29/93 09/28/98 4.92 1,450,000.00 1,450,000.00 1,440,836.00 1,450,000.00 4.92 FHLM 07/07/93 07/07/98 4.80 600,000.00 600,000.00 600,114.00 600,000.00 4.8 TVA 09/15/95 05/15/97 6.40 475,239.82 477,780.51 483,872.85 517,500.00 NA TVA 06/05/95 11/15/97 5.52 1,953,262.03 1,962,344.74 1,876,733.50 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 1,024,462.50 1,029,732.63 1,046,125.94 1,139,000.00 NA, USTN 06/02/95 07/31/97 5.97 995,696.68 978,350.31 1,008,280.00 1,000,000.00 5.5 UST 12/29/95 09/30/96 5.25 1,008,996.83 993,783.82 1,009,530.00 1,000,000.00 6.5. CP 10/26/95 03/20/96 5.87 1,481,003.22 1,488,309.67 1,465,568.33 1,500,000.00 NA' 4-M 01/01/00 41,955.58 41,955.58 41,955.58 41,955.58 None Norwest 01/01/00 2,072,220.41 2,072,220.41 2,072,220.41 2,072,220.41 None Total 19,803,769.58 19,812,565.71 19,857,260.07 21,648,720.99 , 1 .4V)0 MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Community Development Director DATE: February 12, 1996 RE: Metropolitan Council Growth Scenarios NON-AGENDA INFORMATION The attached flyer from the Metropolitan Council briefly outlines a coming discussion that could have a profound impact on the City of Shakopee and other growing communities. If the"Concentrated Development" option is chosen, the City might not see a MUSA expansion until after the year 2020. This would create a number of difficulties for the City, including, not providing the growth necessary for funding the Chaska Interceptor payments to the Metropolitan Council. In addition, when the City did receive permission to use the Chaska Interceptor, the life of the pipe would be approximately half over, greatly reducing its usefulness. Staff would recommend that the City Council continue to monitor these activities at both the regional and state levels. 444 Metropolitan Council '7� Working for the Region.Planning for the Ferre Mears Park Centre FIRST-CLASS MAIL t ' 230 East Fifth Street U.S.POSTAGE St. Paul. Minnesota 55101-1634 PAID ir St.Paul,MN Permit No.7029 r t 1e PAUL BILLOTA X 23568 PLANNER ME1559B CITY OF SHAKOPEE 129 HOLMES ST S SHAKOPEE MN 55379-1351 f) � (k,1 1;\4��I_ ILS -EB 81996 REGIONAL BLUEPRINT Recycled paper:Contains at least 20%post-consumer waste:soy-based ink. a HOW SHOULD THE and land use as well as stormwater facilities for the REGION GROW? regional services and largest area. The estimated infrastructure. cost will grow when This issue of Update transportation costs,now being summarizes Metropolitan In addition, the Council is calculated, are added to it. Council activities during the continuing to develop research last three months to identify information useful in assessing The " Concentrated three growth options for the the options. _ Development"option increases Twin Cities Area." the density of jobs and housing One of the three options might in the built-up part of the A Council report,mandated by emerge as the clear winner. It region. The Metropolitan the Minnesota Legislature in is also likely a new option will Urban Services Area(MUSA), 1995, will be the basis for emerge from public discussion, the area with central sewer and discussion with legislators, the one drawn from the most water, would not be expanded Council's partners in local desirable characteristics of the beyond what's currently government,and organizations options. planned for growth. As a and citizens during the next result, there would be three months. The Council intends to select economies in providing sewers an option in mid-1996. It will and transportation. It would .o,,,,;,.P 175 to 1R5 square •sluatuerano2 leool glim uoxl5ilnsuoo m apex's aq !pm uoileuSisap lentos `.aA!l lsnllt sx ao!leusrsap s.raluao glmoro :aloes ,, saPo1Q OUT .CMA'‘s.10puso3 iM7 6 alp.. staluaD asfl Pa .Y1i ma xt - H V..L0 i ci ..LOOS sialatpi a3 asn paxpagtsaalui 0 a ®.. s.alua3 allow 0 .-3a.; 0 g i!._AN _ _ Growth Options Urban Area Current Trend . Existing MUSA !S_ ■ MUSA Expansion ■IR� T.:. 1 Pre-2020 Urban Expansion: (exact area to be determined in local plans) � y , ` 4,41410114041r. [1411111 z,,,,,VIlielril Plin Post-2020 Urban Reserve forIv y . Future Urbanization .� A ,rlififii;14,ttgera, Rural AreaAiliwk .,.. __ k,„,0 IF' 0 General Rural Use (mix of farm, miwr-OTT k 9 0 IOC . rural estate and rural residential) s Mk Q Farm/Long-Term Agriculture • ,;V� 1 )pail �11 '` � Rural Center • _ � r ..,Lpw, +zevi 'ir. '9A-n----- ,,,,,,r, illil;iili,,,,,":!".•:•••E.Ltiosm.• 40 WW416,...iKR mreraitzb ,... - ®� , TA Concentrated Development �7- O da.1121 Elirms ..• . : ... 'Th L-.44"6.4 . .. nip .. _ 1%ON 1111jammillit6r -.-,„. ® rIESIM riffel Fair _ �. _ W _I! , A IMMOg Mil u �,.` Z St.Paul �- �kn, ?moi T]441- AM% -TP .. ..c, .....:Tw 6 M .,,41.ik-_ 9 Whi', air I _,_ , : !!!!!!""":" .''' ' 141N IW. — - r. Growth Centers 69Mmoirdhammg i'-' ' --'''''---- VIA e alI = 1 A AN1)KA ANNUM ll Fa OM _. ._. ,, rlog 'lir, - , .,a1.1• mri" _ C ii qm 111_44 W- ting Mlnnea lis t, a • S`tyPaaul S , q. ri"'' sm."' .'. I; -tom . 'IL Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I Date: February 20, 1996 AY' Re: Metropolitan Livable Co unities Act Funds NON-AGENDA INFORMATION Introduction The Metropolitan Council, as a part of the Livable Communities Act, has established several programs that communities may want to participate in. These programs include: • Tax Base Revitalization Account; • Livable Communities Demonstration Account; and • Local Housing Incentives Account. Discussion The Tax Base Revitalization Account provides funding to eligible communities to clean up contaminated land for commercial/industrial re-development in order to make it available for economic redevelopment,job growth and retention. Please find attached as Exhibit A more specific information and the funding timelines for this project. The purpose of the Livable Communities Demonstration Program is to provide incentives for and test the market feasibility of livable, compact and efficient development. Additional information on this project and its funding timelines have been attached as Exhibit B. The Local Housing Incentives Account is designed to provide money for affordable and lifecycle housing. This program separates criteria for home ownership projects and for multi-family projects. Exhibit C provides additional information and timelines for this account. The information that has been attached is the `draft' information for these accounts, that have been prepared by Metropolitan Council staff. Action Requested This information is being provided for your reference. No formal action is being requested at this time. i:\commdev\c61996\cc0220\mcounprg.doc TAX BASE REVITALIZATION PROGRAM EXHIBIT A GUIDELINES AND CRITERIA Program Summary and Purpose: The Metropolitan Livable Communities Act (MN Stat. Ch. 473.25) created a Tax Base Revitalization Account to make grants to clean up contaminated land for subsequent commercial industrial re-development, to make it available for economic redevelopment, job retention and job growth. Amount and Source of Funds Available: Approximately $6.5 million (part from the Fiscal Disparities pool and part from the Council's Right-of-Way Acquisition Loan Fund) will be available for grants annually; grants will be awarded on a competitive basis. Eligible Applicants: Statutory or home rule charter cities that are participating in the Metropolitan Livable Communities Housing Incentives Program are eligible to apply; as are metropolitan counties (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott Washington) for projects in eligible communities. Eligible Uses of Funds: Eligible expenditures under this program include costs to implement an approved Response Action Plan (RAP) developed in conjunction with the MPCA for hazardous waste, or an abatement program meets requirements of the V-PIC/LUST program (for petroleum) or AHERA standards (for asbestos). Costs incurred in the preparation of the plan (e.g., investigating the extent and/or nature of contamination) are not eligible expenditures under this program. These funds may be used to provide a portion of the local match required for a grant from DTED's Contamination Cleanup Grant Program. Applicant wage/job and tax-base revitalization goals will be monitored annually, consistent with MN Laws 1995 Chap. 224, Sec 58 (M.S.116J.991). Project Selection Criteria: The Metropolitan Council is required to consider certain factors in order to ensure the highest return in public benefits for the public costs incurred. In order to evaluate and rank applications, the following criteria will be assigned point values in order to systematically and fairly compare the applications. Applications will be ranked according to the extent that they address the following: a preserve and/or increase living wage jobs in the fully developed area; a promote compact and efficient development; a increase the tax base of the recipient municipality; . a represent innovative partnerships among government, private for-profit and non-profit sectors; a are not eligible for clean-up funding from other public sources; a will not require extensive new infrastructure (beyond that which is already planned); a make more efficient use of currently underutilized public service capacity (e.g., roads and highways, transit, wastewater, utilities, telecommunications infrastructure, etc.); o result in a net gain in jobs/industry for the region; a increase the number of living wage jobs in/near areas of concentrated poverty and demonstrate sensitivity to linkages with local residents—or linkage to Hollman units in suburban municipalities; a reflect demonstrated market demand for commercial industrial land in the proposed site area; and a are consistent with the redevelopment component of the municipality's comprehensive plan (in re: Minn. Stat. section 473.859, subd. 5). Application Cycle: Beginning in 1996 there will be two grant cycles per year: a spring cycle (RFPs in February, applications deadlines in May, and awards announced in July) and a fall cycle (RFP in September, application deadline in November and awards announced in January). If applications for grants exceed the available funds for an application cycle, no more than one-half of the funds may be granted to projects in a single city, and no more than three-quarters of the funds may be granted to projects located in cities of the first class. This program is being coordinated with complementary programs at the MN Pollution Control Agency (MPCA) and MN Department of Trade and Economic Development (DTED). For more information contact Hal Freshley, Metropolitan Council staff, at 291-6467. es-ovitvw.00a TAX BASE REVITALIZATION PROGRAM APPLICANT SCORING 11/13/95 SCREENING CRITERIA • Eligible for clean-up funding from other public sources ❑ YES -- Site contamination eligible for other clean-up funds, therefore not eligible for Tax Base Revitalization (TBR) funds -- or explain ❑ NO (proceed) • Will require extensive new infrastructure (beyond that which is already planned) ❑ YES -- Will require extensive new infrastructure, therefore not eligible -- or explain . . ❑ NO (proceed) • Consistent with the municipality's comprehensive plan, specifically noting redevelopment component (in re: Minn. Stat. section 473.859, subd. 5). ❑ NO -- City has no overall redevelopment strategy, therefore not eligible for TBR funds - or explain circumstances ❑ YES (proceed) WEIGHTING CRITERIA • Points Criterion 20 Increase tax base in the recipient municipality Measure: Projected net increase in tax base + grant application amount 20 Result in net gain in jobs/mdustry for the region Measure: Number of expected new jobs + grant application amount 15 Demonstrate market demand for this site or commercial/mdustrial land in the proposed site area Measure: Narrative history of lease-ups/sales 10 Preserve and/or increase living wage jobs in the fully developed area Measure: Wage scale mix of expected jobs in FDA 10 Promote compact and efficient development Measure: Number of expected jobs + gross acres of site 10 Provide living wage jobs in/near areas of concentrated poverty and/or unemployment and demonstrate linkages with local residents (urban applicants); show connections to Hollman units (suburban applicants) Measure/s: Wage scale mix and number of jobs within Ya mile of census tracts with poverty rates above 15% (i.e., approximately two highest deciles in region); or city has agreed to develop Hollman units; narrative describing proposed connections between new C/I development and target populations 10 Demonstrate partnerships among government, private for-profit and non- profit sectors Measure: Grant request as percent of total project budget 5 Use current infrastructure capacity more efficiently (e.g., roads and highways, transit, wastewater, utilities, telecommunications, etc.) Measure: Narrative report on existing infrastructure/capacity and requirements of proposed development. POLSCORH04 METROPOLITAN LIVABLE COMMUNITIES ACT TAX BASE REVITALIZATION ACCOUNT SCHEDULE AND DEADLINES1 1996 Cycle I: Request for Proposals February 16, 1996 Information Workshops March 18 - 22, 1996 Application Deadline May 15, 1996 Awards Announced July 31, 1996 Cycle II: Request for Proposals August 16, 1996 Information Workshops September 16 - 20, 1996 Application Deadline November 15, 1996 Awards Announced December 31, 1996 1 NOTE: Schedule and deadlines correspond to DTED's Contamination Cleanup Grant cycle. EXHIBIT B ** DRAFT ** LIVABLE COMMUNITIES DEMONSTRATION PROGRAM November 1995 BACKGROUND AND AUTHORIZATION FOR THE PROGRAM The Metropolitan Livable Communities Act (Minn. Stat. Ch. 473.25) authorizes the Metropolitan Council to establish the Livable Communities Demonstration Account, and to make grants or loans to communities participating in the Local Housing Incentives Program (Ch. 473.254);or to metropolitan counties for projects in eligible communities. Approximately $4.6 million in funding will be available in 1996, and $4.1 million in 1997 and subsequent years. SUMMARY OF THE PROGRAM'S OBJECTIVES,QUALIFYING CRITERIA AND SELECTION CRITERIA The Livable Communities Demonstration Program is designed to provide incentives for and test the market feasibility of livable, compact and efficient development. Development that is livable,. compact and efficient helps the region function better for people in one or more of the following ways:linking development with transit, linking affordable housing with employment growth areas, creating mixed-use compact development, broadening the income mix of residents within areas, and encouraging public infrastructure investments that improve linkages to employment opportunities or attract private commercial and residential investments. The program is designed to encourage innovative land use projects that integrate housing, transit, employment, commercial and other land uses such as schools. Design of projects should accommodate the pedestrian, as well as the car, in a walkable and diverse environment. Projects with these characteristics help create a sense of place and "sense of community," and can enhance the safety and security of people in the area. These places would work for children and older people, and all ages in between. Projects can demonstrate development in new growth areas, or redevelopment and infill. Types of eligible proposals could include a mixed-use area on a transit line, innovative new or redeveloped housing near employment concentrations, and public infrastructure improvements such as pedestrian connections, public facilities and spaces that provide linkages to other parts of the community. One of the goals of the program is to fund demonstrations that constitute models or prototypes that can be applied elsewhere in the region. For this reason, priority will be given to proposals that have key elements that would be applicable to other communities. Models of planning processes that result in successful demonstrations is also a goal and desired outcome. 1 • Projects that draw in partnerships among government, private, for-profit and nonprofit sectors are likely to be more successful. Therefore, projects that can demonstrate this institutional leverage and cross jurisdictional cooperation will be given priority in the selection process. In the first year of the program, it is expected that selected projects will be ready to be substantially implemented (for the particular phase of the development for which funding is requested) during a period of up to one year following the award. Projects unlikely to be implemented within the one-year period should prepare a proposal for the 1997 funding cycle and beyond. Project managers of demonstrations selected will be expected to participate in workshops and other activities so that future applicants can learn from proposals selected in the first year. ********** A. PROJECT PURPOSE AND QUALIFYING CRITERIA In order to qualify for funds, a proposed project must have as its purpose and effect one or more of the following characteristics. Proposals will be rated 'high,"medium,' or 'low'on each item. 1. Links development or redevelopment with transit; 2. Links affordable housing with employment growth areas; 3. Intensifies land use that leads to mixed-use compact development or redevelopment; 4. Involves housing development or redevelopment that provides or results in a mix of • housing rents/prices and resident incomes in the subject area, including introducing higher value housing in lower-income areas; 5. Encourages public infrastructure investments that connect urban neighborhoods and suburban communities; 6. Encourages public.infrastructure investments that attract private sector investments in commercial and residential properties adjacent to the public improvement; and/or 7. Encourages public infrastructure investments that provide project area residents with expanded opportunities for private sector employment. B. ELIGIBLE APPLICANTS Communities participating in the Livable Communities Local Housing Incentives Program, and to metropolitan counties for projects in eligible communities. C. LOCATION OF PROJECTS Projects must be located in municipalities participating in the Livable Communities Local Housing Incentives Program. 2 • D. ELIGIBLE PROPOSALS Eligible types of proposals include but are not limited to the following new development, infill or redevelopment proposals: O ;Mixed-use—some combination of housing, office, commercial,public space. ❑ Innovative housing development in cities where the housing proposed is consistent with the direction of the city's Livable Communities housing goals. ❑ Housing located in proximity to employment concentrations, in cities where the housing proposed is consistent with the direction of the city's Livable Communities housing goals, and does not contribute to concentrations of lower-cost housing. ❑ Public infrastructure improvements. Pedestrian connections, public facilities, amenities and spaces that provide linkages to other parts of the community, especially to jobs, and create a more pedestrian and transit-friendly environment. ❑ PIans and programs to remodel or update housing (e.g. enlarging small homes to accommodate families and increase esthetic appeal, adding garages, etc.) in a neighborhood setting and/or convenient to jobs. O Planning processes and development of planning tools in connection with a proposal, including small area specific plans; preparation of mixed-use, higher-density and/or . transit/pedestrian overlay zoning districts; performance zoning; master plans for development/redevelopment .districts or corridors; or other appropriate tools and implementation mechanisms. Applicants are encouraged to employ other legislative incentives and funding programs. These include the Tax Base Revitalization. Program, under the Livable Communities Act, to clean up polluted sites, and a transit-related property tax reduction passed by in the 1995 session. Under _ this new law (Minn. Stat. Ch. 264.327) provides for a 15 percent tax reduction for new or expanded commercial or industrial property (excluding retail and hotel/motel uses) within 1/4 mile on either side of a frequently operating regular route transit line. These routes and 'transit zones' will be identified by the Metropolitan Council by January 1996. E. ELIGIBLE USES OF LOAN AND GRANT FUNDS Funds may be used for: 1. Project and site planning costs 2. Design and consulting costs 3. Construction costs Funds may not be used for comprehensive planning or other general planning costs. 3 • F. FORM AND AMOUNT OF AWARDS The Council is authorized to award grants and loans. • Priority will be given to projects that: 1. Seek loans rather than grants 2. Create loan pools, so that funds recirculate capital within a community. It is expected that in the first year of the program (1996), a minimum of four projects would receive awards. After the 1996 award cycle,this will be reevaluated. G. PROJECT SELECTION CRITERIA The Metropolitan Council will use the following criteria to determine whether an application and applicant will be selected to receive an award for participation under the program: Land Use Criteria. 150 total points 1. The degree to which the project meets the goals of the Demonstration Program. Ratings of 'high,"medium,'or 'low'on the qualifying criteria in Section A will be used to establish the score for this criterion. 0-50 points 2. The extent to which the project will provide a mix of,and/or integrate different land uses and systems—housing, transit, employment, commercial and other systems. 0-50 points -3. The extent to which the project addresses Items 2 through 8 from the Principles for Livable, Compact Development in Section H. 0-50 points Other Criteria. 250 total points 1. Whether and to what extent the proposal has key project characteristics that can provide a model for replication in other communities. 0-S0 points. 2. Whether and to what extent the proposal will draw in partnerships among government, private, for-profit and non-profit sectors, and will involve local units of government working cooperatively to implement community development and revitalization strategies (such as a cluster agreement or other cooperative arrangement). 0=50 points. 3. Whether and to what extent the proposal will leverage other sources of funds. 0-S0 points 4. Whether and to what extent the proposal demonstrates a planning process (implemented or proposed) that will help to ensure successful implementation of the project. See Principles for Planning Processes in Section I. 0-S0 points. 4 • 5. Whether the project is likely to have a significant impact in the project area or community, based on its scale and size, and/or its strategic or targeted impact. 0-25 points. 6. Inclusion of public housing units provided to implement the settlement agreement in Hollman v.Cisneros (Civil No. 4-92-712). 0-25 points. H. PRINCIPLES FOR LIVABLE,COMPACT DEVELOPMENT These principles represent the ideal components of livable, compact development. These principles will be used to evaluate projects on the land use criteria in Section G. 1. Mixed land•uses—a variety of housing;shops, work places, schools, parks, civic facilities essential to the daily life of the residents. Mixes of compatible uses in compact, clustered patterns that emphasize ease of access. Projects may be higher density than typical for some areas. Attention to the design of structures is of great importance in developing higher-density housing or other development that will be acceptable in the community. 2. Pedestrian oriented, with as many activities as possible located within walking distance of transit stops, and within easy walking distance of each other. This has implications for size of an area, so that uses are arranged within walking distance. To support transit, densities need to be higher-5-7 units per acre—than in many parts of the region. • 3. Streets designed for both people and cars. Businesses and other structures should be oriented to the street for pedestrian accessibility,with convenient. parking. Creates safe, pleasant walking environments. There should also be interconnected pedestrian paths and bike paths, supported by design that encourages their use. 4. Has a central place that functions as a neighborhood center or community 'downtown,' helping to create a sense of place. It should combine commercial, civic,cultural and recreational uses. Provides an informal community gathering place and focus for activities. 5. Includes a variety of housing types and jobs so that people of varying incomes and ages can live in the area. Provides a way for communities to contribute to a greater distribution • of affordable housing in the region. 6. Has a variety of public open spaces for the use and enjoyment of the entire community. • 7. Incorporates design that is human-scale. THE PRINCIPLES APPLY TO DIFF• .RENT AREAS OF THE REGION The principles apply to all locations in the region, from old urban neighborhoods to newer suburbs and rural towns. The principles remain the same, but their application and resulting development changes to suit the character of each type of location, and the uniqueness of each situation. 5 New Growth Areas New growth areas are typically located at or near the edge of the metropolitan area. They may be large enough to create a network of community or neighborhood areas within them. Redevelopment and Infill Redevelopable and infill sites can be designed to provide a use that integrates well with the surrounding uses, resulting in a more complete mixed-use area. The type of land use on a site might be changed from its original function. I. PRINCIPLES FOR PLANNING PROCESSES These principles will be used to evaluate projects under Item 3, 'Other Criteria,' in Section G. • 1. Applies the Principles for Livable, Compact Development in Section H. 2. Uses an open process involving residents, property owners, developers, businesspersons, and others with an interest in the future of the subject area. 3. Employs visual models of planning proposals and alternatives. 4. Addresses design issues, and uses design professionals in the process. 5. Develops specific zoning and.planning tools, and mechanisms to ensure plan implementation. J. APPLICATION CYCLE - - • Availability of funds will be announced in February 1996. Applications will be accepted through May, 1996. • • • lcdp1195 6 LIVABLE COMMUNITIES DEMONSTRATION PROGRAM TENTATIVE APPLICATION/AWARD CYCLE . 1-11-96 FIRST CYCLE Consider awarding up to half of 1996 available funding (up to $2.3 million) to a group of pilot projects. Pilot projects would: * Make the goals and principles of the program "real" and concrete. Pilot projects can be powerful illustrations of the intent of the Livable Communities Demonstration Program. * Provide an opportunity for other communities to learn from these models as they design projects and prepare funding applications. SECOND CYCLE March Mail request for proposal April - June Hold workshops to review application form, application process Sept. 1 Applications due November Announce funding awards -- totaling $2.3 million or more. December Distribute funds to award-winners EXHIBIT C METROPOLITAN HOUSING IMPLEMENTATION GROUP PROJECT SELECTION CRITERIA HOMEOWNERSHIP SECTION 1: BACKGROUND AND PURPOSE The 1995 Minnesota Legislature adopted two significant pieces of legislation related to affordable housing: the Metropolitan Livable Communities Act (Minn. Stat. §473.25 - §473.254) and Governors Economic Vitality and Housing Initiative (1995 Laws, r •ter 224, section 6). The Metropolitan Livable Communities Act creat:-', - d available to participating communities to provide a full range of housin' •portunities and to preserve and rehabilitate affordable ho g. The Go errors Economic Vitality and Housing Initiative tar a opriations to supporting and complementing regional economic deve nt and redevelopment efforts. In 1995 the Family Housing Fund r . >::ded a McKnight Foundation Grant, a portion of which is earmarke= - •rt the creation of low income housing opportunities in the suburban <_ ropolitan area. That same year, the Minneapolis Public Ho .:; _:- Autho '` settled the Hollman v. Cisneros lawsuit;.pursuant to the •t, substantial funds are available for affordable rental housin• - area. Both the Metropo Livable mmunities Act and the Governors Economic Vital' >: :•ousing Initiative directed the Minnesota Housing Finance Agent . :• co r with the Met Council to identify area noOne of the orities for using the Economic Vi'` :•. ;-<=• Housing funds in the grantmaking obje ` ;.`= of the Family Housing Fund is to encourage collaboration among a number of units of government. In an effort to coordinate affordable housing resources available for the metro area, MHFA, the Met Council, and the Family Housing fund convened the Metropolitan Housing Implementation Group (MHIG). In addition to representatives from these three entities, MHIG is composed of representatives from: Corporation for Supportive Housing, Greater. Minneapolis Metro Housing Corporation, the Local Initiatives Support Corporation (LISC), FNMA, the Minneapolis Public Housing Authority, and HUD. MHIG has developed joint selection criteria to ensure that consistent policies are used by members of MHIG to inform funding decisions on housing projects in the metro area. MHIG is also attempting to use a coordinated and comprehensive funding process. The selection criteria are a tool to implement the policies articulated in the Metropolitan Council's Regional Blueprint as well as the Metropolitan Livable Communities Act and the Governors Economic Vitality and Housing Initiative. December 20, .1995 SENT BY iz-z'.- J • f•14r.n • M.\ nVLJ1.\U r l:\-:\LL " 4J10010•* . Delivery of a combination of resources from members of the MHIG will be streamlined through a single application process and joint review process. Members of MHIG may have other criteria in addition to the joint selection criteria which limit the types of projects that may be funded from a member's resources. SECTION 2: SOURCE OF FUNDS Funds are available for affordable housing projects i41 county metro area through the MHIG joint application process. The sou of these funds are: Metropolitan Housing Implementation Group • The Metropolitan Council's Livable Commu Act Local Housing Incentives Account. • The Family Housing Fund; • The Minnesota Housing Financetpand Other Resources • • The Minneapolis Pub'', 4; i u • Authority's Hollman settlement. SECTION 3: APPLICANTS • Any municipality in the seven-county metro area or any affordable housing project or development in a municipality in the seven-county metro area, provided that the threshold criteria of section 5 have been met. SECTION 4: AWARD TERMS AND CONDITIONS No maximum or minimum award amounts. Additional terms and conditions may apply depending on the ultimate source of funds awarded for a particular project. December 22. ]995 SECTION 5: PROJECT SELECTION CRITERIA FOR HOMEOWNERSHIP / HOME IMPROVEMENT PROJECTS The Metropolitan Housing Implementation Group will take the following criteria into consideration when determining whether an application and applicant will be selected for funding from MHIG. Threshold Criteria - Must be met to be considered for funding: • A community must have met or exceeded its Metropo ' n Council established benchmark for affordable rental housing i er to eligible to receive funding for homeownership projects. • Homeownership units receiving MHIG fundi ust be a rdable to households with incomes at or less than 80°- . - - median income, except that both homeownership and home i 'ements projects in the center cities may serve households with incom= •'= • to 115% of area • median and home improvement pro' s in the fu developed areas and free standing growth centers may s Beholds with incomes up to 115% of area median. • The proposed project m consi t with the housing element of the municipality's comprehe , and action plan for carrying out negotiated housing goa Competitive A_=- =` 141 • The propo • =ect promotes economic integration. • The proposed project promotes linkages among public facilities and sources of employment, services, and transportation with affordable housing. • Private funds, local government, and/or services have been leveraged for the proposed project. • • The proposed project utilizes innovative partnerships between government, private for-profit, and non-profit sectors. • The project is being carried out as part of a"cluster" * action plan. • The municipality is participating in the Hollman settlement by accepting replacement and incentive public housing units. *Two or more adjacent municipalities that have entered into agreements to cooperatively provide affordable and lifecycle housing. December 20, 1995 • • • The proposed project serves historically underserved populations. • The proposed project serves a cpmmunity stabilization or redevelopment purpose. • The home improvement proposal preserves the housing stock and promote economic integration. Location Specific Criteria: • In developing suburbs, priority will be given to homeownership projects. which promote economic integration and provide choice for all income levels in the metro area and home improvement projects which preserve the housing stock and promote economic integration. • In fully developed areas and free standing growth centers, priority will be given to the preservation of the existing stock of low and moderate income housing, through homeownership and home improvement projects which serve moderate as well as low income owners. • In the center cities, priority will be given to projects for homeownership • and rehabilitation which are consistent with a comprehensive and long- term plan to revitalize a neighborhood or community. Individual Funder's Criteria: • In addition to the joint selection criteria, members of MHIG may have additional criteria which must be applied to funds provided by that member. MHFA should be contacted for specific program criteria. The following is a summary of the additional Met Council criteria: To be eligible, a municipality must.have: 1) elected to participate in the Livable Communities Act Local Housing Incentives program, i.e., negotiates • affordable and life-cycle housing goals with the Metropolitan Council by the November 15 deadline each year; 2) had these negotiated housing goals adopted by the Metropolitan Council; and 3) identify to the Council the actions it plans to take to meet the established housing goals. The municipality must not have met its negotiated affordable and life-cycle housing goals. The municipality must be actively funding projects designed to meet its goals. Consideration will be given to the extent to which a municipality provides matching funds from a source other than its ALHOA. December 20, 1995 SECTION 6: PROCEDURES Applications will be solicited through a Request for Proposals (RFP). Applicants must complete and submit by the application deadline date for an MHFA single family combined program application. An analysis of the application will be completed by the MHFA staff. Generally accepted industry underwriting standards will be used in analyzing applications. Applications will also be reviewed and evaluated based the MHIG joint • selection criteria. Applications will be selected for funding by a selection co ' ee. The committee will be composed of representatives m each o e funders. Applications that best meet the proposed pu nd the selection criteria of the MHIG will be presented to the appropria ision-making body for final approval (i.e. Metropolitan Coun il, MHFA, ily Housing Fund). Disbursement to and monitoring of s plicants will be the responsibility of the individual funders December 20, 1995 METROPOLITAN HOUSING IMPLEMENTATION GROUP PROJECT SELECTION CRITERIA MULTIFAMILY SECTION 1: BACKGROUND AND PURPOSE The 1995 Minnesota Legislature adopted two significant pieces of legislation related to affordable housing: the Metropolitan Livable Communities Act (Minn. Stat. §473.25 - §473.254) and t Governor's Economic Vitality and Housing Initiative (1995 Laws, •-i•ter 224, section 6). The Metropolitan Livable Communities Act creat - d available to participating communities to provide a full range of housi _•portunities and to preserve and rehabilitate affordable ho g. The G• emor's Economic Vitality and Housing Initiative targ a opriations to supporting and complementing regional economic dev nt and redevelopment efforts. In 1995, the Family Housing Fund - a , -rded a McKnight Foundation Grant, a portion of which is earmarke-• -o = _..•rt the creation of low income housing opportunities in the suburban ropolitan area. That same year, the Minneapolis Public Hou Author - settled the Holtman v. Cisneros lawsuit; pursuant to the s= - nt, substantial funds are available for affordable rental housin• Tr- o area. Both the Metropoli - Livabl- •mmunities Act and the Governor's Economic Vitali sousing Initiative directed the Minnesota Housing Finance Agen. MH to confer with the Metropolitan Council (Met Council) to iden - •ri• ies for using the Economic Vitality and Housing funds in the metro Y -. One of the grantmaking objectives of the Family Housing Fund is to encourage collaboration among a number of units of government. In an effort to coordinate affordable housing resources available for the . metro area, MHFA, the Met Council, and the Family Housing fund convened the Metropolitan Housing Implementation Group (MHIG). In addition to representatives from these three entities, MHIG is composed of representatives from: Corporation for Supportive Housing, Greater Minneapolis Metro Housing Corporation (GMMHC), Local Initiatives Support Corporation (LISC), FNMA, Minneapolis Public Housing Authority and HUD. MHIG has developed joint selection criteria to ensure that consistent policies are used by members of MHIG to inform funding decisions on housing projects in the metro area. MHIG is also attempting to use a coordinated and comprehensive funding process. The selection criteria are a tool to implement the policies articulated in the Metropolitan Council's December 20, 1995 JLdI i.l • _— Regional Blueprint as well as the Metropolitan Livable Communities Act • and the Governor's Economic Vitality and Housing Initiative. Delivery of a combination of resources from members of the MHIG will be streamlined through a single application process and joint review process. Members of MHIG may have other criteria in addition to the joint selection criteria which limit the types of projects that may be funded from a member's resources. SECTION 2: SOURCE OF FUNDS Funds are available for affordable housing pro' in the 7 unty metro area through the MHIG joint application proc= - e sources of these funds are: u-tro•olitan Hous' • Im•lementafon row. • .—ources • The Metropolitan Council's Liva• - + munities Act Local Housing Incentives Account. • The Family Housing Fund; • The Minnesota Housing - '- -nce A. •cy; and Other • • The Minneapolis Public ' sin. Authority's Holtman settlement. SECTION 3: ELIGIBLE APPLICANTS Any municipality in the seven-county metro area or any affordable housing project or development in a municipality in the seven-county metro area provided that the threshold criteria of section 5 have been met. SECTION 4: AWARD TERMS AND CONDITIONS • No maximum or minimum award amounts. Additional terms and conditions may apply depending on the ultimate source of funds awarded for a particular project. December 22, 1995 SECTION 5: PROJECT SELECTION CRITERIA FOR RENTAL DEVELOPMENTS The Metropolitan Housing Implementation Group will take the following criteria into consideration when determining whether an application and applicant will be selected for funding from MHIG. Threshold Criteria - Must be met to be considered for funding: • Rental housing units receiving MHIG funding must be affordable to households with incomes at or below 50% or area medi. • The proposed project must be consistent with the ►= element of the municipality's comprehensive plan and its action plan for 1 A ing out negotiated housing goals. (( Competitive Criteria: • The proposed development ps economic integration. • The proposed project promotes ages among public facilities and sources of employme ervices, d transportation with affordable housing. • Private funds and/o I g emment have been leveraged for the . proposed pr.'-ct. • The pro= = ed p - -ct utilizes innovative partnerships between govemme •d - for-profit, and non-profit sectors. • The project is •eing carried out as part of a "cluster" * action plan. • The municipality is participating in the Hollman settlement by accepting replacement and incentive public housing units. • The proposed project serves larger families with children, (i.e., those • needing 3 or more bedrooms) and/or persons with special needs and are not restricted to certain age groups. • The proposed rental developments located in a community which has negotiated housing goals with the Metropolitan Council. *Two or more adjacent municipalities that have entered into agreements to cooperatively provide affordable and lifecycle housing. • December 20, 1995 Location Specific Competitive Criteria: • In developing suburbs, priority will be given to rental housing for low income households in order to decrease concentrations of poverty in the metro area and provide housing,choice to lower income households. _ • In the fully developed areas and the free standing growth centers, priority will be given to the preservation of the existing stock of low and moderate income rental housing. • In the center cities, priority will be given to projec ; •r the rehabilitation of rental properties which are co-,-•`- - with a comprehensive and long term plan to revitalize a n- --� •orhood or community. Individual Funder's Criteria: In addition to the joint selection criteri., members MHIG may have additional criteria which must be ap. • funds provided by that member. MHFA should be contacted for specifi• :•.----F• program criteria. The following is a summ e additional Met Council criteria: To be eligible, a municipa ust ave: 1) elected to participate in the Livable Communiti- Act Lo ousing Incentives program, i.e., negotiates affordable and ' - housing goals with the Metropolitan Council by the November 15 .dlin: = ach year; 2) had these negotiated housing goals adopted by the .`- op tan Council; and 3) identify to the Council the actions it plans to : o meet the established housing goals. The municipality must not have met its negotiated affordable and life-cycle housing goals. . The municipality must be actively funding projects designed to meet its goals. Consideration will be given to the extent to which a municipality provides matching funds from a source other than its ALHOA. SECTION 6: PROCEDURES • Applications will be solicited through a Request for Proposals (RFP). Applicants must complete and submit by the application deadline date for an MHFA deferred loan application. An analysis of the application will be completed by the MHFA underwriting staff. This analysis will include a December 20, 1995 general review of market, program, financial feasibility, cost appropriateness and capacity of developer. Applications will also be reviewed and evaluated based on the MHIG joint selection criteria. Applications will be,selected for funding by the deferred loan selection committee. The committee will be composed of representatives from each •of the funders.' Applications that best meet the proposed purpose and the selection criteria of the MHIG will be presented to the appropriate decision-making body for final approval (i.e. Metropolitan Council, MHFA, Family sing Fund). Disbursement to and monitoring of selected applica e the responsibility of the individual funders. 4C)111: 11111:• December 20, 1995 Super RFP Funding Availability and Timeline Current Funding Cycle- Multifamily Amount of Funds Available: Approximately $11 million Application mailed January 8 Applications due February 22 Applications reviewed April 1 Selection Meeting Week of April 8 Recommendations to Funding Boards Week of April 22 Local Housing Incentive Fund Amount of Funds Available: $500,000 Mail application Week Feb. 12 Applications due March 21 Applications reviewed April 1 Selection Meeting Week of April 8 Recommendations Week of April 22 Current Funding Cycle - Homeownership Amount of Funds Available: Total - ? No Local Housing Incentive Account Funds Mailed Applications December 15, 1995 Applications Due February 15, 1996 Recommendations March 28 Next Funding Cycle - Multifamily Amount of Funds Available: Total - ? $250,000-Local Housing Incentive Account Mail applications May/June Applications Due August Applications Reviewed September Selection September Recommendations October Next Funding Cycle - Homeownership Amount of Funds Available: Total - ? $250,000 - Local Housing Incentive Account Mail Applications September Applications Due October Review/Selection October Recommendations November Individual Funder's Criteria: In addition to the joint selection criteria,members of MHIG may have additional criteria which must be applied to funds provided by that member. MHFA should be contacted for specific MHFA program criteria. The following is a summary of the additional Metropolitan Council criteria for funds from the Local Housing Incentives Account: Threshold: To be eligible,a municipality must have 1)elected to participate in the Livable Communities Act Local Housing incentives program by the November 15 deadline each year;2)had these negotiated housing goals adopted by the Metropolitan Council; and 3)identified to the Council the actions it plans to take to meet the established housing goals. Municipality must not have met their negotiated affordable and life-cycle housing goals. Municipality must be actively funding projects designed to meet the goals. Municipality must match requested funds on a dollar-for-dollar basis. Competitive: Municipality has a net fiscal disparities contributions of$200 or more per household. The municipality can provide matching funds from a source other than its ALOHA 01?` City of Shakopee Community Development Department Monthly Progress Report January 1996 Board of Adjustment and Appeals VARIANCES 0 CUP'S 1 At its January 4, 1995, meeting, the Board of Adjustment and Appeals(BOAA)held a full public hearing to deal solely with the issue of start and end dates for the 17-year time frame of the mining operation for Fischer Aggregates, Inc., Conditional Use Permit No. 376. The BOAA recommended to the City Council that Amendment No. 3 to Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 approve the mining operation for 17 years, beginning on January 16, 1996, and terminating on January 16, 2013. Code Enforcement No. Reported 2 No. Referred Out 0 Planning Dept. Cases 2 Compliance letters have been sent Community Development Commission The Community Development Commission (CDC) held its meeting on Tuesday, January 23, 1996, to coincide with a special meeting of the Economic Development Authority (EDA)to discuss Blocks 3 & 4. The CDC discussed the acquisition of property in Blocks 3 & 4, as well as potential opportunities and threats to the downtown as completion of the bypass approaches. The option of restricting liquor licensing to the downtown and major recreation areas was discussed as one possibility for keeping the downtown vital and clustering this type of use. The CDC directed staff to approach the Planning Commission with this issue and to consider a zoning text amendment to address this option. The CDC recommended to the City Council that the composition of the EDA be amended to include two City Council members and five citizen members, with the current CDC members to be given priority in appointment under the new structure; and to dissolve the CDC as a separate board. Economic Development Staff has been working with commercial and industrial businesses that are planning to expand their facilities this spring. Several industrial inquiries were made concerning sites located along TH 101 and in Valley Green Business Park. A financial institution has been considering Shakopee for a branch, and staff has assisted in providing their researcher with demographics and other data about the city. 2 Staff continues to work with Scott County on the Courthouse Expansion project. Numerous developers and businesses continue to be interested in the Marschall Road/Bypass area and staff anticipates that this spring should result in some definite development plans being released. Staff continues to provide support to the Centres Group's expansion of the mall. For Blocks 3 and 4, staff invited some of the potential developers that it has been working with for the last few months to the public meetings and there was good attendance from these developers. Since that time, however, the contact with these developers has quieted down. • Resident's Guide update(on hold) • Development of commercial and industrial prospect information packet(on hold) • Development of City demographic profile packet(on hold) • Update of incentive programs(on hold) • Streamlining of development processes/developer meetings(on hold) Planning Commission TEXT AMENDMENTS 1 REZONINGS 0 PRELIMINARY PLATS 1 FINAL PLATS 2 PUD's 0 VACATIONS 0 At its January 4, 1996 meeting, the Planning Commission recommended approval to the City Council for the Final Plat of Prairie Bend 2nd Addition and tabled the decision regarding Market Place 2nd Addition Final Plat. A public hearing was continued to the February 8, 1996 meeting for the Preliminary Plat application of Westwind 1st Addition. The Planning Commission recommended approval to the City Council on a text amendment to reduce the landscaping requirements. Scott County Economic Development Coalition The Labor Survey of Scott County households is currently being conducted by telephone. Staff sent out a press release to the newspapers notifying residents of the survey. The Business Survey should be underway by late February. The Scott County Economic Development Coalition (SCEDC) held a regular meeting on January 17, 1996, and it was decided that an envelope stuffing party would be held on February 7, 1996, to stuff and mail the "Rollin' over the River" flyers as a marketing piece. 3 Subdivision Review Committee The Subdivision Review Committee held its first meeting and outlined future meeting dates (approximately every week to two weeks). Staff will be preparing draft sections of the proposed text to the SRC starting in February. Other • Adult Uses Ordinance(in progress) • Eleven Minor Subdivisions were approved by staff. • Staff has completed an updated sign permit application form, and duties for sign permits transferred from Building to Community Development as of January 2, 1996. • Staff will begin work on 12 code amendments at the beginning of 1996 (on hold). • Staff has requested that the City Council give Downtown issues priority from all boards and commissions in 1996. Implementation is on hold. • Neighborhood Meetings/Planning(on hold) • Staff continues to work with the Metropolitan Council on the proposed MUSA expansion. • Sidewalk and Trail Plan Update(on hold). i:\commdev\progress\1996\finalrpt\jan96.doc 4 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA FEBRUARY 20, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Resolutions of Appreciation 4] Liaison Reports from Councilmembers 5] Mayor' s Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] Approval of the Minutes of February 6, 1996 8] Communications : >a] Jane DuBois regarding resignation from Planning Commission b] Joel Cole, President, Shakopee Community Arts Council, requesting to use city buildings c] Charles Fuller, Shakopee Ballroom, regarding liquor license d] Kevin Hachfeld, Enebak Construction Co. , regarding Shakopee Bypass noise variance during construction 9) 7: 00 P.M. Public Hearings : a] Proposed vacation of easements within vacated Pierce Street between 3rd and 4th Avenues - Res . 4387 b] Proposed vacation of easements within Lot 3, Block 1, The Meadows 7th Addition - Res . No. 4388 10] Recommendations From Boards and Commissions : a] Preliminary Plat of Westwind, located west of Fuller Street and across from the Civic Center, Res . 4389 b] Rezoning of 21 Acres Located at the SW Corner of Marschall Road and the Southerly Bypass - Ord. 447 11] Reports from Staff: a] Shakopee-Savage Joint Powers Agreement for the Eagle Creek Watershed >b) Time Extension for Preliminary Plat Approval of Horizon Heights 4th Addition TENTATIVE AGENDA February 20, 1996 Page -2- 11] Reports from Staff continued: c] Tree and Woodland Preservation Standards d] Shakopee Cable System >e] Recreation Center - Family Net Lease Agreement >f] Authorizing Feasibility Report for the Area SS-H Trunk Sewer >g] Approve Bills in the Amount of $933, 889. 97 >h] Interfund Transfers >I] Lease Agreement 125 1/2 East First Avenue >j ] Recreation Center - Cable Access Studio Lease Agreement k] Precinct Boundaries 1] Marschall Road Street Light Analysis m] Appointments to Boards and Commissions n] Zoning Notification o] Spring Showcase Hockey League -memo on table 2/20 p] Summary of Bureau of Mediation Services Negotiations q] Scott Joint Prosecution Association Agreement >r] Completion of Probation - Chris Dellwo s] Kosse Studio Lease 12] Resolutions and Ordinances: a] Res . No. 4367 - Amending Drug and Alcohol Testing Policy >b] Res . No. 4395 - Setting Public Hearing for Vacation of Cass St. Between 3rd and 4th >c] Res . No. 4397 - Revoking State Aid Designation of Valley View Road from CR-83 to CR-21 >d] Res . No. 4398 - Establishing 17th Ave. from CR-17 to CR-83 As A Municipal State Aid Highway e] Res . No. 4396 - Award Bids on Vierling Dr. , Project 1995-6, memo on table 2/20 13] Other Business : 14] Recess for an executive session to discuss matters covered under attorney-client privilege 15] Re-convene 16] Adjourn to Tuesday, February 27, 1996 at 5: 00 P.M. Dennis R. Kraft, City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. 5 /. RESOLUTION NO. 4202 RESOLUTION OF CONDOLENCES TO THE FAMILY OF GLORIA VIERLING WHEREAS, Gloria Vierling was called to her eternal home on February 17, 1996; and WHEREAS, Gloria Vierling served three 4-year terms on the Shakopee City Council starting in 1982; and WHEREAS, prior to that time Gloria Vierling served as a member of the Shakopee Planning Commission, Community Recreation Board and following that time on the Shakopee Public Utilities Commission; and WHEREAS, Gloria Vierling donated countless, unselfish hours to the Shakopee community; and WHEREAS, Gloria Vierling's leadership and unselfish commitment will be truly missed by all residents of the Shakopee community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby expresses it's deepest sympathy and condolences to the family and friends of Gloria Vierling. Gloria's contributions to the City of Shakopee shall not be forgotten. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney MEMO TO: Mayor Henderson and City Councilmembers FROM: Barry Stock, Assistant City Administrator RE: Resolutions of Appreciation DATE: February 16, 1996 Attached are resolutions of appreciation that have been prepared for City Council consideration. It has been past practice for City Council to adopt resolutions of appreciation for out going Councilmembers. The out going Councilmembers have been called and invited to attend and receive the resolutions of appreciation, but there may be a conflict for one or two who may not be able to attend. Recommended Action: 1 . Offer Resolution No. 4390, A Resolution of Appreciation to Jon Brekke, and move its adoption. 2 . Offer Resolution No. 4391, A Resolution of Appreciation to Michael Beard, and move its adoption. 3. Offer Resolution No. 4392, A Resolution of Appreciation to Joan Lynch, and move its a adoption. 4 . Offer Resolution No. 4393, A Resolution of Appreciation to Gary L. Laurent, and move its adoption. 5. Offer Resolution No. 4394, A Resolution of Appreciation to the City Administrator Dennis R. Kraft for Outstanding Service to and for the City of Shakopee, and move its adoption. RESOLUTION NO. 4394 A RESOLUTION OF APPRECIATION TO THE CITY ADMINISTRATOR DENNIS R. KRAFT FOR OUTSTANDING SERVICE TO AND FOR THE CITY OF SHAKOPEE WHEREAS, Dennis Kraft was appointed to serve as the Community Development Director for the City of Shakopee on July 21, 1986; and WHEREAS, on November 1, 1988 Dennis R. Kraft was appointed Acting City Administrator to fill the vacancy created as a result of the resignation of John Anderson; and WHEREAS, on July 11, 1989 Dennis R. Kraft was offically appointed to fill the City Administrator position; and WHEREAS, in performing his duties as Administrator he attended numerous City Council Meetings, Planning Commission Meetings, Committee of the Whole Meetings and Special Worksessions that served to enhance the quality of life for all residents in the City of Shakopee; and WHEREAS, his guidance and leadership will certainly be missed by his associates as well as by the City of Shakopee as a whole. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that on behalf of the citizens and residents of the City of Shakopee, the City Council hereby publicly expresses the gratitude and appreciation of all to Dennis R. Kraft for his years of meritorious and dedicated service. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4390 A RESOLUTION OF APPRECIATION TO JON BREKKE WHEREAS, a vacancy occurred on the City Council as a result of a resignation in October of 1994; and WHEREAS, the City Council selected to interview potential applicants for the position and appointment; and WHEREAS, Jon Brekke indicated a sincere interest in devoting his services to the City of Shakopee for public office; and WHEREAS, the Shakopee City Council appointed Jon Brekke to fill the vacant seat on City Council caused by the resignation of Kris Dircks; and WHEREAS, Jon Brekke has faithfully fulfilled his official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, during his term as Councilmember, Jon Brekke exhibited superior leadership qualities and exercised sound judgment in dealing with issues of critical importance to the City of Shakopee. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby acknowledges and expresses its sincere gratitude and appreciation to Jon Brekke for his unselfish commitment and positive leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4391 A RESOLUTION OF APPRECIATION TO MICHAEL BEARD WHEREAS, Michael Beard was duly elected by the citizens to serve as a Councilmember and officially took office on January 1, 1992; and WHEREAS, Michael Beard has faithfully fulfilled his official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, Michael Beard has served on numerous study committees to evaluate issues of ongoing importance to the community; and WHEREAS, Michael Beard has dedicated significant time and energy to a wide variety of community service organizations within the City of Shakopee; and WHEREAS, Michael Beard consistently exhibited strong leadership qualities and took careful consideration in reviewing issues and establishing policies that ultimately served to enhance the best interests of all persons residing within the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby acknowledges and expresses its sincere gratitude and appreciation to Michael Beard for his years of unselfish commitment, leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4392 A RESOLUTION OF APPRECIATION TO JOAN LYNCH WHEREAS, Joan Lynch was duly elected by the City of Shakopee to serve as Councilmember and officially took office on January 1, 1992; and WHEREAS, Joan Lynch has faithfully fulfilled her official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, as a resident of the City of Shakopee Joan Lynch has identified herself as an active participant in serving on a wide variety of committees over the years to evaluate issues of ongoing importance to the community; and WHEREAS, Joan Lynch has served as a board member of the Association of Minnesota Municipalities and has represented the interests of our community in a manner that has not only been of value to Shakopee residents but all residents within the Metropolitan Area; and WHEREAS, Joan Lynch has offered countless hours of service to our community and has dedicated her attention and resources to a variety of issues that have served to enhance the quality of life for all residents. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby expresses its gratitude and appreciation to Joan Lynch for her years of unselfish commitment, leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4393 A RESOLUTION OF APPRECIATION TO GARY L. LAURENT WHEREAS, Gary Laurent was duly elected by the citizens of Shakopee to serve as Mayor and officially took office on January 1, 1990; and WHEREAS, Gary Laurent's outstanding leadership skills have served to direct the City of Shakopee on a positive course of development which will enrich the quality of life for all Shakopee residents; and WHEREAS, Gary Laurent's ability to effectively communicate and listen to all parties has been instrumental in developing strong intergovernmental relationships between Scott County, Jackson Township, Louisville Township and the Shakopee School Board; and WHEREAS, Gary Laurent has gone beyond the call of duty in performing his duties and responsibilities as Mayor and has consistently attempted to improve the quality of life and image of our community in all areas. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City Council on behalf of all of the citizens and residents of the City of Shakopee, hereby expresses its deep gratitude and appreciation to Gary L. Laurent for his years of meritorious and dedicated service, unselfish commitment, and positive leadership which has served to direct Shakopee on a sound course for development. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk a MEMO TO: Mayor Henderson and City Councilmembers FROM: Barry Stock, Assistant City Administrator RE: Resolutions of Appreciation DATE: February 16, 1996 Attached are resolutions of appreciation that have been prepared for City Council consideration. It has been past practice for City Council to adopt resolutions of appreciation for out going Councilmembers. The out going Councilmembers have been called and invited to attend and receive the resolutions of appreciation, but there may be a conflict for one or two who may not be able to attend. Recommended Action: 1 . Offer Resolution No. 4390, A Resolution of Appreciation to Jon Brekke, and move its adoption. 2 . Offer Resolution No. 4391, A Resolution of Appreciation to Michael Beard, and move its adoption. 3. Offer Resolution No. 4392, A Resolution of Appreciation to Joan Lynch, and move its a adoption. 4 . Offer Resolution No. 4393, A Resolution of Appreciation to Gary L. Laurent, and move its adoption. 5. Offer Resolution No. 4394, A Resolution of Appreciation to the City Administrator Dennis R. Kraft for Outstanding Service to and for the City of Shakopee, and move its adoption. RESOLUTION NO. 4390 A RESOLUTION OF APPRECIATION TO JON BREKKE WHEREAS, a vacancy occurred on the City Council as a result of a resignation in October of 1994; and WHEREAS, the City Council selected to interview potential applicants for the position and appointment; and WHEREAS, Jon Brekke indicated a sincere interest in devoting his services to the City of Shakopee for public office; and WHEREAS, the Shakopee City Council appointed Jon Brekke to fill the vacant seat on City Council caused by the resignation of Kris Dircks; and WHEREAS, Jon Brekke has faithfully fulfilled his official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, during his term as Councilmember, Jon Brekke exhibited superior leadership qualities and exercised sound judgment in dealing with issues of critical importance to the City of Shakopee. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby acknowledges and expresses its sincere gratitude and appreciation to Jon Brekke for his unselfish commitment and positive leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. 4391 A RESOLUTION OF APPRECIATION TO MICHAEL BEARD WHEREAS, Michael Beard was duly elected by the citizens to serve as a Councilmember and officially took office on January 1, 1992; and WHEREAS, Michael Beard has faithfully fulfilled his official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, Michael Beard has served on numerous study committees to evaluate issues of ongoing importance to the community; and WHEREAS, Michael Beard has dedicated significant time and energy to a wide variety of community service organizations within the City of Shakopee; and WHEREAS, Michael Beard consistently exhibited strong leadership qualities and took careful consideration in reviewing issues and establishing policies that ultimately served to enhance the best interests of all persons residing within the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby acknowledges and expresses its sincere gratitude and appreciation to Michael Beard for his years of unselfish commitment, leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. Y392S A RESOLUTION OF APPRECIATION TO JOAN LYNCH WHEREAS, Joan Lynch was duly elected by the City of Shakopee to serve as Councilmember and officially took office on January 1, 1992; and WHEREAS, Joan Lynch has faithfully fulfilled her official duties and responsibilities as a Councilmember for the City of Shakopee; and WHEREAS, as a resident of the City of Shakopee Joan Lynch has identified herself as an active participant in serving on a wide variety of committees over the years to evaluate issues of ongoing importance to the community; and WHEREAS, Joan Lynch has served as a board member of the Association of Minnesota Municipalities and has represented the interests of our community in a manner that has not only been of value to Shakopee residents but all residents within the Metropolitan Area; and WHEREAS, Joan Lynch has offered countless hours of service to our community and has dedicated her attention and resources to a variety of issues that have served to enhance the quality of life for all residents. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City of Shakopee hereby expresses its gratitude and appreciation to Joan Lynch for her years of unselfish commitment, leadership and dedicated service. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. Y 393 A RESOLUTION OF APPRECIATION TO GARY L. LAURENT WHEREAS, Gary Laurent was duly elected by the citizens of Shakopee to serve as Mayor and officially took office on January 1, 1990; and WHEREAS, Gary Laurent's outstanding leadership skills have served to direct the City of Shakopee on a positive course of development which will enrich the quality of life for all Shakopee residents; and WHEREAS, Gary Laurent's ability to effectively communicate and listen to all parties has been instrumental in developing strong intergovernmental relationships between Scott County, Jackson Township, Louisville Township and the Shakopee School Board; and WHEREAS, Gary Laurent has gone beyond the call of duty in performing his duties and responsibilities as Mayor and has consistently attempted to improve the quality of life and image of our community in all areas. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City Council on behalf of all of the citizens and residents of the City of Shakopee, hereby expresses its deep gratitude and appreciation to Gary L. Laurent for his years of meritorious and dedicated service, unselfish commitment, and positive leadership which has served to direct Shakopee on a sound course for development. Adopted in adjourned regular session of the Shakopee City Council held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney RESOLUTION NO. Y3?Y A RESOLUTION OF APPRECIATION TO THE CITY ADMINISTRATOR DENNIS R. KRAFT FOR OUTSTANDING SERVICE TO AND FOR THE CITY OF SHAKOPEE WHEREAS, Dennis Kraft was appointed to serve as the Community Development Director for the City of Shakopee on July 21, 1986; and WHEREAS, on November 1, 1988 Dennis R. Kraft was appointed Acting City Administrator to fill the vacancy created as a result of the resignation of John Anderson; and WHEREAS, on July 11, 1989 Dennis R. Kraft was offically appointed to fill the City Administrator position; and WHEREAS, in performing his duties as Administrator he attended numerous City Council Meetings, Planning Commission Meetings, Committee of the Whole Meetings and Special Worksessions that served to enhance the quality of life for all residents in the City of Shakopee; and WHEREAS, his guidance and leadership will certainly be missed by his associates as well as by the City of Shakopee as a whole. THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that on behalf of the citizens and residents of the City of Shakopee, the City Council hereby publicly expresses the gratitude and appreciation of all to Dennis R. Kraft for his years of meritorious and dedicated service. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 6, 1996 Mayor Jeff Henderson called the meeting to order at 7:03 P.M. with Councilmembers Burl Zorn, Robert Sweeney, and Clete Link Present. Councilmember Jane DuBois was absent. Also present: Dennis R. Kraft, City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Community Development Director; and Gary Morke and Cole VanHorn, members of the Economic Development Authority. The following items were added to the agenda: 9c) Lawsuit against H.R. Spurrier and Settlement Proposal, 14a) Resignation of City Administrator, 14b) Initiate Process for Replacement of City Administrator, 14c) Litigation Up-date, 14d) Zoning Notification, 14e) O'Dowd Lake Up-date, Street Light on Marschall Road. The following item was deleted from the agenda: 15) Executive Session. Zom/Link moved to approve the agenda as modified. Motion carried unanimously. Mayor Henderson recessed for an Economic Development Authority meeting at 7:05 P.M. Mayor Henderson re-convened the meeting at 7:44 P.M. Mike Beard, 8434 Horizon Drive, Suburban Transit Authority Association liaison, approached the podium. He gave a brief background on the history of cities who are opt-out cities receiving transportation tax to spend on their own transportation. He also reviewed recent events at the Met Council relating to opt-out legislation as well as recent events of the Suburban Transit Authority Association. He reported that there has been a split in the Association and asked if Shakopee would be prepared to hold its own Truth in Taxation hearings and levy its own taxes should legislation allow this. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone in the audience who wished to address the Council on any matter not on the agenda. Mat Lehman, 815 8 Avenue E, approached the podium and inquired as to the status of the Community Policing concept. He asked if the City Council, past or present, has any goals, plans or strategies in place to achieve those goals. He asked if additional manpower was necessary to implement the program and stated that he looks toward the City Council and the Shakopee Police Department to put a plan in place to be a role model for the community to follow to make the community better altogether, and that he is willing to work with the police department on this. Official Proceedings of the February 6, 1996 Shakopee City Council Page -2- Cncl. Sweeney explained that the plans to move forward are under the control of the Chief of Police, that the City Council endorses the concept of Community Policing. Mr. Kraft was directed to contact the Chief of Police for an up-date on the program. Mr. Lehman was directed to contact the Chief of Police with any input for the program. Terry Kosse, 314 S Scott, Owner Kosse Studio, approached the podium. She explained that the property had been closed on and asked if she (as a renter) might be released from the lease obligation early. She explained that she had been instructed by the relocation representative that the lease would not be a problem once the property was purchased (by the City). Ms. Kosse stated she had moved ahead as directed and after making a purchase offer on another site was informed of a change in plans (relating to the lease). Mr. Kraft stated that he would look at the lease to find out what information has been transmitted and then contact the Kosse's. Sweeney/Zorn moved to approve the January 16th and 23rd, 1996 Minutes. Motion carried unanimously. Zorn/Sweeney moved to receive and file a letter from Michael Jensen regarding Blocks 3 & 4. Motion carried unanimously. Mr. Kraft explained that individuals of watershed districts must be residents of the districts they are appointed to. He suggested recommending the appointment of James Laabs or to receive and file the correspondence regarding the appointment of a manager to the watershed district board. Link/Sweeney moved to request the re-appointment of James Laabs as Manager to the Prior Lake/Spring Lake Watershed District Board. Motion carried unanimously. Sweeney/Zorn moved to table discussion relating to the lawsuit against H.R. Spurrier and his settlement proposal until the next meeting when the City Attorney is present. Motion carried unanimously. Mayor Henderson opened the public hearing on the 1996 Street Reconstruction Project. Bruce Loney identified the project area using a color-coded map and explained the proposed elements of the project. He stated that 5th Avenue, from Fuller Street to Holmes Street, should be deleted due to pending County Courthouse expansion and its associated impact to this street. In addition, 7th Avenue from Sommerville Street to Spencer Street should also be deleted due to its recent pavement overlay and good pavement condition. Official Proceedings of the February 6, 1996 Shakopee City Council Page -3- Mr. Loney explained that Shakopee Public Utilities Commission (SPUC) is considering assessing either 25 percent of the total watermain cost including services to benefiting properties or to assess 100 percent of the service line cost to benefiting property owners. Mr. Loney stated that a formal policy is necessary by the time the assessment roll is prepared and before the assessment hearing. Mr. Loney stated that there are some blocks which have partially completed sidewalk mutes that should be completed or eliminated depending upon whether the sidewalk serves a public purpose. He recommended that the existing sidewalks be removed and not replaced with this project. Discussion followed. Joe Adams, Administrative Assistant SPUC, approached the podium and gave a brief history of SPUC's funding for new and reconstructed watermains. He stated that SPUC would like to request the Council to make assessments on watermain reconstruction work but that they have not yet formalized a policy. In response to a question as to why a 25 percent assessment is necessary, Mr. Adams explained that the funding source is the operating fund for utilities and the rates were not set for a replacement program as aggressive as this. The operating fund is being drawn down. He stated that if the assessment does not occur it would be necessary to increase water rates to balance the fund. A discussion ensued explaining the operating fund, trunk over sizing fund, and the connection funds. Mayor Henderson asked if anyone in the audience wished to address the City Council on this issue. Larry Mechtel, 1672 6th Avenue W, regarding property on 7th Avenue East, approached the podium. He stated that some property owners have spent a considerable amount of money to put dead lots into taxing property by putting in private sewers. He felt he would be assessed again to correct an error made by the City. He opposed being assessed. There being no further comments from members of the audience, Mayor Henderson closed the public hearing. Mayor Henderson recessed for a break at 8:50 P.M. Mayor Henderson re-convened the meeting at 9:08 P.M. Cncl. Sweeney stated that he would be abstaining from discussion relating to 5th Avenue from Fuller Street to Holmes due to a conflict of interest. Official Proceedings of the February 6, 1996 Shakopee City Council Page -4- Marty Glenn, 128 W 5th Avenue, approached the podium to express his concern regarding the County plans for 5th Avenue. He stated that widening the street to 44 feet would affect properties on the east side of Holmes Street. He was also concerned about work to be done on 5th Avenue and the County coming back in a few years to tear up the street to re-do work in the area. New sidewalks were put in a few years ago and he inquired as to a credit for them. Discussion ensued relating to a joint meeting with SPUC to discuss assessments for the reconstruction of the watermains. Zorn/Sweeney moved to direct staff to arrange a joint meeting with SPUC to discuss watermain assessments. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4384, A Resolution Ordering An Improvement And The Preparation of Plan and Specifications for the 1996 Reconstruction Project, 1996-2, and moved its adoption. Motion carried unanimously. Motion carried unanimously. Sweeney/Zorn moved to direct staff to prepare the plans to remove existing sidewalks and not replace the sidewalks on 7th Avenue, from Lewis Street to Sommerville Street and Shakopee Avenue, from Lewis Street to Sommerville Street. Motion carried unanimously. Sweeney/Link offered Resolution No. 4381, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 4206, Creating an Economic Development Authority by Changing The Membership of the Economic Development Authority, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered Ordinance No. 446, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 2, Administration and General Government, By Repealing Sec. 2.55, Community Development Commission, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered appeal Resolution No. CC-713, A Resolution of the City of Shakopee, Minnesota, Upholding The Decision of the Board Of Adjustment And Appeals To Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Approving the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, and moved its adoption. Discussion ensued relating to complaints by Ms. Koehnen. Mayor Henderson urged the City Administrator to contact the Chief of Police and inform him of the Council's interest in this matter. Motion carried unanimously. Official Proceedings of the February 6, 1996 Shakopee City Council Page -5- Link/Sweeney moved to grant the developer of Riverview Estates 2nd Addition an extension of the 12 month time period for requesting approval of a Final Plat by an additional 12 months. Motion carried unanimously. Judith Cox stated that the applications and insurance requirements are in order for off sale non- intoxicating malt liquor licenses (3.2 beer) from Twin Cities Stores, Inc., which has acquired the Brooks' Food Market chain, for two locations within the City of Shakopee. Zorn/Link moved to approve the applications and grant off sale non-intoxicating malt liquor licenses to Twin Cities Stores, Inc. dba Oasis Market at 615 Marschall Road and at 1147 Canterbury Road, upon the surrender of the existing licenses. Motion carried unanimously. Paul Bilotta stated that the City of Shakopee belongs to a local government information system association (LOGIS) which provides information services at a reduced rate. The group is at a point where they can provide internet access and world wide web access. He explained that there are potential threats and risks to providing access to the outside world. He stated that staff is not looking for new projects to take on at this time, but interested in knowing whether or not the Council has a desire to continue to pursue this further. Mayor Henderson offered his services and support in forming and serving on a task force for further study. Gary Morke, 1042 Merrifield, approached the podium. He stated that many cities are using the internet. Mr. Morke stated that he felt a study group would be a good idea and volunteered his services for input on the committee. Zorn/Sweeney moved that a task force be formed by the Mayor to include Mr. John Brekke and Mr. Gary Morke as well as the Mayor to determine any added value of the Internet access and cost to culminate during budget discussions for inclusion in the 1997 budget. Motion carried unanimously. Bruce Loney stated that plans are currently under way for the collector street width for Sarazin Street Project No. 1996-1 with a deadline for completion of June 30, 1996. He explained that Sarazin is designated as a collector street in the Comprehensive Plan. Current subdivision regulations for a minor collector streets require a 44 foot width with an 80 foot right-of-way. This issue was brought to the subdivision review committee's attention. The committee discussed this issue and voted in favor of using the current subdivision regulation for a collector street in which the street width would be 44 feet. Mr. Loney stated that the future traffic volume is estimated to be approximately 5,200 vehicles per day. He explained that there are two options including a 44 foot street width. One option would include two lanes with 10 foot parking lanes or safety shoulders. The second option includes a Official Proceedings of the February 6, 1996 Shakopee City Council Page -6- three lane with two through lanes and a common turning lane with no parking. The cost difference between a 36 foot wide street and a 44 foot wide street is approximately $8,000. Bruce Pankonen, Land Acquisitioner Orrin Thompson Homes, 8421 Wayzata Blvd., Golden Valley, approached the podium. He stated that he has an interest in a 70 acre parcel East of Sarazin. He stated that the roadway should be 36 feet wide. He did not feel that Sarazin Street qualified as a collector street based on traffic studies. Mr. Pankonen explained that a wider road would result in higher speeds. Jon Albinson, 5240 Valley Industrial Blvd. S. approached the podium and explained that he is a member of the Subdivision Review Committee and voted for the 44 foot roads. He stated his concern for staff's deadline of June 30, 1996. However, a 36 foot wide road with parking on one side or no parking on either side is sufficient to handle the expected traffic counts. Mr. Bikotta stated that from a zoning perspective, for the last 20 years it has generally been expected that a use the size of a hospital should provide its own parking. Link/Sweeney moved to direct staff to use the existing 44 foot Subdivision Ordinance street width for collectors on Sarazin Street. Motion carried unanimously. Sweeney/Link moved to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 S. Atwood for February 17, 1996. Motion carried unanimously. Link/Zorn moved to approve the bills in the amount of$251,754.20. Motion carried unanimously. Bruce Loney stated that the Engineering Department is requesting Council approval to begin a consultant selection process to assist the Engineering Department in its engineering needs. He explained that the City previously had three consultants under contract for a three year period to provide those services. OSM has been the main consultant for the past year for surveying and project design. Another option would be to approve a consultant on a case by case basis and individual contracts. Discussion followed. Sweeney/Zorn moved to authorize staff to begin a consultant selection process to qualify consultant firms to work in the City of Shakopee for a period of three years and to include Scott County specifically. A discussion ensued regarding the advantages/disadvantages of a three year contract. Motion carried unanimously. Official Proceedings of the February 6, 1996 Shakopee City Council Page -7- Mark Huge, Fire Chief, approached the podium to request approval to hire three firemen. He stated that they have not hired anyone for two years and are currently down to 37 firefighters. He explained that a mix of new, semi-experienced and experienced people is preferred. Cncl. Sweeney stated his concern for not coming up with fire fighters who are not male. Mr. Huge stated that of the 11 applications from Scott County three were female. He explained that the female applicants were lost through a three phase process of elimination. He stated that the City Attorney has reviewed the oral process and approved it. Mr. Huge stated that he has given thought to a job fair in the spring to solicit additional applicants. Link/Zorn moved to approve the hiring of James P. Berger, Paul D. Laxen and Alan L. Hentges as Shakopee Fire Fighters. Motion carried unanimously. Dennis Kraft stated that Krucial Data Supply is requesting a monthly lease payment be reduced to $125.00 per month (all inclusive) based on the fact that his business was in the process of down- sizing their operation. Sweeney/Link moved to authorize the appropriate City officials to amend the lease agreement by and between the City of Shakopee and Krucial Data Supply in the former City Hall facility with monthly rent payment in the amount of $125.00 (all inclusive) retroactive to January 1, 1996. Motion carried with Cncl. Zorn dissenting. Dennis Kraft stated that he had met with the Board of Directors of the Scott Joint Prosecution Association and reported that they are quite interested in providing prosecution services for the City. He asked for cost figures and it was estimated that Shakopee had 29 percent open cases in 1995. Based on this the estimated gross expenses for 1996 would be $80,206.00. It is anticipated that fine revenues would result in a much lower net expenditure. Mr. Kraft stated that he had also discussed the possibility of their hiring a clerical person from the City. Zorn/Link moved to direct the City Administrator to meet with the Board of the Scott Joint Prosecution Association and finalize necessary matters in order for the City to become a full member of that Association. Motion carried unanimously. Judith Cox stated that a number of applications have been received for nominations to Boards and Commissions. She explained that the nominations for the CDC should be disregarded as it has been abolished. Sufficient applications were not received at the time of the memo to allow the appointment of three citizens to the Board of Review. Therefore, there is still an open position. Additional applications have since been received from Robert Geyen and Steve Smith. Official Proceedings of the February 6, 1996 Shakopee City Council Page -8- Sweeney/Zorn moved to make nominations to Boards and Commissions as follows: to Planning Commission and Board of Adjustment and Appeals: Edward L. Meilleur, Todd Bladow, Mary Romansky, Joan Lynch, Jon Brekke, Bo Spurrier and Gerry Wolner; to Park and Recreation Advisory Board: Dolores Lebens, John Tieben, Paul TenEyck, Dean Shanner and Jeffrey G. Kaley and Robert F. Geyen; to Shakopee Public Utility Commission: Dolores Lebens, John Engler, Joan Lynch, Terry O'Toole, James Bastyr and Joseph L. Wolf; to Police Civil Service Commission: Richard T. Mulcrone, Mathew Lehman and Robert F. Geyen; to Cable Communications Advisory Commission: James A. Bastyr, Bill Harrison, Don McNeil, Robert F. Geyen, and Steve Smith; to Shakopee Community Access Corporation Board of Directors: James A. Bastyr, Bill Harrison, Don McNeil, Robert Geyen and Steve Smith; to Building Code Board of Adjustments and Appeals and Housing Advisory &Appeals Board: Robert A. Turek; to Board of Review: Eldon Reinke and Richard Marks. Motion carried unanimously. Mr. Kraft stated that an Ordinance that will allow the City staff to review applications for licensing of pawnshop employees without City Council action was created as directed by Council. Zorn/Link Offered Ordinance No. 444, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulation And Licensing, Sec. 6.03, Action On Application For License, By Repealing Subd. 1, Granting, And Adopting One New Subdivision In Lieu Thereof, Relating To The Same Subject, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Ordinance No. 445, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 1, General Provisions And Definitions Applicable to the Entire City Code Including Penalty For Violation, By Repealing Sec. 1.12, Incorporation By Reference, And Adopting One New Section In Lieu Thereof, Relating to the Same Subject, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4383, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Prior Lake Lions Club, and moved its adoption. Motion carried unanimously. Zorn/Link offered Resolution No. 4385, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permit for the Knights of Columbus #1685, and moved its adoption. Motion carried unanimously. Sweeney/Link offered Resolution No. 4382, A Resolution Changing The March 5, 1996 Council Meeting Date(to Tuesday, March 12th), and moved its adoption. Motion carried unanimously. Link/Sweeney offered Resolution No. 4386, A Resolution Of Support For The Development Of An Expanded Campus At The Existing Scott County Courthouse Site, and moved its adoption. Official Proceedings of the February 6, 1996 Shakopee City Council Page -9- Discussion ensued regarding the endorsement of the intent to cooperate. Motion carried unanimously. Mr. Kraft stated that he has accepted the position of City Manager for the City of Robinsdale and requested the Council to approve March 8, 1996 as his last day of employment. He explained that he has provided information to the Council as to who is authorized to fulfill the duties of the City Administrator. Sweeney/Zorn moved to accept the voluntary resignation of the City Administrator, Dennis R. Kraft, effective March 8, 1996, with regrets. Motion carried unanimously. Mr. Kraft stated that he has provided three alternative courses of action for the Council's use in filling the City Administrator vacancy and the advantage/disadvantage of each option. In addition, he suggested the City Council establish a position profile and identify the major responsibilities of the position, identify priorities that they believe need to be addressed in the next two years, and identify the specific characteristics they are looking for in a new City Administrator. A list of publications in which to advertise the position should also be identified, whether that be metro, state, or national. Mr. Kraft recommended all three, if not then state wide, tapping into a League of Cities publication. Link/Zorn moved to have the City Council appoint an ad-hoc committee with a specific responsibility of advertising for a city administrator, screening candidates and making a recommendation to the City Council for hiring. Discussion ensued regarding the time commitment and the process involved. Mr. Kraft stated that he would contact the Scott County Personnel Department and discuss having them handle the initial massive number of applications. Motion failed with Councilors. Sweeney, Link, and Henderson dissenting. Zorn/Sweeney moved to table discussion (on how to fill the city administrator position) to Tuesday, February 13th, to allow Mr. Kraft time to obtain additional information from Scott County Personnel. Motion carried unanimously. Dennis Kraft gave a litigation up-date. He stated that the Federal Eighth Circuit Court of Appeals gn banc has denied the petition to hear an appeal from the U.S. Attorney that the Indian Reorganization Act of 1934 was unconstitutional. It was Mr. Kraft's understanding that this means that within the 8th Judicial District there will not be any land going into Trust at this time. He stated that this will be monitored as it may impact the City of Shakopee. He also stated that the Minnesota Court of Appeals affirmed the Scott County District Court's ruling in favor of Shakopee in the Lebens-Link versus the City of Shakopee Lawsuit. Official Proceedings of the February 6, 1996 Shakopee City Council Page-10- Mayor Henderson stated that citizens of Shakopee are concerned that businesses are going up next to homesteads or apartment buildings. In meeting with these citizens the problem seems to be "no one told me about the zoning for the adjacent lot". He asked for direction for staff to explore the possibility of creating a City Ordinance requiring zoning disclosure within a set distance at the time of sale, with the notification to include a description of what the zoning is. Sweeney/Zorn moved to direct the appropriate City officials to explore the creation of a City Ordinance requiring zoning disclosure within a set distance at the time of sale, including a description of the zoning. Motion carried unanimously. Mr. Kraft reported that he had contacted the chair of the Louisville Township Board, and the Clerk's wife. He discovered that Louisville has been providing insurance for aerators on Thole Lake but not on O'Dowd Lake. The City of Shakopee's insurance company was contacted and advised not providing any electricity until the City owned the aerators. A field check was then conducted and a utility pole was found to be located in the Louisville township. He stated that ownership must be discovered as the City needs a bill of sale in order to insure the aerators. Cncl. Zorn stated that it has been brought to his attention that the lighting on Marshall Road is inadequate and he requested that staff explore the possibility of improvement with the use of County funds and that this be an agenda item in two weeks. Zorn/Sweeney moved to direct staff to explore the possibility of improving the lighting on Marshall Road by the use of County funds and that this be an agenda item in two weeks. Motion carried unanimously. Sweeney/Zorn moved to adjourn to Tuesday, February 13, 1996 at 5:00 P.M. The meeting adjourned at 11:00 P.M. . e/)6 'th S. Cox • ty Clerk Esther TenEyck Recording Secretary 7 _ ...,„ ., SUBURBAN TRANSIT ASSOCIATION POSITION PAPER ON THE TRANSIT FUNDING SOLUTION The STA (Suburban Transit Association) supports the current system of using the local property tax as the funding source for local transit needs. However, the STA believes there is inadequate funding to meet the transit and transportation needs or the future. Therefore, the STA encourages the legislature to enact legislation which would provide an additional source of funding which is stable and encourages local accountability and controL , I • LIV:Imn:1040_1.Wtla E Redainp A tVOR Tradition Meer 1P34I" Shakopee Office /� 9� 32?S.Marschall Rd. Suite 300 Shale xe,MN 55379 Office: 214M,efit 196 (612)445'6400 ,/� FAX: ��''` " (612)445-8252 ,1161-46r117 L.te,e "tee./ 4,--€17a--- 7-L;74-istix'''''),.fr'' - � c - * We, -0/1-e') / - , / 4,404 ),4r—aeet— i 4fe7 • Weet.i yfrfa , C" v1 Eg 15 1996 It;all IR\ T " t ?442-- RECOMMENDED ACTION: Accept the resignation of Jane DuBois from the Planning Commission effectively immediately. Cr • MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Community Arts Council DATE: February 15, 1996 INTRODUCTION: The Shakopee Community Arts Council is requesting City Council approval to utilize the buildings recently required within Block 3 for a Shakopee's Art Festival. BACKGROUND: Attached is a correspondence from representatives of the Shakopee Community Arts Council. The Shakopee Arts Council is proposing to promote an arts festival between April 8th- 12th. The concept is to exhibit art work of local artists during the festival. The Arts Council is requesting that the first floor areas of the buildings recently acquired in Block 3 be utilized for the arts festival. Representatives from the Arts Council have agreed to accept responsibility for preparing the space for public use as well as supervising the spaces during the festival. It is anticipated that by April 6th, the City will have four buildings that could be utilized for this event. If City Council agrees to allow access to the space in question, staff would recommend that it be conditioned upon the Arts Council submittal of a certificate of insurance for liability insurance in the amount of$600,000 naming the City of Shakopee as an additional insured. Due to the limited nature of the event and the willingness of the Arts Council to take on responsibility for preparing the space, cleaning the space, supervising the space and securing it during the arts festival, staff does not feel it would impose any hardship on the City. In fact it would be a means to bring people into the downtown area for a special event. Staff is seeking Council input regarding the proposed concept. Representatives from the Arts Council will be present at the meeting on February 20, 1996 to answer any questions from Council. ALTERNATIVES: 1. Approve the use of the property acquired by the City in Block 3 for the Community Arts Council Art Festival during the week of April 8th- 12th contingent upon the submittal of a certificate of insurance for liability in the amount of$600,000 naming the City of Shakopee as an additional insured. 2. Do not approve the Shakopee Community Arts Council request to utilize the buildings located within Block 3. 3. Identify another site for the arts festival (Community Center) for use by the Arts Council for their event. 4. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to approve the use of the property acquired by the City in Block 3 for the Community Arts Council Art Festival during the week of April 8th- 12th contingent upon the submittal of a certificate of insurance for liability in the amount of$600,000 naming the City of Shakopee as an additional insured. February 8, 1996 Barry Stock Assistant City Administrator 129 Holmes Street South Shakopee, MN 55379 Dear Mr. Stock, In representation of the Shakopee Community Arts Council (SCAC), we request access to city-managed spaces of Block 3 for the 1996 ShakopeeArea Festival f Arts. The Arts Council proposes to promote the Arts Festival, exhibit art work of local artists during the Arts Festival, and host reception(s) for community members attending Festival events within the mentioned space. If allowed access, SCAC will accept responsibility for preparing the spaces for public use as well as supervising the spaces during, and securing the spaces following, Festival events. The Festival is scheduled for April 8-12, with preparations in progress. SCAC's mission is to promote the awareness, participation and appreciation of the arts within the community of Shakopee; Block Three's location and space would be great contributions to efforts to accomplish this mission. To contact SCAC with questions or a response, please call Joel Cole at 496-2705, or myself, at 445-1167. Your consideration is appreciated and we look forward to hearing from you. Sincerely, A1A-21 GP/\,-' C\ Steven Anthony Smith Jdel Cole Treasurer, SCAC PEesident, SCAC Cr A Newsletter of the Shakopee Community Arts Council Volume I, Number 1 December 1995 The Shakopee Community Arts Council promotes the awareness,participation and appreciation of the arts. - Shakopee Community Arts Council Mission Statement President's Input Meeting minutes: Message Requested: November27,1995 We would love to have $'�p.m. Pearson Elementary was nominated SCAC members, any members share their ideas, Steve Smith and unanimously elected for supporters of the arts, and interests or projects with the and u unanimously community members; rest of the organization through the newsletter. If you Mystic Lake needed a$100 Iwouldliketointroduce deposit for the banquet. A have thoughts or articles that you to the Shakopee Community Arts Council (SCAC) -- an you would like to see in print, in 'the next will be coming out week including by- organization interested in the please send them to: laws, application,news and comprehensive promotion of SCAC Newsletter opportunityforticketsforazts arts in our community. Continued on page 2 Continued on page 2 I Formed to combat the k : : 9 '��-:: 4 : °r :r;< I A �, :�•�. � � .� � 70, . ��• 1, cultural and artistic void•in our ; "` x{> {%{ f area,SCAC's goal is to heighten µ "'1''.17 1 , "„ } awareness, sensitivity to, and :�$:�• ,! »} }>' appreciation for all forms of °.; " f.> sr `, o;; : r artisitc expression. To do this, ': } f { we have chosen a charter event r , ;x <} }}m catered to the varied tastes of }� ,$ inn } T # our cit , ' f{ ; gi .::.f.%,: The"Festival of Arts"is %i��f << "'f a 5 event week-long celebration •:. �'•::• of unique,inspiring art.For one Y '�;, � •, week the public will have the � �. : �: :,� }, •, .r} OOM i'r}: i i h S ESP ianii opportunity of experiencingdifferent the :v .:.; ; r ;�, ,:',f�;4{ performances of four f v ASfit:; Continued on page 2 :�'. %r f�:< Y fhv : . : r M/ l r :n'i:.r::i :. :::.;;;••-. '-• $' ,r.:Y j ••5/}:•'U4 `. 111 President's Message Input Continued from page 1 Remember: Continued from page 1 Arts Festival tickets artist groups or individual 915 South Fuller St are available by writ- artists.Each event is sponsored Shakopee,MN ing: and funded through the Council 55379 and promises to draw large 915 S.Fuller St audiences.Come experience the This isthe time tovitalize pulse connecting these events-- the Shakopee arts community Shakopee,MN 55379 a pulse that grows stronger each by a free and lively exchange of Package deals are $35 night as the festival nears its artistic thoughts and ideas, and g final event: The Fesival of" Arts g including photos and the newsletter is one way of tickets to the entire Recognition Banquet held in the doing this.Don't be shy! festival. Grand Ballroom at Mystic Lake Casino. Tickets are already available for this art • • • • • • • • • • • • • • • • • • extravaganza. See enclosed It is still possible to request form. Meeting minutes apply for grants Memberships to the Continued from page 1 through SCAC for participation in the Shakopee Community Arts festival. Arts Festival. Grants Council are also available.Please The festival dates were will still be received see enclosed membership changed to the week of and reviewed, so if application form if you would Monday, April 8 through you are interested like to support the arts in Friday April 12 instead of contact SCAC at the Shakopee by becoming a SCAC three different weekends, above address as soon member with the banquet still being as possible. Thank you for your held at Mystic Lake on the interest and support. Let art 12th. come alive...become a member! Proposal deadline for festival projects will be Sincerely, January 15th,with a decision ::,: ' ` Joel Cole,President reached after the annual meeting in February about which will be accepted. The annual meeting of the general council membership The aim of art is to will be Tuesday February 6 represent not the at 7:00 at Pearson. WI outward appearance Banquet tickets will be $25 of things, but their for the banquet and print inward significance. package or $35 for the banquet, print package and - Aristotle all events. SHAKOPEE COMMUNITY ARTS COUNCIL MEMBERSHIP APPLICATION The Shakopee Community Arts Council is a nonprofit organization devoted to expanding the arts in the Shakopee area. The goal of the SCAC is to promote visual, performance, and literary artists through events which the entire community may participate. LET ART COME ALIVE . . . BECOME A MEMBER ! MEMBERSHIP BENEFITS In return for your support, you will receive: -Newsletters containing the latest SCAC news -Information on SCAC art events -Reduced admission fees to SCAC sponsored events MEMBERSHIP APPLICATION Please complete form below and send a check payable to: Shakopee Community Arts Council 915 S. 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Memberships are valid for one year from the month of application. 11 BY LAWS OF THE SHAKOPEE COMMUNITY ARTS COUNCIL MISSION STATED/SET The Shakopee Community Arts Council promotes the auwareness,participation and appreciation of the arts. ARTICLE I OFFICE The registered office of the Shakopee interest of the Council would be served. Community Arts Council shall be... SECTION 4:VACANCIES:A vacancy in any office may be filled by ARTICLE II MEMBERSHIP SECTION 1:MEMBERSHIP:A the Board of Directors to complete the remainder of the term. member of the council is any organization or individual who pays SECTION 5 DUTIES:The duties of the officers are as follows: an annual membership fee established by the board of directors. President The President shall be the principal executive officer of SECTION 2:VOTING:Each member shall be entitled to vote at the Council.shall preside at all meetings of the members and of meetings of the Council during any year for which dues have the Beard,and shall see that all orders and resolutions of the been paid.Each member or organization is entitled to one vote Board of Directors and the membership are accomplished. regardless of classification. Vice President:The Vice President shall act in place of the SECTION 3:MEMBER CLASSIFICATION:There are four President in the event of his or her absence,or inability or refusal classifications of membership:a)Organized Art Groups:Groups to act.In addition,the Vice President shall exercise such other whose members meet on a regular basis in connection with their duties as may be required by the president or the Board of particular discipline b)Artists/Performers:Any individual Directors. engaged in performanc,visual or literary arts c)Arts Advocates Secretary:The Secretary shall record the votes and keep minutes and Supporters:Any organization or individual who supports the of all meetings and proceedings of the Board of Directors and of purposes of the Council.d)Students:Any individual 25 years old the general membership,see that all notices are given as or younger enrolled in an educational institution. required,be responsible for and in charge of the custody of the SECTION 4:RIGHTS OF CLASSIFICATION:There shall be no corporate records.keep appropriate current records showing the differences in the rights of membership among the classification members of the Council together with their addresses,and of membership. perform such other duties as are required by the president or the SECTION 5:SIZE OF COUNCIL:There shall be no limit upon the Board of Directors. number of members. 'Treasurer:The Treasurer shall receive and deposit In appropriate SECTION 6:COMPENSATION:No member shall be paid a salary bank accounts all Council monies and shall disburse such funds or other compensation for services as a member.However,when es directed by resolution of the Board of Directors,shall co-sign authorized by a majority of the Board of Directors.present and all checks of the Council,shall keep proper books of accounts, voting,a member may be reimbursed for reasonable and shall prepare an annual budget and statement of income and necessary expenses incurred for the Council.Any person may be expenditures to be presented to the membership at its regular compensated a fair and reasonable amount for services rendered annual meeting and shall perform such other duties as required on behalf of the Council. by the president or the Board of Directors. ARTICLE III MEETINGS OF MEMBERS SECTION 1:ANNUAL ARTICLE VI COMM TTEES The Board of Directors shall appoint MEETING:The annual meeting of members shall be held each such committees as are deemed appropriate in carrying out the year during the month of February for the transaction of such purpose of the Council. business as may come before the membership,on a day to be ARTICLE VII CHECKS.DEPOSITS.FUNDS AND CONTRACTS specified by the Board of Directors. SECTION 1:CHECKS,DRAFTS.ETC.:All checks,drafts or orders SECTION 2:SPECIAL MEETINGS:Special meetings may be for the payment of money issued in the name of the Council shall called at any time by the Board of Directors or by petition of at be signed by the Treasurer and President. least 1/3 of the members. - SECTION 2:DEPOSITS:All funds of the Council shall be SECTION 3:NOTICE OF MEETINGS:Written notice of each deposited to the credit of the Council in such banks.trust meeting of the membership shall be given by the Board of companies or other depositories as the Board of Directors may Directors by mailing a notice to each member at least seven days select or authorize to be selected.Whenever possible,such prior to the meeting.Such notice shall specify the place,day,and deposits shall be with financial institutions located in the hour of the meeting and in the case of a special meeting,the Shakopee area provided that such institutions are competitive purpose of the meeting.Any such notice shall take effect upon with others outside the area. delivery to the member or a person residing with the member or SECTION 9:GIFTS:The Board of Directors may accept on behalf upon deposit in the United States Mail,postage prepaid.and of the Council any contribution.gift,bequest or device for any addressed to the member at the last address registered with the purpose of the Council. Council. SECTION 4:CONTRACTS:Any contracts entered into in the name SECTION 4:QUORUM:The number of members present at any of or on behalf of the Council must be approved in advance by the meeting shall constitute a quorum. Board of Directors.All contracts will be cosigned by the President ARTICLE IV BOARD OF DIRECTORS SECTION 1:NUMBER, (or the Vice the president's absence)and either the Secretary or TENURE:The affairs of the Council shall be managed by a Board the'Treasurer. of eight directors.At the first annual meeting of the Council.the SECTION 5:LOANS:No loans shall be made from Council funds members shall elect two directors from each member at any time except upon approval of the Board of Directors. classification;one of which shall be elected for a term of two SECTION 6:INVESTMENTS:The Treasurer shall invest Council years.and one of which shall be elected to a term of one year. funds in accordance with sound investment practices. Thereafter,the terms of each director shall be for a term of two ARTICLE VIII FISCAL YEAR The fiscal year of the Council shall be years and one director per year shall be elected from each the calendar year. member classification.Nominations for election to the Board of ARTICLE DC BOOKS AND RECORDS The Council shall keep Directors shall be made by a Nominating Committee,and/or by correct and complete books and records of account and shall also nominations from the floor at the annual meeting.The keep the minutes of the proceedings of its members and Board of Nominating Committee shall be appointed by the Board of Directors. Directors. ARTICLE X AMENDMENTS TO BY-LAWS These by-laws may be SECTION 2:REMOVAL.:Any director who has three consecutive amended.repealed or altered,in whole or in part by a vote of 60% unexcused absences or four unexcused absences during any of members attending an annual meeting or a special meeting twelve month period maybe removed from the Board of Directors called for that purpose.Proposed changes will be furnished with by a majority vote of Directors present and voting at a meeting. notice. SECTION 3:VACANCIES;A vacancy in any Board seat may be ARTICLE JIT POLICY STATEMENT MENI The Council shall act in filled by the Board of Directors to complete the remainder of the accordance with the provisions of the following policies: term. 1)The Council will interface with the general public,business and SECTION 4:MEETINGS:Board meeting are by the directors, commercial entitles.schools and governmental bodies toomote and by a majority of the board.Notice of regular meetings need the purposes of the Council and to ensure access to the arts for not be given.Special meetings of the Board may be called by or at all residents in the area.2)The Council will work with member the request of the President or any two directors.Notice of any organizations and Individual artists/performers in promoting the such special meeting shall be mailed to each director at least five efforts of such group or Individual.3)The Council will solicit and days prior to the day of such meeting or delivered personally or encourage charitable contributions and grants to achieve its by telephone at least three days prior to the day of such meeting. purpose. Waiver of notice may be given by individual directors. SECTION 5:QUORUM:A majority of the Board of Directors shall constitute a quorum. SECTION 6 COMPENSATION:Rules for members set forth in Arcade III hereof apply to directors. ARTICLE V OFFICERS SECTION 1:OFFICERS:The officers of the Council shall be a president,a vice president,a secretary,a treasurer and such other officers as the Board of Directors may create.All officers shall be members of the Board of Directors and shall be elected by the Board of Directors. SECTION 2: ELECTION AND TERM OF OFFICE:Officers shall be elected annually by the Board of Directors SECTION 3:REMOVAL:Any officer may be removed by a majority of the Board of Directors whenever,in its judgment,the best (2. MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Chuck Fuller, Shakopee Ballroom and Banquet Center DATE: February 16, 1996 INTRODUCTION: The City has received correspondence from Mr. Chuck Fuller, Shakopee Ballroom and Banquet Center. Mr. Fuller is interested in obtaining an on-sale intoxicating liquor license and is requesting that the city code be amended to allow for the consideration of an application for a license. BACKGROUND: Mr. Fuller owns and operates the Shakopee Ballroom and Banquet Center at 2400 East 4th Avenue. Mr. Fuller currently holds a 3.2 beer license and a set up license. Usual functions held at the Ballroom include wedding receptions, anniversary parties, public dances. When there is a private party (wedding/anniversary party) the hosts may bring in their own liquor and serve it to their guests without a license. Mr. Fuller desires to obtain a liquor license in order to compete in the market place and to have control over the distribution of liquor within his establishment. Prior to making application for an on-sale intoxicating liquor license, Mr. Fuller must over come two obstacles. 1) The city code and state law allow for 12 on-sale intoxicating liquor licenses for cities the population of Shakopee. The Shakopee City Code apportions the 12 licenses into three Classes. The Ballroom falls into Class I and there are no more licenses available in this Class. Mr. Fuller is asking that the City Council amend the City Code. 2) The zoning ordinance requires a conditional use permit to operate a restaurant and/or minor commercial recreation in the B-1 - Highway Business District. The Ballroom is located within the B-i zoning district and is grandfathered in as a minor commercial recreation. If Mr. Fuller applies for a liquor license, I have been advised that he must also obtain a conditional use permit to be in conformance with the current zoning ordinance. Shakopee Ballroom and Banquet Center February 16, 1996 Page -2- Before applying for a conditional use permit and a liquor license, I advised Mr. Fuller to ask City Council to consider amending the City Code to make another license availabe in Class I. If City Council deems it not in the best interest of the City to amend the City Code, then Mr. Fuller need not go to the expense of applying for a license or applying for a conditional use permit. Currently the City Code allocates on-sale intoxicating liquor licenses as follows: Class A: Restaurants or exclusive liquor stores under 4,000 square feet customer used floor area. Not more than seven (7) of these licenses shall be available for any license period. Class B: Restaurants or exclusive liquor stores which have over 4,000 square feet of customer floor areas. Not less than three (3) of these licenses shall be available for any license period. Class C: Hotel/motel restaurant/lounge which receives at least 50% of its gross receipts from the sale of food for consumption on the premises and which restaurant/lounge area contains a minimum of 4,000 square feet of customer floor area. The hotel/motel operation must have a minimum number of 100 guest rooms or 75 guest suites. Not less than two (2) of these licenses shall be available for any license period. Currently licenses are issued in the three classes as follows: Class A = 7 = 0 licenses remaining Class B = 1 = 2 licenses remaining Class C = 1 = 1 license remaining In order to increase the number of licenses that the City Council may issue, such a question would have to be put to a vote of the people. ALTERNATIVES: 1. Add a license to Class A from Class B. 2. Add a license to Class A from Class C. 3. Deny the request to amend the City Code RECOMMENDED ACTION: It is recommended that City Council discuss and decide whether or not they desire to make changes to the current apportionment of on-sale intoxicating liquor licenses. Direct staff to prepare the appropriate ordinance if a change is desired. February 12,1996 Mayor of Shakopee City Council City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Liquor Licenses Dear Mayor and City IIS Council: I am writing to request amending the city code to allow for an additional liquor license for The Shakopee Ballroom & Banquet Center. We need this to be able to compete in the market place. Thanks for your consideration, ak-A9-3 61).) Charles W. Fuller President Shakopee Ballroom & Banquet Center Inc. 2400 4th Av. E Box 406 Shakopee, MN. 55379 • fpCITY OF S •AkopE F FEB 1 4 1996 ryr , X31 IFOL MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney,Public Works Director ' SUBJECT: Shakopee Bypass Noise Variance on Construction Activities(Second Segment) DATE: February 15, 1996 COUNCIL MEETING DATE: February 20, 1996 INTRODUCTION: Attached is a request from Enebak, Inc. for a variance from the City's Hourly Reconstruction on Certain Operations, Construction Activities, City Code, Section 10.60, Subdivision D, that construction activities are permitted between the hours of 7:00 A.M. and 10:00 P.M. on any weekday or between the hours of 9:00 A.M. and 9:00 P.M. on any weekend or holiday. BACKGROUND: Enebak Inc. is the general contractor for the second segment of the Shakopee Bypass Project. The contractor will be starting work again on the Shakopee Bypass from Trunk Highway (T..H.) 169 to .4 miles west of County State Aid Highway (CSAH) 17. This request from the Contractor is for extended hours to accommodate a double shift of the truck hauling of material from County Road (C..R.) 79 to the east end of the project which is .4 miles west of CSAH 17. Enebak is proposing to Mn/DOT and the City of Shakopee to work beyond the City's ordinance and are as follows: Monday - Saturday (6:00 A.M. to 11:00 P.M.) until the load restrictions are placed on highways. Load restrictions usually are placed on highways in early March. This segment of the Shakopee Bypass from C.R. 79 to CSAH 17 has residential developments adjacent to the roadway construction, mainly the P&V Subdivisions, Homestead Ridge and Meadows Subdivisions. The residential properties east of C.R. 79 do have earth berms for noise mitigation constructed as part of the development construction or Mn/DOT Shakopee Bypass construction. The Council per the City Code, may suspend the operations of Subparagraph D of Subdivision 3 in Section 10.60 for a specific purpose at a specific location and for a specific length of time by Council action and by giving public notice of the nature and limits of such suspension. The Council has granted variances for construction activities such as the Minibypass Project and the 1st segment of the Shakopee Bypass and did grant a variance to Enebak, Inc. last year. If a variance is granted, staff would recommend the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City,the variance can be revoked at the discretion of the City Council. If Council grants a variance, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve a variance with conditions as outlined in the staff memo for the construction activities from C.R. 79 to the east end of the project and to allow construction at times and on days as determined by Council. 2. Approve a variance with conditions as outlined in the staff memo for the area west of C.R. 77 to T.H. 169. 3. Deny the variance. RECOMMENDATION: Staff does not have a specific recommendation as to the time extension since this is a Council policy decision. However, the Council has granted a variance in the hours of operation for the Bloomington Ferry Bridge and T.H. 169 and Minibypass Project from 6:00 A.M. to 11:00 P.M. in order for the Contractor to work double shifts. Ames Construction, Inc. on Segment 1 of the Shakopee Bypass received a noise variance from 6:00 A.M. to 11:00 P.M. by residential areas and from 5:30 A.M. to 2:00 A.M. in undeveloped areas. Previously a variance was approved last year to Enebak, Inc. from 6:45 A.M. to 10:00 P.M., Monday through Saturday. ACTION REQUESTED: Move to waive the noise prevention section of the City Code for Construction Activities (Section 10.60, Subd. 3D) to allow Enebak, Inc. to construct the Shakopee Bypass and to allow construction activities at times and on days as determined by Council and with conditions as outlined in the memo. BL/pmp ENEBAK iiiii _.+r. i Ar-1-1" ir '-........ '-.-' ..-.. . _- .5-1996 1 :45PM FROM EDEN PRAIRIE CONST 9411 5481 P. 2 , FEB 15 '96 07:37PM ENEBFK CONSTRUCTION P•4 e_-- -- _ re 0, 1111(cocum. MCIMIN CONSTRUCTIOD COMM ____, e-. .----d• P.O.Box468 - Northfield, Minnesota 55057 • 507-6454962 612-333-1307 February 14, 1996 Minnesota Department of Transportation 7333 Bryant Lake Drive Eden Prairie, Mie 55344 Attention: Mr. Mark Panek Regarding: S.P. 7005-57 Working Hours . Dear Mark: Enebak Construction Company requests a variance in work hours for the TH 101 By-Pass construction. I believe the normal working hours for Shakopee are 7300 AM to 10:00 PM, Monday through Friday and 9:00 AM to 9:00 PM on Saturday. We are requesting working hours of 6:00 AM to 11:00 PM, Monday through Saturday to accomodate a double shift for our trucking operation. l don't believe this will cause anyone any inconvenience se windows are not open at this time of the year. Please review and respond at your earliest convenience. K.:1.:41.0 Y4--621--. Kevin W. Haihfeld Project Manager . ' AE PEEMOI f 4 TO s itw "An Eoue! onnoftunity Emolover• RECEIVED To The Mayor and City Council: FEB 1 6 1996 241 that the final decisions regarding personel in he rec. dept. are sttiil' up ffooF SHAKOPEE grabs. I want you to know I've dad a ciance to meet the new guy, Ron S. He is very impressive in his knowledge and experience. Mark V1cQuillan on the other hand has no personality and is very vindictive. He has managed to loose all support from the organizations who his job is to work with. I support the new council's effort to make the city more efficient and their desire for community input. I urge you to get community input on your staffing decisions. Talk to the people who have worked with Ron. Both his staff and people who use the facility. Then interview the staff and the leaders of a I the youth organizations about Mark McQuillan. thin< then you can make a good decision — putting aside campaign paybacks. You owe it to the people you represent to get this information to make your decision. Even if you don't agree with my feelings about these two people, I think you have to agree my ideas of interviewing and getting the facts is a good one. Sincerely, A Shakopee citizen and taxpayer Memo To: Dennis Kraft,City Administrator From: Julie Baumann,Planner I, f' Meeting Date: February 20, 1996 i Re: Vacation of Drainage and tility Easement Introduction Bruce Heinz has submitted a letter requesting that the Public Hearing for the vacation of a drainage and utility easement located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat, be continued to the March 12, 1996 City Council meeting (Please see Exhibit A). This request is being made in order to allow additional time to resolve outstanding issues regarding the vacation. Staff Recommendation Staff recommends that the City Council accept the request to continue the Public Hearing for the vacation of drainage and utility easement located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat to the March 12, 1996, meeting. Action Requested 1. Open the public hearing. 2. Offer a motion to continue the Public Hearing for the vacation of drainage and utility easement located within the vacated right-of-way for Pierce Street between 3rd Avenue and 4th Avenue, directly west of Lot 10, Block 43, Original Shakopee Plat to the March 12, 1996, meeting, and move its approval. i:\commdev\cc\1996\cc0220\cphvac.doc EXHIBIT A MEMORANDUM DATE: February 15, 1996 TO: Julie Bauman FROM: Bruce Heinz RE: Vacation of Easement In regards to the vacation of the easement on the west side of Lot 10, Block 43, there is a public hearing scheduled for February 20, 1996. If possible, I would like to have the public hearing continued until March, 1996. Thank you. ReCelle° E6 151996 G�� OF SHAKOPEE C14) Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I 40, February Date: 20, 1996 Re: Vacation of Drainage and Utility Easement Discussion The City has received a petition from Bruce Reichstadt for the vacation of a drainage and utility easement measuring 10 feet in width by approximately 95 feet in length. This easement is located on Lot 3, Block 1, Meadows 7th Addition. A copy of the February 8, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the vacation request (Alternative No. 1). Action Requested Offer Resolution No. 4388, A Resolution Vacating A Portion of Drainage and Utility Easement Within Block 1, Meadows 7th Addition, and move its approval. is\commdev\cc\1996\cc0220\vacreich.doc RESOLUTION NO. 4388 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENT WITHIN BLOCK 1, MEADOWS 7TH ADDITION WHEREAS, a drainage and utility easement has been dedicated along the western property line, extending easterly 40 feet in Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the easterly 10 feet of this easement serve no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 20th day of February, 1996; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the eastern most 10 feet of the 40 foot drainage and utility easement along the western property line of Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota, excepting the northerly 5 feet and the southerly 5 feet of the easement, serves no further public need; 3. That the eastern most 10 feet of the 40 foot drainage and utility easement along the western property line of Lot 3, Block 1, Meadows 7th Addition, City of Shakopee, County of Scott, State of Minnesota, excepting the northerly 5 feet and the southerly 5 feet, is hereby vacated; 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I 11 I Meeting Date: February 8, 1996 Re: Vacation of Drainage and Utili Easements Site Information: Applicant: Bruce D. Reichstadt Property Owner. Bruce D. Reichstadt Location: 977 Aster Lane Current Zoning: Urban Residential (R-1 B) Adjacent Zoning: North: R-1 B Urban Residential South: R-1 B Urban Residential East: R-1 B Urban Residential West: R-1 B Urban Residential Comp. Plan: 1980: Agricultural Draft 1995: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction The City has received a petition from Mr. Bruce D. Reichstadt, for the vacation of a drainage and utility easement measuring 10 feet in width by approximately 95 feet in length. This easement is located at on Lot 3, Block 1, Meadows 7th Addition. The CityCouncil will hold apublic hearingon February20, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the drainage and utility easement that is being proposed for vacation. Exhibit C is a copy of the letter submitted by the applicant. Other agencies and city departments have reviewed this application information and staff has not received any opposition to this request. The draft 1995 Comprehensive Plan has designated this area as Single Family Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of drainage and utility easement. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easement. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easement. i:\commdev boaa-pc\1996\febo8pc\vac reic2.doc EXHIBIT A yG� . r-;-- , ., ,,a, , sit sit SI ' '04 21kurasum sa; - .. o . 01� ' s ��1t 8IL. � 'O rrial Bila fa — . ;'' - �" ,,..,�-1 . 1 Rr ill law gin , -,.d _ 1 ►� d� r.,.r,. 11110 d1111�o!!v I I . .4 _ Po f111d di58 11d set iup 74 . 041/10 IIII II ti Usti e aillrillia Oat 1IEddIli" MUM°Villa U� ' �; b 1 I ( 11100!► �© 11, _ d 11�11 .�ii iirld �� tra i�a - mai ��� �R1°1 i•1 11 k �� �ih In" aa� a a. :ia SI,—,,RE ..,.„MI �� in — ...-;-p.- -7-"1"— • • uw 11:1 ��,� .■!.... woo s... itt,., ,1!111! I I r ■.. rl ' Vii, tan a �0 = l do i =pm --s-,3's ,,,,i 34 ,9 f 5 t , a 1. vv . ' :.c UM ® 9 7' I` [ii 1 I I I I « I t t; ' I�I I f II F. au ' > alp, me• mr, Emu _. N j,c. ...„, —' __ R . ., .\ ,,, 1 m— 6 1 5 __;.a_ == -- `---r— al i�� - C.Frtxrwn ren T' DUCA J �.� �+ ��,, �_ �1{{�� ��{� `' soca os¢� �a to satll .s l�.sa -- —, �I -) Q :Ilia .. !. _ • 11K iI15L :1E 111f'1 = • '■ ® : - , rt . t , air mquaa 111111111110 s a MOM, ' I - a r , 3 _ <—� 3_ ►- 6 a 7 MB -, MU IMAM " � -< — atil t ■ x aAa , , a , ra , rz` a1, r`t , , s I• d1 W1111b mea ' pid. w ,�� �® I -14P . tgill airy1 Al, haat t fi - ; seri NI MILE X41•4 Q1� PIT. :' Via© � tim .Niak lama. ow NNW 11"0-4411 4,- O 1� R'i'.df f R Riss �� Ai •ci L, © �� C 1. 460%,.. 4p11 a e E , I' EICI . ••41'\` 4? D t v + 0 4024 ' dirk Asa* it.w.ffilliST0 0 la r -. t* oo. .ir.teu Jima INEEnni" II VI 4 -P -- VP' 1'---------7-7 t illruzi /1/!mak • ?r: is is Nm' ;f+' i3 ■ . I st ° r. 1 I iiiHe.„..,,,,,HI,WEJILL. ..- .___- I 1 1.../ -=--L moi_ f 1 . , ID -` 7ossw 1 - -- ' j � R2 11 . . _ _ - - ---- i - ,, , * -4` * EXIIIBIT B 2422 Enterprise Drive Mendota Heights. MN 55120 * PIONEER • LAND SURVCYDFIS • av►L ENCINEMS (612) 681-1914•Fax 881-9488 • engineering• • 1A,+0 rWJNtns • t�Nosc�r[ �nauitcis • 625 Highway 10 Northeast s. * • 81oine. MN 55434 4( .4( * (612) 783-1880•Fax 783-1883 Certificate of Survey for: Novak—Fleck, Incorporated House Address: Aster Lane. Shakopee. MN Model Name: Maplewood • / / / / A • / `r / S 4-- • • • 7J$ I,q AREA PROPOSED • o F so FOR VACATION . ;r. / % �.0 // • : j ` � / ti /... / to 4.1 3 e ,� /� e / P." N a ti ?s,00 o e / 4`,"? 11 1-ii bl / .1 , ._ .0 to / .41:''''V. o "i 3 8 p/ n .N ~Jo • N (p f: 3.• YaL ..!ffff::--- '7'? P •00 a.00 . Z /a J ! 0 I •: 1 _ - _ Jo1 1 � 1 , I J ! V II " o ! 053: � �,s•s3`- -31 J 1° Ni. �o ! • N. . ! I • 34.ro 1 135.00 O 1 ! S 82.33'27" E rte' 1 N 1 Li ,, p ! ! !- ! ttp 1 . ap • ge/- .46.64.d./.....) : x -_i_d _____Ir.....4..... _., kiy\01 I I1 0 .:( 1 • `V" -0 . 1 • 1 4i/.e,•�.• /'oo. j Jo ! ! '� t` 30/ I Jo 1 �►- • I 1 ) I GG (LGA .i :f9') OO 8 --II. 9_2, ru✓ . . PROPOSED HOUSE ELEVATION . gm° Denotes Existing Elevation 4th Level Floor Elevation: 783.05 • •7 Denotes Pr000sed Elevation _ _ _ __ __ .... ....... • EXHIBIT C S January 5, 1996 Shakopee City Council 129 Holmes Street South Shakopee, MN 55379 Dear Shakopee City Council Members, I have a Building Permit pending with the City's Engineering Department to build a deck onto the back of my house that will extend approximately 6 feet into the City of Shakopee's Drainage and Utilities Easement. The boundary of the current easement extends approximately 40' into our lot to approximately 10' from the back of the house. This makes the edge of the drainage ditch approximately 50'from the back of the house. The drainage ditch, which also contains a bicycle path, is approximately 10' deep by 30'wide. We have not encountered problems with flooding in the past three years that we have lived in this location. Even with the flooding experienced in this area in the spring and summer of 1993,there was never a concern with flooding of our lot or home. Also, because of the distance from the bicycle path to the house,there is no concern with the proposed deck being a hazard to bicyclists or pedestrians. I am requesting that the City Council consider my application for a Vacation of the Drainage and Utilities Easement. I request that the eastern boundary of the easement be moved approximately 10' or more to the west. This would allow for the required distance needed for the construction of the proposed deck and some "cushion"for possible future home improvements. I believe the City's Engineers have calculated the maximum distance that the easement boundary can be moved. I am sure that both the City Council and myself will be satisfied with their recommendation. Thank you in advance for your cooperation. Sincerely, - ' - r) . 4 5 1996 .2))4,1.&41,..k• Bruce Reichstadt 977 Aster Lane Shakopee, MN 55379 (612) 496-2649 /1)(t., Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I Date: February 20, 1996 Re: Preliminary Plat for Westwind 1st Addition Introduction James, Mary, and Jeff Monnens have submitted an application for approval of the Preliminary Plat for Westwind 1st Addition. The proposed subdivision is located west of Fuller Street and across from the Shakopee Civic Center. The proposed plat is 19.54 acres in size and includes forty-nine (49) single family residential lots. A copy of the February 8, 1996, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Preliminary Plat for Westwind 1st Addition, subject to conditions. 2. Modify the recommended conditions and approve the Preliminary Plat for Westwind 1st Addition. 3. Deny the Preliminary Plat for Westwind 1st Addition. 4. Table the decision for further information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended approval of the Preliminary Plat for Westwind 1st Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4389, A Resolution Approving the Preliminary Plat for Westwind 1st Addition, and move its adoption. i:\commdev\cal996\cc0220\ppweswnd.doc RESOLUTION NO. 4389 ' A RESOLUTION OF THE CITY OF SHAKOPEE APPROVING THE PRELIMINARY PLAT FOR WESTWIND 1ST ADDITION WHEREAS, James, Mary, and Jeff Monnens are the owners of said property; and WHEREAS, the property upon which the request is being made is legally described on Attachment 1; and WHEREAS, all notices of the public hearing have been duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. - WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary Plat for Westwind 1st Addition on February 8, 1996, and has recommended its approval; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Preliminary Plat for Westwind 1st Addition, described on Attachment 1, attached hereto and incorporated herein, is hereby approved subject to the following conditions: I. The following procedural actions must be completed prior to the recording of the Final Plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement for construction of required public improvements: 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 5. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of$260 per sign pole (4 x $260 = $1040.00). 6. The applicant shall enter into an agreement regarding Park Dedication payments. Cash payment in lieu of park dedication shall be required. The Park Dedication payments shall be deferred to the time of the issuance of the building permit for the principal structure for each lot. The Park Dedication Requirement for the existing structures (Lots 1 and 11, Block 1) shall beaid at the time of the recordingof P the Final Plat. 7. The developer agrees to waive the right to protest assessments for costs to construct streets, utilities, and drainage crossings to serve this development. 8. The developer shall construct an eight (8) foot wide bituminous trail, and dedicate a 16 foot wide trail easement encompassing that trail, to provide access from Monnens Avenue, south to the trail along the southern boundary of the plat. Passed in session of the City Council of the City of Shakopee, Minnesota, held this th day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney ATTACHMENT 1 The North Half of the Northeast Quarter of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County, Minnesota; Excepting There From the Fee Title taking by Minnesota Department of Transportation Right of Way Plat No. 70-2 as on file and of record in the office of the County Recorder. Memo To: Shakopee Planning Commissi.n From: Julie Baumann,Planner I , f� Meeting Date: February 8, 1996 Re: Preliminary Plat for Westwind 1st Addition • Site Information: Applicant: James and Mary Monnens, and Jeff Monnens Location: West of Fuller Street and across from the Shakopee Civic Center Current Zoning: Urban Residential(R-1B) (See Exhibit A.) Adjacent Zoning: North: Urban Residential (R-1B) South: Urban Residential (R-1B) East: Urban Residential (R-1B) West: Urban Residential (R-1B) Comp.Plan: Draft 1990: Single Family Residential Draft 1995: Single Family Residential Area: 19.54 Acres MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction: The applicant is requesting Preliminary Plat approval for forty-eight (48) single family residential lots. The proposed development is located west of Fuller Street and across from the Shakopee Civic Center (Exhibit.A). Exhibit B illustrates the proposed Preliminary Plat. The site is unplatted land and currently contains two existing residences and five accessory structures. Please find attached as Exhibit C a letter sent to the developer on January 25,1996, regarding the unresolved issues with regard to this submittal. Issues that are required to be completed prior to Preliminary Plat approval are marked with an asterisk(*)in the letter and are also discussed within this memo. Unless otherwise indicated, all of the issues contained within the letter must be resolved prior to the Final Plat approval. Considerations: 1. The majority of the property is currently vacant. Adjacent land uses include residential development to the north,vacant land to the south and west, and the Shakopee Civic Center to the east. 2. Lot 1, Block 1, must either be owned by the developer or the current property owner must participate in the platting process. Staff has not been made aware that this issue has been resolved. Staff is recommending that the Preliminary Plat be continued until this issue has been resolved, since this property issue could necessitate significant alterations of the plat. However, if the developer, at the February 8, 1996 meeting, can provide proof that this issue has been resolved, staff recommends proceeding with the Preliminary Plat approval process. 3. The stormwater management plan has been received as of February 1, 1996. Staff has not yet been able to fully review the submittal. Therefore, a recommendation will be provided at the February 8, 1996 meeting. 4. Lots 1 and 11,Block 1 contain existing homes. This structure on Lot 1,Block 1 meets the setback requirements of this zoning district. The structure on Lot 11, Block 1 does not meet the setback requirements, and will remain as a legal non-conforming use. Existing structures are also located on Lot 10, Block 1, and in the right-of-way adjacent to this property. These structures must either be removed from the site or relocated to meet the setback requirements. 5. A Certificate of Exemption to the Wetlands Act of 1991 has not yet been issued for this plat. It has been recommended that this be completed prior to Preliminary Plat approval by the City Council. 6. A right-of-way dedication should be shown adjacent to the south side of Lot 1, Block 1. A condition has been recommended requiring that this be completed prior to Preliminary Plat approval by the City Council. 7. All lots must measure 60 feet in width at the front yard setback line. Currently, Lot 9, Block 1, does not measure 60 feet in width at the front yard setback line. A condition has been recommended requiring that this be completed prior to Preliminary Plat approval by the City Council. 8. VIP connection fees are due on all parcels. Some parcels have existing assessments. The City Engineer will reapportion the existing special assessments against the lots and the developer shall waive his right to appeal the reapportionment. Some parcels also have pending assessments for the Fuller Street project. 9. Since the area is not identified as a future park site in the City's draft Comprehensive Plan, staff is recommending that a park dedication fee be collected in lieu of park land. Staff has calculated the park dedication fee using the assessed value of the Scott County Assessor's Office. The park dedication requirement would be approximately $222.24 per lot. Over the past two years, the average park dedication fee has ranged from$400 to $750 per single family residential lot. Based on these low calculations, the City Council may want to discuss hiring an appraiser to perform an appraisal of the site. The appraisal would cost approximately $1,000.00 and would be funded by the Park Reserve Fund. The developer for this proposed plat has submitted a request to defer the Park Dedication payments to the time of the issuance of the building permits. The Park Dedication requirement for the existing structures (Lots 1 and 11, Block 1) shall be paid at the time of the recording of the Final Plat. 10. The Scott County Engineer has commented that any utility or access permits in the Fuller Street (currently County Road 77)right-of-way must be obtained from Scott County. 11. Scott County Environmental Health has commented that the surface water ponds should be lined with low permeability clays to help protect ground water. This is an issue which will be addressed at the construction plan stage. Another recommendation stated that a letter be obtained from NSP regarding the human health implications of residential dwellings within their easements. There are not any residential structures being proposed within the NSP easements and any future plans to do so would require approval from NSP. Alternatives: 1. Recommend to the City Council the approval of the Preliminary Plat for Westwind 1st Addition, subject to conditions. 2. Revise the conditions recommended by staff, and recommend approval of the Preliminary Plat for Westwind 1st Addition, subject to the revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Preliminary Plat for Westwind 1st Addition. to allow time for the applicant Continue the public hearing to submit additional information. Staff Recommendation: Provided that Consideration Nos. 2 and 3 have been resolved, staff recommends the approval of the Preliminary Plat for Westwind 1st Addition(Alternative No. 1), subject to the following conditions: 1. The applicant shall submit a revised Preliminary Plat drawing prior to approval by the City Council which reflects the following design changes: a) The Preliminary Plat shall include a right-of-way dedication adjacent to the south side of Lot 1,Block 1. b) The Preliminary Plat shall include all lots with a 60 foot width at the front yard setback line. 2. Prior to Preliminary Plat approval by the City Council, the developer shall submit a wetlands delineation showing the presence of any wetlands in the area to be platted. Action Requested: Offer a motion to recommend to the City Council the approval of the Preliminary Plat for Westwind 1st Addition, subject to conditions, and move its approval. f i:\commdev\boaa-pc\1996\feb08pc\ppw windc.doc EXHIBIT A '" ) G • 16111,1 ' 5111! _. lit Via. �t i 1111.1 11ll tilt r+�111a � Il ,1l�1 i _ 1i !1�`!p '>n1 � p1i11 Ilrp p pl�,,e1it�ty— tag ati a� _- d1;i! !1!4 Si 11 p p1!�1 >I111 lilt. i111 _-- Ilild 1111 11tHf 7 Itpiylt leelaa�> >t atop ttt� 101;�� 1111t1 a um: WS��o�. !tom p.�talgli � ptt� ;� p�ti�• �1�►__►,�11�1It;�1 s1�iiD illl,. ` p �111a -. am g i !!� p ,gip i�>�1p i! in 111Sidt i. . i�ilp SUS ate € . 1e _la% i!- pulp 74 r !11 p645 iltl_1 111 • pulp lin � a�>»- , pt�tp . putt putt = olttp p�utp plus 111111 plhlp la i%%1 - s •� 1 AO OW . _ - .-pt �a ptt�a ! o!{tp lall e R 3 . s plt sue .gatis - ,i11 itt111 . .._ - , • �tti� =1 - . ill ItI*tt% t;`gip i 81111•� - 11 .14(.461.rr`li _�i --� ��p1_ ca 11�'p 31 '1151 pi is ; %W!"11 �� c 1��l1 iiiirl a �;.' • '111110 •�--L� r se ®' ' ww_ Got flI !! !! 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J.?, / • LLT-� r � d 0/, !. .. 4I N I I,,, •I I r-tH 2 ..! -II-o t o d t tzti3, 5 .,10-t -I; L .9/.._ • I • .R71 �j I. ma .. ,o_ o z 1gI m _ I•S , -2Z-LS-LS swb ` I L I /"'"... • _ -C4 ro _ _JJ �=_---a _ ►..1 \ JL ?; ' P aa, 7; \ �/ $ • I LLi!' ' ao III!! o / di I• IS � N �s d i, if 1 I mss- — 7 p: 7 / 1 e' KIN-- l;"9 . I ig 0 1 ! ...--, a IA– tg a 1'►1 94 J Q AA.SZ .7.1.0 N�ze9' O99 --- d (x — a ii 9. .L1 '-ovlOH1b1 � d0 Sltta►a .31,v"3'J Z/''''7 -- j . ^1 EXHIBIT C SHAKOPEE January 25, 1996 James and Mary Monnens Jeff Monnens 1066 3rd Avenue West Shakopee, MN 55379 RE: Preliminary Plat Application for Westwind 1st Addition Dear James, Mary, and Jeff Monnens: City staff has received revised drawings and information regarding your application for Preliminary Plat approval of Westwind 1st Addition. The public hearing for this request has been continued to February 8, 1996. • After reviewing the revised information, the following items are still remaining from the initial review letter. Those items marked with an asterisk(*) should be completed prior to the approval of the preliminary plat. The remaining items should be completed prior to the final plat approval. Please note the revisions (in bold) made to Item No. 1 on the Preliminary Plat and Item No. 2 on the Roadway Construction Plans. The letter dated December 27, 1995 incorrectly stated the values for these items. The comments in italics are items that are new concerns that have come to our attention with the reviews. Item No. 6 on the Erosion Control Plan, Drainage Plan, and Landscape Plan and Item No. 5 on the Preliminary Plat must be completed prior to Preliminary Plat approval by the Planning Commission. Item No. 9 on the Erosion Control Plan, Drainage Plan, and Landscape Plan and Item Nos. 1 through 4 on the Preliminary Plat may be approved by the Planning Commission as conditions of approval. These items, however, would need to be completed prior to the Preliminary Plat approval by the City Council. Erosion Control Plan. Drainage Plan, and Landscape Plan 1. Remove the sanitary sewer and watermain from this drawing. 2. Relocate the curb and gutter detail and the typical section detail to the construction portion of the plans (sheets 5-8), or onto a separate details sheet, as they do not pertain to either erosion control, drainage, or landscaping. 3. The designation "S518" for the curb and gutter should be changed to Shakopee Standard. CONL\iuNrn'PR[DE SLxCE 1S57 12N H,t1^.•,r•Strut South �1.::. ri \,:rr,,,,ta 3;;N-1151 r'2-44.7.-1"0 F.A\ 012.445-r71•; 4. Provide pavement design calculations verifying that the design section meets the requirements in the design criteria. These calculations should be based on a soils report, including a recommended "R"value for the existing soils. See the City Design Criteria for the pavement design process. 5. This development does not require a Landscape Plan. 6. *Provide site drainage calculations which show that the proposed storm drainage improvements comply with the maximum site discharge rate of 0.3 cubic feet per second per acre, and verifying that the ponding is in compliance with National Urban Runoff Protection (NURP) standards. 7. Provide storm sewer calculations showing that the proposed improvements are designed to accommodate a 10 year return frequency design storm. 8. All pipe outlets should have a Flared End Section(FES) and appropriate erosion control (rip-rap or equivalent) indicated on the plans. 9. *Provide a wetlands delineation showing the presence of any wetlands in the area to be platted. If wetland impacts are proposed, a replacement plan in accordance with the Wetlands Conservation Act of 1991 will be required. Preliminary Plat 1. *The right of way dedication for Fuller Street (County Road No. 77) should be expanded 7 feet to the west to comply with the minimum collector street right of way width of 80 feet. 2. *The Preliminary Plat should include a trail easement dedication 16 feet wide, centered on the existing bituminous trail. This trail should be shown on the plat drawing. 3. *A right of way dedication should be shown adjacent to the south side of Lot 1,Block 1. 4. *Lot 8, Block 1 must measure 60 feet at the front yard setback line. It currently scales out to 57 feet. 5. *The Myers property must either be included in or excluded from the plat. • If this property is included in the plat(and the Myers continue to own it), the Myers must sign the plat applications and the Final Plat drawing and the required right-of-way would need to be dedicated • If this property is included in the plat(and Monnens Custom Builders owns it), the land is required to be included in the plat with the necessary right-of- way dedication. • If the Myers property is excluded from the plat, the plat could be approved with a condition stating that the required right-of-way must be secured This could be accomplished by condemnation, if public purpose can be proven (which would be difficult in this instance) or by dedication. If the right-of- way is not secured, the plat would become null and void, and no Final Plat could be approved until the right-of-way was secured to ensure that the subdivision is served by a functional street system. Grading and Development Plan 2 1. The drawing should be revised such that the existing contour lines are shown in a light, dashed line, and the proposed contour lines are shown in a heavier, continuous line as required by the design criteria. The legend should also be revised accordingly. 2. Both Pond A and Pond B should be labeled with the normal and high water elevations. 3. A table indicating the lowest building opening for all lots adjacent to ponding areas or the Upper Valley Drainageway should be included on the grading plan. This table should show that the lowest building opening will be at least 3 feet above the high water elevation of the adjacent drainage facilities. 4. The grading plan should show a bench at least 10 feet wide, with a slope of 10:1 at the normal water elevation of each pond, per MPCA best management practices. 5. This drawing includes two signature blocks for certifying the drawing. If more than one signature will appear on a sheet, the portions of the drawing which each person is certifying should be clearly stated with the certification. Roadway Construction Plans 1. All vertical curves must be labeled with the Point of Vertical Curvature (PVC), Point of Vertical Intersection (PVI), Point of Vertical Tangency(PVT), and the station and centerline elevation for each. In addition, the Design Criteria requires all vertical curves to include the curve length, stopping sight distance or headlight sight distance, the safe speed and the"K"value. 2. The plans should be revised to include a minimum vertical curve length of 100 feet, as per the Design Criteria. 3. The horizontal break point shown between stations 12+00 and 13+00 must be replaced with a horizontal curve. Please refer to the Design Criteria for required information for horizontal curves. 4. The back of curb radius for all intersections of local streets, or for the intersection of a local street with a collector street should be changed to 15 feet. 5. The roadway grade at station 11+72 on sheet 6.does not match with the grade shown at that location on sheet 5. This should be revised so the grades match. In addition, a matchline and reference to the next applicable sheet number must be included on all plan views where the roadway continues onto another sheet. Utility Construction Plans 1. The roadway and curb and gutter location should be shown on the plan view. 2. Relocate the catch basins to 3 feet past the end radius of the curb (typical). 3. Relocate the sanitary sewer to the centerline of the road. It appears that the sanitary sewer between manholes 4 and 5 is outside of the roadway surface. 4. The storm sewer profiles must include both existing and proposed ground profile. 5. The sanitary sewer profiles should include the existing ground profile in addition to the proposed profile. 6. The storm sewer is typically shown on the street plans to avoid overcrowding on the utility plans. This is not a requirement, but simply a suggestion. 7. The grade of the pipe for both culvert crossings should be indicated on the plans. 8. Remove the sumps from the catch basins. 3 9. All storm sewer pipe should be labeled "Reinforced Concrete Pipe" or"RCP". In addition, the class of pipe should be indicated. 10. Include a schedule for all sewer construction which includes the pipe size and grade, length, invert elevations, structure drains to, structure type and size, and casting/grate type and designation. • 11. The designation"plastic pipe" for the sanitary sewer should be replaced with"PVC SDR 35". 12. The watermain pipe designation should include the class of the pipe. The watermain plans should be submitted to Shakopee Public Utilities for review and approval. 13. Indicate the pipe length and grade for the sanitary sewer between manhole 1 and the existing manhole in Fuller Street. 14. The connection to the existing 36 inch RCP storm sewer in Pierce Street should be made with a manhole. Inline grade breaks are not allowed. If we can be of any assistance during this process, please contact us at 445-3650. Sincerely, /414 id,C1 AO/ Julie Baumann Dave Nummer Planner I . Staff Engineer h4ulelplathrs\westwnd2.doc . 4 lb 6 Memo To: Dennis Kraft, City Administrator From: Julie Baumann, Planner I k;% Date: February 20, 1996 r Re: Amendment to the Zoning Map-Rezone property from Agricultural Preservation (AG)to Highway Business (B-1). Introduction John Chadwick, Cal Chadwick, and Dave Polacek are requesting that the City amend the Official Zoning Map to rezone a 21 acre site from Agricultural Preservation (AG) to Highway Business (B-1). A copy of the February 8, 1996, Planning Commission staff report has been attached for your reference. Discussion The purpose of the Highway Business (B-1) zone is to provide an area for business uses fronting on, or with immediate access to, arterial and collector streets. Since the subject site is designated as a Commercial Area in the draft 1995 Comprehensive Plan, the proposed zoning would be in conformance with the Comprehensive Plan. The subject property is 21 acres in size. A small portion of this site (4 acres) is located outside of the current MUSA boundary, but is within the proposed 2000 MUSA boundary in the draft 1995 Comprehensive Plan. This is because the location of 17th Avenue is further south than originally planned in the previous MUSA expansion for this area. The draft 1995 Comprehensive Plan states that undeveloped areas outside of the MUSA line will not be rezoned to allow commercial, industrial, or urban residential uses. However, because a request has already been submitted to extend the MUSA line, to the 2000 boundary, the Planning Commission has recommended that the entire subject property (21 acres) be rezoned to Highway Business (B-1). Alternatives 1. Amend the Zoning Map to rezone the complete subject property from Agricultural Preservation (AG) to Highway Business (B-1), including that portion outside the existing MUSA boundary but within the proposed 2000 MUSA boundary. 2. Amend the Zoning Map to rezone the subject property, only within the current MUSA boundary, from Agricultural Preservation (AG)to Highway Business (B-1). 3. Do not amend the Zoning Map. 4. Table the decision and request additional information from the applicant or staff. Planning Commission Recommendation The Planning Commission recommends Alternative No. 1. Action Requested Offer Ordinance No. 447, and move its approval. Note: The Ordinance will be placed on the table for the February 20, 1996 City Council meeting. i:\commdev\cc\1996\cc0220\rezchad.doc Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I /, ; Meeting Date: February 8, 1996 Re: Amendment to the Zoning Map- Rezone property from Agricultural Preservation (AG) to Highway Business (B-1). Site Information Applicant: John Chadwick, Cal Chadwick, Dave Polacek Site Location: Directly west of County Road 17 and adjacent to the southern boundary of the bypass. Current Zoning: Agricultural Preservation (AG) Adjacent Zoning: North: Shakopee Bypass Right-of-way South: AG Agricultural Preservation East: AG Agricultural Preservation West: AG Agricultural Preservation Comp. Plan: 1980: Commercial Draft 1995: Commercial Area: 21 acres MUSA: Approximately 17 acres of the site are within the MUSA and can be served by municipal utilities. Introduction The applicant is requesting that the City amend the Official Zoning Map to rezone a 21 acre site currently zoned as Agricultural Preservation (AG)to Highway Business (B-1). Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Cover Letter; Exhibit C, City Code Section 11.22, Agricultural Preservation Zone (AG) regulations; Exhibit D, City Code Section 11.36, Highway Business (B-1) regulations; and Exhibit E, Existing and Proposed Zoning Maps. Considerations 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the 1 Comprehensive Plan. Exhibits C and D provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG) and Highway Business (B-1) Zones. 2. The Transportation Section of the draft 1995 Comprehensive Plan has designated the TH101 bypass as a Principal Arterial and Marschall Road as a Minor Arterial. These roadway classifications provide traffic movement with minimal direct access. The TH101 bypass will have the capacity to carry approximately 30,000 vehicles per day at the County Road 17 intersection. A Minor Arterial within the urban area has the capacity to carry 5,000 to 30,000 vehicles per day. An east-west roadway designated as 17th Avenue has been planned south of the bypass. This roadway has also been designated as a Minor Arterial in order to accommodate increased traffic in this area. 3. The Land Use Chapter of the 1980 Comprehensive Plan designated this area as "Commercial". This portion of the draft 1995 Comprehensive Plan also designates the site as "Commercial". The rezoning of the site to "Highway Business", as requested by the applicant, will be in conformance with the draft 1995 Comprehensive Plan. 4. The purpose of the Highway Business Zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. 5. The draft 1995 Comprehensive Plan states that undeveloped areas outside of the MUSA line will not be rezoned to allow commercial, industrial, or urban residential uses. A small portion of this site (4 acres) is located outside of the MUSA boundary, but within the proposed MUSA boundary in the draft 1995 Comprehensive Plan. This is because the location of 17th Avenue is farther south than originally planned in the previous MUSA expansion for this area. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. 2 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 occurred. One intent of the Agricultural Preservation Zone is to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. The construction of the TH101 bypass and the new hospital and clinic are bringing these utilities to the area. Therefore premature expenditures are not necessary. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for commercial use. The Comprehensive Plan has a policy which states that land outside of the MUSA boundary not be rezoned for commercial purposes. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property, only within the MUSA boundary, to Highway Business (B-1) from Agricultural Preservation (AG). 2. Recommend to the City Council the approval of the request to rezone the complete subject property to Highway Business (B-1) from Agricultural Preservation (AG), including that portion outside the existing MUSA boundary but within the proposed MUSA boundary. 3. Recommend to the City Council the denial of the request to rezone property within the MUSA boundary to Highway Business (B-1)from Agricultural Preservation (AG). 4. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer a motion to recommend to the City Council the approval of the request to rezone the subject property, only within the MUSA boundary, to Highway Business (B-1) from Agricultural Preservation (AG), and move its approval. i:\commdevlboaa-pc11996Veb08pc\rezchad.doc 3 EXHIBIT A -.D—StA,....06c3i3\tl ).', --'1--:;`,i .o �ii . . ii a ! f" laQ ge r' 1:5-\ ( 1 �=� i4110•1o•1 SVC `I 1 Z MR '� siaa-jadica5.: -1 EFL '-- ,--, 1 Ii' .tea fltC L--j- ..t \ \\4-P PI-1 ..N4c. / / MR i1 , �TT 1— _ I11[111t 7. ]J� e � —9,...- I - "I' _k4� Q k ' GMT wurr a. / '� �' � DOWN .; T. =MET*CAT ac., , �M�E .� 41 D0. ii- j . • R-IBS MR c J-';' M .. .___ in - _m - "•JQJ1-i -R y�► is ., ,.._...._ 1 I BI _ �__LVAL � & t i ,0 e,.....i.../�. Itit,_ RR el CC 0/PrG r. AG SUBJECT SITE a / . . „, _ 82 V N I Q • 16 A - R �—_, P �IoVA LET v¢v-- - 7 AG 2ti �y 4 P i 1 RR AG RR AG RR il kt..1 RR a sy n L John E. hadwick, Calvin R. Chadwick, David L. r'olacek EXHIBIT B 7900 Xerxes Ave. South Suite 2420 Bloomington, NMI 55431 uur (612)832-0649 Jk. January 12, 1996 --- Mr. Paul Bilotta, Planning Director Ms. Julie Baumann, Planner 1 City of Shakopee 129 First Avenue East Shakopee, MN 55379 RE: Zoning Application Dear Mr. Bilotta and Ms. Baumann: Cal Chadwick, John Chadwick and David Polacek, as property owners, respectfully submit the enclosed rezoning application for the above described property. The application includes approximately 17 acres at the Southwest corner of County Road 17 and the Shakopee Bypass. The property is currently included within the Metropolitan Urban Services Area (MUSA) and has been identified in the city of Shakopee's Iast two comprehensive plans as future retail/commercial zoned. Significant roadway and infrastructure improvements that are nearing completion in Scott County, as well as expanding development along Shakopee's south side support the City's • conclusion that this property should be included within a retail-commercial zone. The - property is located at the major Highway 169/County Road 17 intersection and has close r. proximity to the current urban core of Shakopee. There are other factors which support • this conclusion as well. The property is adjoined by the expanding campus of the St. Francis Medical Center to the Southeast. The impact of high traffic volumes and activity created by the major roadways and hospital will be alleviated by providing a buffer of commercial development between these uses and the city's residential expansion, south of the bypass. Additionally, the property's location on the Southwest quadrant of the intersection will accommodate the highly desired right turn access, from the three directions of travel which will carry the highest traffic count. The City of Shakopee, Scott County and the State of Minnesota have committed and continue to commit significant resources towards infrastructure improvements at and around this property. Those resources include: 1.) Shakopee Bypass construction 2.) Marschall Road expansion and overpass construction 3.) Chaska interceptor and St. Francis trunk sewer construction 4.) The St. Francis collector street. In addition to these projccts, the city already has 17 acres of it's .,, sting MUSA allocation committed to this property. We respectfully request that the City of Shakopee now capitalize on that investment by rezoning this property and taking the first step allowing commercial development to occur. Very truly yours, ohn E. Chadwick, for Chadwick, Chadwick, Polacek EXHIBIT C SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and • leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer,water, and police and fire protection. Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children;or K. residential facilities serving six(6)or fewer persons. t-. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural resebrch facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research regarding the 1111 development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; 1. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; • J. commercial recreation, minor, K. utility service structures; L. day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; Q. developments containing more than one principal structure per lot;or R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; 1112 EXHIBIT D SEC. 11.36. HIGHWAY BUSINESS ZONE(B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor • I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, 1171 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L. car washes; M. hospitals; N. theaters; • O. funeral homes; P. ' utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; U. retail centers; V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used,except in conformance with the following minimum requirements: A. minimum lot area: (new lots):two acres (existing lots): 8,000 square feet maximum floor area ratio: .50 1172 • EXHIBIT E EXISTING ZONING Itinu 1-` v _. R-184 MR sr „a,,,= b7 B "ID 4 X AP �R-1 Q 3 �vt• C? +� libi 7,7 -:* - ;40d Z Ell .1_____PEI y1vt i0:4,..„‘ �. ' 81 ,...,.. 7'-ozb :', Ri' • 10 ' • RR ,, ._......1 . ,,, 1 i ,..gt T • AG - Ai: SUBJECT SITE:it 1, u 82 • . y CY Q . • i 17-- . . ..• PROPOSED ZONING 1 -s----cr.4 ---- . 0- Er-br i4" - c-e 4 ‘L...Y cwt.:won tows - ‘1 c..:0: Lk** i 0:faar".•21\, kte, _ 4 . %1Z:IB-4%iitiba.,..- Nit 5> A MR v.x 1 '1Zr,-,11E4.4,.,2 z0 L.71himil- ty;.1.V.CeigriWO ------:: - -R. - .. ..0,--i, a„,., , .L.:=P-Iiig) , , _ .j'jc-'' _..,,,,p, 1 v..... ..., ie.. . .*, 8 .. il_iwszi ,:--- . ,gi; i eil .a �� RR a r `I '`” AG • 3 B-1 Iv 1-. CC IAG I 6. 1. SUBJECT SITE a I 82 • u� N CY I ' �' 16n la b ORDINANCE NO. 447, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS THE SOUTHWEST CORNER OF THE SOUTHERN BYPASS AND MARSCHALL ROAD FROM AGRICULTURAL PRESERVATION (AG) TO HIGHWAY BUSINESS (B-1) . WHEREAS, the owners of the land described on Exhibit A, commonly known as the southwest corner of the southern bypass and Marschall Road, submitted an application requesting rezoning from Agricultural Preservation (AG) to Highway Business (B-1) ; and WHEREAS, notices were duly sent and posted, and a public hearing was held on February 8, 1996, at which all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That the zoning map adopted in City Code Sec . 11 . 03 is hereby amended by rezoning land described on Exhibit A, commonly known as the southwest corner of the southern bypass and Marschall Road, from Agricultural Preservation (AG) to Highway Business (B-1) . Section 2 - Effective Date . This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk 1 Approved as to form: _rj�j Ijk City Attorney Published in the Shakopee Valley(,ws on the day of , 1996 . MEMO TO: Dennis Kraft, City Administrator FROM: Bruce Loney, Public Works Director OA SUBJECT: Shakopee-Savage Joint Powers Agreement for the Eagle Creek Watershed DATE: February 14, 1996 MEETING DATE: February 20, 1996 INTRODUCTION: Attached is a letter from Dave Hutton, Director of Public Works and a draft Joint Powers Agreement (JPA) between the City of Savage and the City of Shakopee for stormwater facilities in Savage to include additional runoff from a portion of an area in Shakopee. The agreement was drafted by the City of Savage for consideration between the two Cities. BACKGROUND: The Cities of Shakopee and Savage have been addressing the drainage and flow rates between the two Cities within the Eagle Creek Watershed since 1992 with the development of Covington Ponds in Savage. From these discussions a Stormwater Management Plan for the Eagle Creek Watershed was prepared by Orr-Schelen-Mayeron & Assoc. (OSM) as authorized by the City of Shakopee. In this study, the attached Alternative No. 3 was the recommended implementation between the Cities. On the Alternative No. 3 map, the City of Shakopee has two areas labeled Subwatershed No. 7 & 8, that flow into the City of Savage and previously into Eagle Creek. Per the adopted AUAR mitigation plan, stormwater cannot be discharged directly into Eagle Creek and must be redirected to the Minnesota River. On August 1, 1995, staff had discussed this issue with Council for direction and in particular if the City was willing to participate in stormwater facilities for Subwatershed No. 8. City Council gave staff direction to proceed with a cost participation for a stormwater outlet with Savage at a cost not-to-exceed $20,000.00. The Subwatershed Area No. 8 is the area known as Boiling Springs Lane. Previously in 1989, a feasibility report was prepared and public hearing held for a stormwater outlet to Eagle Creek at a estimated cost of$24,500.00. This project was denied due to a lack of support. At this time there is not an outlet for the Boiling Springs area until the water ponds to a certain elevation and then overflows. The City of Savage will be constructing improvements for Eagle Creek 1st Addition this spring. The JPA outlines the conditions of the agreement and cost participation of the stormwater facilities in Savage for Subwatershed Area 8. The City of Shakopee will be limiting its flow to four cubic per second in this subwatershed by ponding. The cost participation of the storm sewer and ponding in Savage has been based on this flow rate and the cost of the stormwater facilities including 26% for engineering, administration,ponding are as follows: Storm Sewer $21,547.60 Ponding $ 7,941.18 Total $29,488.78 The total cost participation amount of$29,488.78 is based upon bids received by the City of Savage. The final amount will be as stated in Paragraph 7 of the JPA which will be the actual construction cost plus 26%for engineering, administration and legal costs. In the JPA, the City of Savage agrees not to charge the City of Shakopee for the storm water facility costs until the City of Shakopee physically connects to the system. Also, the City of Savage will not charge any interest from the time the construction is completed until Shakopee utilizes the storm sewer as an outlet. At this time, there are no plans to connect to this system. Staff believes the best time to install a City of Shakopee storm sewer to this storm sewer system in Savage would be in a future street reconstruction project for Boiling Springs Lane. The total cost to Shakopee of $29,488.78 is higher than previously estimated due to higher bids received and additional requirements placed on the design of the facilities that could not have been foreseen. Staff did investigate other alternatives to connecting with this storm sewer system in Savage. Another alternative is to install a storm sewer system to the north of Boiling Springs Lane and to a wetland. The cost of installing this storm sewer is estimated to be $37,000.00. Eventually this stormwater will flow into a storm sewer system in Savage which is being directed from Eagle Creek and the City of Savage will be asking for cost participation of that system as well. Staff is recommending to approve this JPA with the City of Savage as the most cost effective way to provide a positive outlet for the area and due to the fact that Eagle Creek stormwater in the Eagle Creek Watershed cannot be directly discharged into Eagle Creek. A similar JPA for Subwatershed Area 7 will be prepared in the future for an outlet from Shakopee into Savage. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA with the City of Savage as submitted pending City Attorney review and approval. 2. Authorize the appropriate City officials to execute the JPA with the City of Savage as modified by Council pending City Attorney review and approval. 3. Table for more information. 4. Do no enter into the agreement. RECOMMENDATION: Staff recommends Alternative No. 1. This JPA estimated cost is the lowest cost in providing a stormwater outlet for Boiling Springs Lane area and payment is not due until the City of Shakopee connects to the system. Also, this stormwater system in Savage meets the AUAR mitigation plan. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Powers Agreement Between the City of Shakopee and the City of Savage for Storm Sewer Construction Within Eagle Creek 1st Addition, City Project No. 94-02,pending City Attorney approval. BL/pmp JPA 02/14/96 14:58 CITY OF SAVAGE 94456718 NO.934 902 'rite,, ,.oft\ February 14, 1996 ,_ .:^ ....'.,'w . 1, , A Dan Bruce Loney ' 1:551905 ,'� x'"t Patch ...,.-1---1: City of Shakopee . M ti Z 129 Holmes St. South `, . ,. v Shakopee, MN 55379 r.. • e/ I go g Re: Eagle Creek Joint Powers Agreement Dectr'Bruce. Enclosed;please find a revised joint powers agreement addressing fliture stonnwater needs of Shakopee from Subwatershed 8(OSM Stormwater Report„1994)to Eagle Creek. As we have discussed, the Joint Powers Agreement has been revised to use 14.8%for your storm sewer needs based on 4 cfs coming from Subwatershed 8 compared to thetotal capacity of thestorm sewer system of 27 cfs. The bid for this storm sewer was $145,591.89 resulting in your share of the storm sewer being $21,547.60. in addition,it was previously agreed that your share of the NURF pond would be 6.7%based on this 4 cis compared to the total pond flow into this pond. The Joint Powers Agreement has also been revised to reflect that Shakopee will not have to pay the amount listed in the Joint Powers Agreement until such time as you start utilizing the outlet for storm sewer discharge. I believe this addresses all of your concerns in the Joint Povvers Agreement. As discussed,we will both take this to our respective City Councils on February 20, 1996 for consideration. Please be advised that the cost split for Shakopee associated with the outlet front Subwatershed 7 has still not been resolved. This outlet pipe was installed in 1995 by,the City or Savage, but absent a Joint Powers Agreement for this storm sewer,it will not be available to Shakopee as an outlet. It is our desire to resolve this issue in a similar fashion in the near future. Please contact me if you wish to discuss this matter further. Sincerely, co4/0/ (....—. 14;-e "-", . David E.Hutton,;P.E.. Director of Public Works/City Engineer DEH/lj j V,\U EACYIETK 11465PA94-021AYSPWRSPl4 .. .. City of Savage •6000 McColl Drive •(County:Road 16) •Savage, Min ae vota 55878 78 Telephone: 612.8824660•Fax:61 2-2656 0 02/14/96 14:59 CITY OF SAVAGE -, 94456718 NO.934 003 /.:.0' Iii DRAFT JOINT POWERS AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE CITY OF SAVAGE FOR STORM SEWER CONSTRUCTION WITHIN EAGLE CREEK 1ST ADDITION CITY PROJECT NO. 94-02 THIS AGREEMENT is entered into between the City of Shakopee, a Minnesota municipal corporation, hereinafter called "Shakopee," and the City of Savage, a Minnesota municipal corporation, hereinafter called "Savage," as a Joint Powers Agreement under the authority of Minnesota Statute 471.59. WHEREAS, Shakopee has prepared a Comprehensive Stormwater Management Plan for the Eagle Creek drainage watershed, that provides for a portion of Shakopee's stormwater runoff to drain towards Savage; and WHEREAS, Savage has adopted the Eagle Creek Stormwater Management Plan as part of the AUAR Mitigation Strategy and overall city-wide Comprehensive Stormwater Plan, and WHEREAS, Savage has designed and awarded a contract for Eagle Creek 1st Addition, said project includes provisions for upgrading the storm sewer facilities in Savage to include the additional runoff from a portion of the area in Shakopee draining towards Savage; and WHEREAS, both Shakopee and Savage desire to enter into an agreement that provides cost sharing for the construction of the storm sewer facilities proposed by Savage, said cost sharing to be based on a specified plan for the Eagle Creek Watershed flow as determined by the City of Shakopee Stormwater Management Plan completed by OSM, dated June 24, 1994; and WHEREAS, the City of Savage will no longer be able to discharge stormwater runoff into Eagle Creek due to the mitigation plan adopted as part of the AUAR and will now need to route the Zinran Avenue outlet directly to the Minnesota River(via Mn/DOT detention ponds). NOW, THEREFORE, Shakopee and Savage agree as follows: 1. Recommended Improvement Alternative No. 3, as listed in the Shakopee Stormwater Management Plan for Eagle Creek, will be the alternative utilized to accommodate stormwater runoff out of the Eagle Creek Watershed. 2. That during the peak discharge rate of the Eagle Creek Watershed in the 100-year, 24-hour storm event, Shakopee contributes 26% to the total peak flow and Savage contributes 74% to the total peak flow. 3. That Shakopee will pay 0% of the costs to upgrade the stormwater outlet system from Zinran Avenue to the Minnesota River. 02/14/96 14:59 CITY OF SAVAGE -, 94456718 NO.934 904 JOINT POWERS AGREEMENT SHAKOPEE/SAVAGE - STORM SEWER SAVAGE CITY PROJECT NO. 94-02 EAGLE CREEK 1ST ADDITION PAGE 2 4. That Shakopee limit their peak flow from Subwatershed 8 to 4 cfs. Savage will construct the storm sewer in Eagle Creek 1st Addition large enough to handle the additional 4 cfs from Shakopee. 5. That Savage would construct the regional NURP pond identified as Pond 15 on Figure 4 in the Eagle Creek Stormwater PIan, and Shakopee would pay their proportionate share of the pond based on contributing flow. 6. The cost of the storm sewer to be paid by Shakopee is 14.8%, based on their flow of 4 cfs compared to the total flow of 27 cfs. The estimated pond costs for Shakopee are based on 6.7% and are shown on Attachment A. The cost apportionment consists of the construction cost based on bids received, plus Savage's standard 26% for engineering, administration, bonding, etc. Total storm sewer bid $145,591.89 x 14.8% = $21,547.60 Shakopee's total proposed cost is as follows: Storm sewer $21.547.60 Pond 7.94118 Total $29,488.78 7. Shakopee shall pay to Savage its share of the costs related to these pipe segments in one (1) hump sum payment by January 1 of the year following the date that Shakopee starts utilizing the storm sewer as an outlet. The amount shall be the actual construction cost, plus engineering, administrative, and legal costs, as listed above in paragraph 6. Shakopee shall not be charged any interest from the time the construction is completed until Shakopee utililizes the storm sewer an an outlet. 8. Shakopee will limit flows from said undeveloped lands to the rates established in the Stormwater Management Plan by constructing on-site storage and retention as development occurs. Said on-site storage facilities in Shakopee will be owned and operated by Shakopee. All improvements and piping in Savage will be owned and operated by Savage. Shakopee and Savage do not intend to acquire any jointly owned personal property or real estate under the provisions of this agreement in its present form. 02/14/96 15:00 CITY OF SAVAGE 94456718 NO.934 005 JOINT POWERS AGREEMENT SHAKOPEE/SAVAGE - STORM SEWER SAVAGE CITY PROJECT NO. 94-02 EAGLE CREEK 1ST ADDITION PAGE 3 9. The parties mutually recognize and agree that Savage shall be the contracting party and shall be responsible for the design, supervision, and completion of said construction contracts. In so doing, Savage shall proceed pursuant to Minnesota Statute 429. Shakopee shall concur in the award of the contract to the lowest responsible bidder. Upon award of the contract to the successful bidder, Savage will deliver an executed copy thereof to Shakopee. After completion of the project, Savage shall provide routine maintenance of the storm sewer facilities covered by this agreement. 10. Shakopee shall have the right at all reasonable times to review and examine the installation and construction. If for any reason the contract overruns significantly, or if changes must he made to the contract as a result of conditions being different than originally contemplated, Savage shall obtain the approval of Shakopee for such changes, additions, or overruns. 11. Savage agrees to indemnify and hold harmless Shakopee from any and all claims, actions, or causes of action for damage to persons or property, including legal or other expenses in any way, arising out of the negligence of Savage in the operation and maintenance of the project described herein. 12. Either city can terminate this agreement upon a one (1)year written notice to the other city, on the condition that Savage receives full payment of all amounts owed under the terms of this agreement by the effective date of the termination. IN WITNESS WHEREOF, the parties have set their hands this day of , 1996. CITY OF SAVAGE: CITY OF SHAKOPEE: By: By: Mayor Mayor By: By: City Administrator City Administrator FA WSBMENOINEERW94di21LANEY.JPA 02/14/96 15:00 CITY OF SAVAGE y 94456718 NO.934 006 Attachment A NURP Pond Cost Split I. Construction Cost(from bids) Nurp Pond Bid $75,137.60 Clay liner for dike 43..387.1) $118,525.10 II. Cost Breakdown: (Percentages are based on total cfs.) A. Shakopee: 6.7% of$118,525.10 $ 7,941.18 B. Covington Ponds 3rd Addition(Previously Assessed): $42,162.53 (developer) City portion of Covington Ponds 3rd Addition: $ 7,467.08 (City) C. Eagle Creek 1st Addition: $118,525.10 18.600.00 (Estimated 6,000 c.y. @ $3.10/c.y. price for filling streets in Covington Ponds $99,925.10 east of the the NURP pond) 61% of$99,925.10- $60,954.31 ($20,000 of this cost will be paid for by the City for grading of the regional pond east of the NURP pond) Eagle Creek 1st Addition(Hirscher Farms): $40,954.31 (developer) City portion of Eagle Creek 1st Addition $20,000.00 (City) III. Summary for NURP Ping: 1. Shakopee $7,941.18 2. Covington Ponds 3rd 42,162.53 3. Eagle Creek 1st Addn. 40,954.31 4. 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' fiat o7 z 30 " RCP 125thST 7 , 6 ROILING SPRINGS �� r / 15. 18 Pm 8 / Bi , \` SPR / SPRINGS q 4V1 6 SHAKOPEE ~�� ' , � �r, lj1990 P O P . 11 , 7 3 9 Ii:; ; ,. ctA .Ir 2,, i'r,r. / / 4, 44> Iv,' ,•; '?' . ® // i 12 SAVAGE cz. �� 18 % 1990 POP . 9 ' 06 CT. C) , 110,9 , ( 134th ST . ) MCCOLL DR . o c„? � ,,:plo , GR 14 P. / LEGEND Q �S� / SUBWATERSHED BOUNDARY C:3 c, t14 / 1 2 SUBWATERSHED IDENTIFICATION J 18 0 PONDS \. \\_ \\\. / \\\\�� CORPORATE BOUNDARY \\ . \ \\\ . \-i ////j DIRECTION OF FLOW / ----0. // 'r_2. s SCALE IN FEET / 4 ,'. Orr I I00•taVW,..Ias e1M a iconco Ol at wan IIR;� > . •At Mir qv or AS OS utas w.suer wOavrw re Sear' AS NOIEO f: L • :,� Sr;h e l e n not lig A DAT KOMRnEO tAar1ltwl/MMA UMI .` 1 t Mnyeron f. EAGLE CREEK MMI WA MR IMIMA 14.31 Or. •IsES7:N Sr. AS30C1n1.eis, Inc. WATERSHED STUDY TAW c Engineers• Architects • Planners•Surveyors rcteEo er, 'cow.Ro� PETER R.WELENMOa7 Mt 1776.711 500 PArR flees PIM• 5775 Isynla Renle•erA RECORD CM7 D71 DATE ITIRRe p1U,TIN 66111.IUS•111.606.6771 _ �, MI u.1Me qM, ISygg_ IMINIMIORMINIMMINIMMIIIM V N t 0 N • QQ- it' t _.\75.t t - _... z ..._. $ 2 si g 3 Com' 0 t CO 1 i ,..., § W ' 2 = i V I____44, L �\ti.N....;...H I 111 lig g ei \\ ///// 1 li I ri ii 1 li it ti., N. lili..,! 11ci , 1 1 1 J -al irci' !O ll $_....--------- Iin 1 11) o ��. 1 ...\ i / 9 fott A (g , \ 41$4140u) 1 p >e • , 41,00. re - : _ W , , — a lit 0 D I �' �'-- QZ J •1 I P . . ifs a ���J .11 t t 4 c ` X6 N3OP1 �d U I f i'' I It• ums 33tt c _ N M 1 4 N J 1... ♦ f` 2 $ . i. a6eneS c ria - IN r eedoIeyS IU 15 g a i cn 1/J Memo To: Dennis Kraft,City Administrator From: Julie Baumann,Planner I ' 1i Meeting Date: February 20, 1996 `i Re: Request for Time Extension of Preliminary Plat Approval of Horizon Heights 4th Addition INTRODUCTION The City has received a request from RE. Stransky Land Surveyors (Please see Exhibit A) to extend the time period for filing a request for approval of a Final Plat,after approval of the Preliminary Plat,by the City Council. The City Code states that the City Council may extend the time period of Preliminary Plat approval upon written application by the developer. Each extension cannot exceed a twelve (12) month period. The applicant is requesting that a twelve(12)month extension be granted. BACKGROUND On June 22, 1987, the City Council approved the Preliminary Plat for Horizon Heights 4th Addition. On July 12, 1994, the City Council granted a 12 month extension of the time period to request approval of a Final Plat. On July 10, 1995, the applicant submitted a Final Plat application for Horizon Heights 5th Addition. At the September 7, 1995, Planning Commission meeting, action on the Final Plat of Horizon Heights 5th Addition, was tabled, at the applicants request, to the February 8, 1996, meeting. At this meeting the Planning Commission tabled action, at the applicants request, regarding approval of the plat to the March 7, 1996,meeting. The applicant is requesting that Preliminary Plat approval for Horizon Heights 4th Addition and the time to request Final Plat approval for Horizon Heights 5th Addition be extended for a twelve month period. This request is being made in order to allow time to resolve outstanding stormwater drainage issues with the City of Savage and Scott County. City Code Section 12.03, Subd. 3.G states"Approval of the Preliminary Plat by the council shall give the applicant the following rights for a 12 month period from the date of approval: 1. The general terms and conditions under which the approval was granted will not be changed by the City; 2. That the applicant may submit on or before such expiration date, the whole or any part of the approved plat for final approval; 3. The Council may extend the time period of preliminary approval upon written application by the developer and for good cause shown. Each time extension shall not exceed a 12 month period ALTERNATIVES 1. Offer and pass a motion extending the 12 month time period for Preliminary Plat approval and requesting approval of a Final Plat by an additional 12 months. 2. Offer and pass a motion extending the 12 month time period for Preliminary Plat approval and requesting approval of a Final Plat by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 12 month time period for Preliminary Plat approval and requesting approval of a Final Plat, and require the developer to resubmit the Preliminary Plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion extending the 12 month time period for Preliminary Plat approval and requesting approval of a Final Plat by an additional 12 months, and move its approval. EXHIBIT A R. E. STRANSKY LAND SURVEYORS February 12, 1996 Ms. Julie Baumann City of Shakopee r 1 3 1996 129 Holmes Street South Shakopee, Minnesota 55379 �- RE:Request for a one year extension of the approval of the final plat of HORIZON HEIGHTS 5TH ADDITION Dear Ms. Julie Baumann; As discussed via telephone on Wednesday, February 7, 1996, I am hereby requesting, by way of this letter and on behalf of the Muhlenhardt' s, that approval of the final plat of HORIZON HEIGHTS 5TH ADDITION be extended until March, 1997. This request for the extension of the above referenced final plat is predicated by the concerns of the various regulatory agencies with respect to storm drainage issues that have as yet to be resolved. We continue to gather the applicable storm drainage data from the City of Savage and Scott County. Our project consulting engineer, Mr. Robert Wiegert, PE, of Paramount Engineering and Design, Inc. is very close to finalizing the storm water management report addressing the various storm water issues and a copy of the completed report shall be forwarded to Mr. Dave Nummer at the City of Shakopee. It is our desire to then have the matter properly reviewed and analyzed by the City of Shakopee staff. This additional time should allow all parties involved to adequately review and analyze these various storm drainage issues pertinent to our site. As you are aware, it is the desire of the Muhlenhardt' s to exercise their option of obtaining final plat approval based upon the current 2.5 acre lot criteria versus the pending 10 acre lot criteria. This request for tabling of the final plat at this time is based upon the premise that we shall be able to proceed with the 2.5 acre concept at the March 7, 1996 Planning Commission meeting and the subsequent City Council meeting. If you have any questions or comments, please don' t hesitate to contact either myself at 482-0386 or Mr. Robert Wiegert, PE at 771-0544. Sincerely, Robert E. Stransky, LS R.E. Stransky Land Surveyors c.c. Mr. Steven Muhlenhardt Mr. Dave Nummer, PE Mr. Robert Wiegert, PE Mr. Scott Merkley 2345 Rice Street • Suite 201 •Roseville,MN 55113 • (612)482-0386 ik., MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Community Development Director DATE: February 13, 1996 RE: Tree and Woodland Preservation Standards DISCUSSION: The City of Shakopee has a Tree and Woodland Preservation Ordinance in Sec. 11.60, Subd. 9 of the Zoning Chapter of the City Code(see Attachment 1). There are a number of provisions in this subdivision that limit the ability of staff to effectively determine and enforce the intent of the City Council including the following: • Certain portions of the text are problematic from an implementation standpoint, including"...shall be located in such a manner that the maximum number of trees shall be preserved." and"...shall demonstrate that there are no feasible or prudent alternatives..." because it puts staff in a position of having to interpret the terms "maximum", "prudent" and"feasible" on a case by case basis. It would be very difficult to ensure consistency from reviewer to reviewer and application to application without clearer definitions of these concepts. For instance, one person may read this section and determine that relocating a driveway 10 feet, or forcing a choice or reduction in the number of units is"feasible" and"prudent," while another person could view those options to be completely unacceptable and infeasible. Staff does not believe it has firm enough policy direction to make these determinations with a high degree of comfort and consistency. • The second implementation problem is that"No tree exceeding 6 inches in diameter....shall be removed without permission from the City." At the present time, the City is not notified when these removals occur, and the City's submittal processes for applications do not require information that alerts staff to this type of activity. There are also no staff members assigned to proactively look for this in the field, so it may occur virtually unnoticed. • Finally, Sec. 11.60, Subd. 9 applies to all residential development, yet there are clear landscaping standards only for multiple family developments in Sec. 11.60, Subd. 8 (see Attachment 2). This puts staff in a policy making decision on single family and low density multiple family developments regarding whether to require reforestation per Subd. 9 thus creating some sort of administrative standard, or whether to ignore Subd. 9 and require no reforestation standards. This situation is again, not comfortable for staff. Staff is seeking direction from the City Council on a number of points: 1. Does the City Council want to continue to have tree and woodland preservation standards? 2. If yes, then does the City Council want staff to draft standards that can be better implemented and what policy directions does the City Council want to see those standards move towards? 3. If yes, then until new standards can be drafted, would the City Council like for staff to interpret and enforce these provisions, or would the City Council prefer for staff not to enforce them until the new standards are implemented? {It should be noted that with the staffing priorities previously brought to the City Council, the time until new standards can be implemented could be significant since text amendments are one of the non-basic functions that have been put on hold indefinitely. There are currently at least 12 other text amendments that have also been put on hold. If the City Council wants to make this text amendment a high priority(if that option is chosen), then it would be appropriate to indicate this in the motion.) ALTERNATIVES: 1. Retain tree and woodland preservation standards in the current form. 2. Direct staff to take the steps necessary to eliminate tree and woodland preservation standards. 3. Provide direction to staff on the City Council's intent on interpretation of the current requirements. 4. Provide direction to staff to draft new standards for tree and woodland preservation. servation. 5. Provide direction to staff on the City Council's desires with the revised text when drafted(if applicable). 6. Provide direction to staff not to enforce these provisions until they can be rewritten(if applicable). 7. Provide direction to staff that this text amendment(if applicable) should be given high priority. 8. Provide direction to staff that this text amendment(if applicable) should be given the same priority as other pending text amendments. 9. Table the discussion and request additional information from staff. STAFF RECOMMENDATION: This is a policy decision and therefore staff has no recommendation. ACTION REQUESTED: Provide direction to staff on the tree and woodland preservation ordinance. ATTACHMENT 1 Subd.9. Tree and Woodland Preservation. The following standards shall apply to all residential development for which a building permit is issued after the effective date of this Chapter. A. Structures, driveways, and parking facilities shall be located in such a manner that the maximum number of trees shall be preserved. No tree exceeding 6" in diameter at a height of 6 feet above ground shall be removed without permission from the City. A person seeking permission to remove any protected tree shall demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site and shall propose a reforestation plan. Reforestation and landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. B. All development activities, including grading and contouring, shall take place in such a manner that the root zone aeration stability of existing trees shall not be affected and shall provide existing trees with a watering area equal to a minimum of one-half the crown area. C. Notwithstanding the above,the removal of diseased trees,or trees seriously damaged by storms or other acts of God, shall be permitted. 4 �, ATTACHMENT 2 Subd. 8. Landscaping Requirements. Landscaping shall be required in ail multiple-family residential, business and industry zones in accordance with the following: A. For all residential uses containing 6 or more dwellings, and for all business and industrial uses, at least 15 percent of the lot shall be landscaped. The landscaping shall be concentrated between the principal structure and any adjacent street right-of- way or other areas of the lot which are visible from a street. B. A minimum of five units, as defined below, of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area up to 10,000 square-feet. An additional three units of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 10,000 and up to 50,000 square feet. An additional unit of landscaping shall be required for each 1,000 square feet or fraction thereof of gross building area over 50,000 and gp to 100,000 square feet An additional 1 unit of landscaping shall be required for each 5,000 square feet or fraction thereof of gross building area over 100,000. C. Landscaping materials must meet the following minimum size requirements: 1. overstory deciduous trees 2 inch diameter 2. ornamental trees 1-1/2-inch diameter 3. coniferous trees 6 feet 4. shrubbery 5 gallons Each of the above shall constitute one unit of landscaping. Not more than 50 percent of the landscaping units required by this section shall be composed of shrubbery. t' > D. If healthy landscaping of acceptable species exists on a site prior to development, the Zoning Administrator may allow credit for such landscaping in meeting the requirements of this subdivision, if it is left in good condition. One unit of mature existing landscaping may be credited as two units of new landscaping. Each existing mature hardwood tree may be credited as three units. E. All landscaping shall be properly maintained and any dead or diseased material shall be removed and replaced with material meeting the requirements of this section. The City shall require submission of a landscaping bond in an amount equal to 115 percent of the value of the landscaping to ensure compliance with this section during the first year after planting. EXHIBIT A R. E. STRANSKY LAND SURVEYORS February 12, 1996 Ms . Julie Baumann City of Shakopee I 3 1996 129 Holmes Street South Shakopee, Minnesota 55379 -�- - RE:Request for a one year extension of the approval of the final plat of HORIZON HEIGHTS 5TH ADDITION Dear Ms. Julie Baumann; As discussed via telephone on Wednesday, February 7, 1996, I am hereby requesting, by way of this letter and on behalf of the Muhlenhardt ' s, that approval of the final plat of HORIZON HEIGHTS 5TH ADDITION be extended until March, 1997. This request for the extension of the above referenced final plat is predicated by the concerns of the various regulatory agencies with respect to storm drainage issues that have as yet to be resolved. We continue to gather the applicable storm drainage data from the City of Savage and Scott County. Our project consulting engineer, Mr. Robert Wiegert, PE, of Paramount Engineering and Design, Inc. is very close to finalizing the storm water management report addressing the various storm water issues and a copy of the completed report shall be forwarded to Mr. Dave Nummer at the City of Shakopee. It is our desire to then have the matter properly reviewed and analyzed by the City of Shakopee staff. This additional time should allow all parties involved to adequately review and analyze these various storm drainage issues pertinent to our site. As you are aware, it is the desire of the Muhlenhardt' s to exercise their option of obtaining final plat approval based upon the current 2.5 acre lot criteria versus the pending 10 acre lot criteria. This request for tabling of the final plat at this time is based upon the premise that we shall be able to proceed with the 2.5 acre concept at the March 7, 1996 Planning Commission meeting and the subsequent City Council meeting. If you have any questions or comments, please don't hesitate to contact either myself at 482-0386 or Mr. Robert Wiegert, PE at 771-0544 . Sincerely, /C1/-44,)6 Robert E. Stransky, LS R.E. Stransky Land Surveyors c.c. Mr. Steven Muhlenhardt Mr. Dave Nummer, PE Mr. Robert Wiegert, PE Mr. Scott Merkley 2345 Rice Street • Suite 201 • Roseville,MN 55113 • (6121482-0386 11 d MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Cable System DATE: February 15, 1996 INTRODUCTION: On February 6, 1996 Councilmember Zorn requested staff to prepare a summary of the cable television system in Shakopee and related activities. BACKGROUND: Following is a summary of the key components associated with the operation of the Shakopee cable television system in Shakopee and the role that the City of Shakopee plays in administering the cable franchise ordinance and related activities. Cable Franchise Ordinance The City of Shakopee approved Ordinance No. 100 on September 7, 1982 establishing a cable television system in and for the City of Shakopee. The original franchise was granted to a company called Zystra United Cable Television. Over the years several ownership transfers have occurred. The current cable television operator in the City of Shakopee is Paragon Cable a subsidiary of Time Warner Inc. The initial term of the franchise ordinance was 15 years. However, on April 1, 1986 after a series of negotiations with the cable operator, the ordinance was amended granting an additional five year extension to the franchise term. The franchise is now scheduled to expire on October 26, 2002. In conjunction with the amendments made on April 1, 1986 the City deferred several obligations of the cable operator. Most notably, the cable operator was relieved of their responsibility for providing public access and local programming support. Other deferrals included unmet obligations with respect to the institutional network, pole rental fees and unmet capital expenditure commitments. These items were initially deferred for a five year period. An additional five year extension of the deferrals was subsequently approved by City Council in April of 1991. The five year deferral period will expire this year on April 1st. The Cable Commission will be reviewing this matter in March and will be forwarding a recommendation to City Council in regard to the deferrals. In exchange for the deferrals, the City received cash settlements and ongoing direct financial support for public access programming which are addressed later in this memo. Rate Regulation Issues When the original cable franchise ordinance was adopted in 1982, Federal Regulations allowed municipalities to regulate cable television rates. The 1992 Cable Communications Act took broad steps to deregulate cable television service. Additionally, the regulations imposed onerous standards on municipalities who desired to continue rate regulation. FCC regulations adopted within the last year have also restricted municipalities abilities to control cable television rates. Today, rates are strictly regulated by the Federal Communications Commission(FCC). The FCC also regulates technical standards. Technical performance standards and accompanying reports are required to be submitted to the City of Shakopee on an annual basis. The cable television operator has provided these reports on a regular basis and they are in accordance with FCC standards. In the past when the Shakopee City Council has reviewed cable television issues particularly with respect to rates, the City has taken a hands off position. Previous Councils have taken the position that cable television service is a non-essential service. Residents have other options to access local broadcast stations and premium services. Most notably, competition now exists from direct broadcast and independent satellite services. The future potential for telephone companies entering the local market may also exist within the near future. Attached is a letter from Mark Hammerstrom, Operations Manager for the Shakopee Cable System which briefly summarizes rate issues and the impact of recently approved FCC regulations. Public Access The deferrals granted to the local cable television operator in 1986 were granted upon several conditions. Most notably, the cable operator was required to enter into an agreement with the local access corporation for public access support. The conditions of this agreement specify that the cable operator submit to the access corporation the following compensation: a. $2,000 per year studio maintenance grant b. $2,400 per quarter for studio related expenses c. $.40 per subscriber per month access support payment The Shakopee Community Access Corporation is a non-profit organization comprised of local residents interested in supporting public access programming. The access support agreement between the Community Access Corporation and the cable television operator expires at the same time the deferrals expire. The Community Access Corporation has a contract with PFR Productions for operating the public access studio. PFR Productions is responsible for staffing the cable television studio and insuring that all equipment is maintained properly. PFR Productions also provides the personnel support for broadcasting regular City Council meetings and Planning Commission meetings. The Access Corporation reimburses PFR Productions for these services. The current contract between PFR Productions and the Access Corporation provides compensation in the amount of approximately $19,000 for these services. The Access Corporation is also responsible for purchasing equipment to effectively operate the public access channel. Franchise Fees The Cable Franchise Ordinance specifies that the cable television operator will submit to the City of Shakopee on a quarterly basis a 5%franchise fee. The 5%franchise fee is calculated based on gross cable television revenues. In 1995 the cable franchise fee equated to approximately $43,000. The franchise fees passed on to the City are to be obligated towards offsetting costs associated administering the franchise ordinance in the City of Shakopee. Traditionally the City has retained approximately 10% of the franchise fees collected for direct administrative costs. The remainder of the franchise fees have been passed on to the Cable Franchise Corporation to offset costs associated with administering the public access and government access channels. Federal regulations cap franchise fee collections by municipalities at 5%. The Future Next month the negotiations with Paragon Cable will commence with respect to the possible continuation of the deferrals through the remainder of the franchise ordinance. Staff expects that a recommendation will be forwarded to City Council in early April. Around the turn of the century, it is anticipated that the cable operator will be approaching the City of Shakopee requesting a renewal of the franchise ordinance. Current FCC regulations make it nearly impossible for a municipality to deny a cable television operators request for renewal. I am only aware of two cases in the entire country where a city has been able to reject a cable operator's renewal request. In these to cases the city had kept a documented log for five years outlining each and every cable complaint received in their community. Since I have been responsible for administering the cable franchise ordinance in Shakopee(past 10 years) I would estimate that we receive between two and three legitimate cable complaints per year. When these complaints are received and forwarded to the cable operator they are typically resolved within the day. PARAGON CABLE M IN N ESO T A February 13, 1996 Mr. Barry Stock Assistant City Manager City of Shakopee 129 Holmes Street South Shakopee, Mn. 55379 VIA FAX Dear Barry; I enjoyed meeting with you on February 8, and appreciated the tour of the new Shakopee Community Center and the new studio facilities for the Shakopee Community Access Corporation. I am sure the residents of Shakopee will be well pleased with the center, and the Council and city staff should be proud of this fine facility. I know I speak for our company when I say that we genuinely appreciate and value the working relationship we have with the City of Shakopee. We are pleased that the technical improvements we have made to the system, as well as the new services we have introduced, have been well received by our customers. You had some questions, however, about the most recent rate changes which went into effect on January 1, 1996. As I mentioned, these changes were due, among other things, to a combination of previously existing Federal Communications Commission (FCC) regulations, new FCC regulations, as well as the social contract recently adopted. Our rates are strictly regulated, and the FCC allowed us to adjust them for inflation and programming increases we had not previously taken, projected increases for inflation and programming for 1996, plus the $1.00 per year cap we committed to in the Social Contract. Perhaps the most important fact, though, is that this increase was the first in Shakopee since September of 1993 when our rates increased by $.15 per subscriber. The last rate change prior to that was in December 1992. Given that fact,the rate changes recently implemented represent less than a 5% percent increase per year in our rates since December of 1992. Further, the cost of our basic service actually decreased for the first time since it was introduced in 1991. The rates in effect on January 1 conform to FCC regulations, and the forms which were submitted to the city with the rate change announcement on December 21, 1995 demonstrate this. 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 TDD 612/522-4538 FAX 612/521-7626 A Time Warner Inc. Company Although the Social Contract permitted us to increase rates, it also brings a number of benefits to the community. These include the new, lower-cost basic cable service I mentioned so that more people can afford cable, as well as free cable service for every state-accredited public and Title 1 private and secondary school within 200 feet of our lines. In addition, schools will be provided access to Time Warner's new on line computer service which, once the service becomes available, will take advantage of cable's high-speed delivery system. Each school will receive a free modem, connection to the service and training for teachers. Time Warner has also committed to spend $5 billion over the next five years to upgrade the cable systems it owns, like the one in Shakopee, to keep pace with technology. I hope the preceding has been useful in understanding the rate changes we discussed. I understand that the new members of the city council may have further questions of us, and so I will plan on attending the February 20th council meeting to introduce myself and answer any questions the council may have. I look forward to seeing you then; please call in the meantime if I can be of further assistance. Sincerely, M. ammerstrom Director of Nortel Operations c: Wayne Knighton Kim Roden MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator //0 RE: Recreation Center-Family Net Lease Agreement DATE: February 12, 1996 INTRODUCTION: Staff has prepared a lease agreement for office space in the recreation center with the Inter Agency Service Counsel (Family Net). It would be appropriate at this time to authorize the appropriate City officials to execute the lease agreement accordingly. BACKGROUND: Prior to the construction of the Shakopee Recreation Center, the Inter Agency Service Counsel (Family Net) approached City Council requesting that space be included in the new recreation center for a Family Net office. At that time, City Council concurred and staff was directed to include in the facility plans office space for the Family Net office. Council also directed the appropriate City officials to prepare a lease for the Family Net office which would provide for a one year term and a month to month renewal thereafter, with a 90 day cancellation provision available to either party. The rent for the facilities which equate to approximately 200 sq. ft. has been established at $2,700.00 per year(all inclusive)with the exception of telephone services. Staff is seeking Council approval authorizing the appropriate City officials to execute the Family Net lease agreement accordingly. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a lease agreement by and between the City of Shakopee and the Inter Agency Service Counsel (Family Net) for office space within the Shakopee Recreation Center. 2. Do not authorize the appropriate City officials to execute the lease agreement by and between the City of Shakopee and the Inter Agency Service Counsel(Family Net). 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. • ACTION REQUESTED: Authorize the appropriate City officials to execute a lease agreement by and between the City of Shakopee and the Inter Agency Service Counsel (Family Net) for office space within the Shakopee Recreation Center at a rate of$2,700.00 per year(all inclusive)with the exception of telephone. 1 /' MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer ,Q i SUBJECT: Authorization of Feasibility Report for the Area SS-H Trunk Sewer DATE: February 15, 1996 MEETING DATE: February 20, 1996 INTRODUCTION: The construction of the trunk sanitary sewer to serve sewer district SS-H was included in the Capital Improvement Plan for construction in 1996. This scheduling was based on anticipated MUSA expansion by the Metropolitan Council. Staff is seeking Council permission to begin work on the feasibility report for this improvement. BACKGROUND: The proposed SS-H trunk sanitary sewer will serve approximately 1060 acres in the City of Shakopee. This sewer was identified as the first trunk facility to be constructed in the growth staging section of the Draft 1995 Comprehensive Plan. Staff has received several inquiries regarding both the potential for MUSA and the construction of the trunk sewer to serve that area. Recently, a preliminary Planned Unit Development (PUD) plan was submitted which would be served by this trunk sewer. Attached is correspondence from the developer requesting that the feasibility report be initiated. The construction of trunk sanitary sewers in the City of Shakopee is funded through the Trunk Sanitary Sewer Charge. This fee is charged to developing properties in the City and the funds are used to construct new facilities, without having to assess for the improvements. Since these improvements are not proposed to be assessed the usual process mandated by Statute 429 need not be followed by the City Council. The Council could simply order the improvement if they so desire. At this time, staff is recommending that the City Council order the preparation of a feasibility report for this project. The purpose of this report is to more accurately determine the costs to construct the sanitary sewer and to establish an alignment through the currently undeveloped parcels which would be served by this sewer in the future. c:\dos\ss-hfeas.doc ALTERNATIVES: 1. Direct staff to begin work on the feasibility report for the SS-H Trunk Sanitary sewer. 2. Wait to order the feasibility report until MUSA has been granted to the area. 3. Direct staff to begin work on a feasibility report for a trunk sewer to serve another area. 4. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. If the feasibility report is delayed until MUSA is granted to the area, it may be very difficult to prepare the feasibility report, plans and specifications and acquire right of way prior to development in the area. If MUSA is not allocated to the study area in the near future, staff could simply place the completed feasibility report on the shelf and utilize it at such time as the MUSA is expanded. ACTION REQUESTED: Move to direct staff to begin work on the feasibility report for the SS-I-1 Trunk Sanitary sewer. c:\dos\ss-hfeas.doc C-) I I co t..) 1,,,)v T. 1 a 8.1 -x I o ' : I . ' 01•,..,, -,0. ,,,,,,* i......... QIPP I) -.1 *,,„,-...„.. .. 0 \I I-:.--• ......1 . ._....,_.,.-- ----7 -- , Lri------ , co ,aa03 9 J.,%),\ 7 I • i \dc. co P 0 o 6 \I I C.7 , . . I' -I \.... - \ 1 . I. Z I. 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Arn! 1 Ls%. . - --- - _ \. — -.-- \ 1 * I -;a \ .F10,41 k .. . ill \ X _if.fri 411141e210, II (INVij dk cn._4(.4.- "4 , .)%'... It: 41 13, cn c::. . ' i : . .t, • ; ' ri-7— . ' I, . 4 v, c z v. I,. ... . ., ,, . • 1r# -- i i • 1 01, rri 1 - _Ir. 1 a.. ...... itb 1 cN • -' 1, !)1 , , - - „.. 4....vka.P............ —Pa- -.. . .1 1' r —— — — ....j, 1 co 1 1 —m 0 / to) —io z cn—D ' co CA 0 a) / '4' I icc>4 9 *II I 0 IV U) •r _ (/) I o co 0 R P II 0 C (n •.1 I IN I ® / 0 (/) I . LIE I 167 I ' lol-. FEB 15 ' 96 16: 32 FROM 612 5449806 PAGE . 002 ORRIN THOMPSON HOMES Minnesota Calls Us Home BY FAX TRANSMISSION February 15, 1996 Mr.Bruce Loney P.E. Public Works Director City of Shakopee 129 Holms Street South Shakopee,MN 55379 Re: Area SS-1 Trek Sewn Dear Mr_Loney: Orrin Thompson Homes,a Division of U.S.Home Corporation respectfully requests that the City of Shakopee embark upon a Trunk Sewer Feaibility Study to consider bring service to our property located east of and adjacent to the new St.Francis Regional Medical Center. Thank you for your continued cooperation. Respectfully re;u2.4.2 #220.60,. Bruce Pankonin Development Manager ORRIN THOMPSON HOMES cc Lee Johnson Orrin Thompson Homes Paul Bilotta City of Shakopee 8421 Wayzata Blvd.•Suite 300•Golden Valley,MN 55426.544-7333 ** TOTAL PAGE .002 ** ll TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: February 14, 1996 Introduction and Background Attached are a print outs showing the division budget status for 1995 and 1996 based on data entered as of 2/13/96 . 1995 still has several more items to be recorded and will not be finalized until about April . Also attached is a regular council bill list for invoices processed to date for council approval . The Civic Center capital projects fund has recorded expenditures of $5, 296, 664 .26 to date including $42, 993 .33 in preliminary (pre building research) costs. In this bill list is $364, 757 .83 included above. Included in the check list but under the control of the EDA are bills for Block 3&4 in the amount of $263, 221 . 08 for the closings on two parcels which have been executed. Action Requested Move to approve the bills in the amount of $933, 889 . 97. 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H il H* H# H # Ox U ) V U1 V L11 V U1 V U1 V U1 V U1 V U1 V U1 V N V Ul V 0 U H a) rn ca a, .. • w 01 m M co O N N N N O N M N 10 CO O d' d' r. M N l0 01 l0 l0 N N H 01 C` 0 0 d' (h O1 m 01 .0. IA N 10 l0 0 01 d' '.0 CO 0 01 N N N m ri 0 N 0 N CO l0 N H d' m H 01 H M 01 H C') 01 V' 4/} 10 10 L} 0 i/} V' i? L} 01 0 ih L} M N H L} 01 CO 10 01 01 H r�1 g U G. h F F IS W O H H Ell Z Z a H H rcl 3 H z 3 A a° a x a' Z 3 0 w ?' Cl. H H Z `� °a `� 4 0 Et £ Ft $1 0) 0 C/) H 4 0 w 4 3 X Cx H U H X m W 0 14 Z H ' H O 'o H CrG cK 0.' U) O 01 Z 0 CuG. U U 0 aN u O1EA C) Cw0 Hgoriu] U)) w ]C H H N a) 01 0 0 0 0 0 0 O 0 N M 01 In c' H M V' tf1 a' 0 .14 V' V' V' w N N N N a) H 2t 4t 3t 4:t 4t 3t 3t 4t 3t it *t 0 Z z zz z Z Z Z Zz z Z O D D D D O Cx. Cx. Cx. Cx. Cx, Cx. Cx., Cs, Cx. Cx. C.. /ik TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Interfund Transfers DATE: February 8, 1996 Introduction Council approval of interfund transfers is requested. Background Council is requested to approve of the following interfund transfers; Transfer $800, 000 from the TIF Trust Fund to the Blocks 3 & 4 Projects Fund in order to provide money to pay for the property acquisitions and relocations taking place in accordance with the TIF Plan. This places the money under control of the EDA. Transfer $251, 340 from the General Fund to the Recreation Fund in accordance with the 1996 budget in order to provide funding for the operations of the Recreation Fund. Action Requested Move to approve of the transfer of $800, 000 from the TIF Trust Fund to the Blocks 3 & 4 Capital Projects Fund and $251, 340 from the General Fund to the Recreation Fund. MEMO TO: Dennis R. Kraft, City Administrator /14 FROM: Barry A. Stock, Assistant City Administrator RE: Lease Agreement 125 1/2 East First Avenue(Dr. Janu) DATE: February 12, 1996 INTRODUCTION: The City has secured acquisition of the property located at 125 East First Avenue. A tenant currently occupies the upper portion of the building. It would be appropriate at this time to authorize the appropriate City officials to prepare and execute a lease agreement by and between Dr. Robert F. Janu and the City of Shakopee. BACKGROUND: On January 23, 1996 the City secured acquisition of the property located at 125 East First Avenue. This transaction included the assignment of the lease for the upper portion of the building to Dr. Robert F. Janu. During the week of February 5th I had the opportunity to meet with Dr. Janu to discuss the terms of the lease agreement. Dr. Janu informed me that there was no official lease in place between him and the previous property owner for the facility. Dr. Janu stated that he had a basic verbal understanding with the previous property owner in terms of the lease payments. Dr. Janu went on to state that he was paying approximately $325.00 per month for the facility. He was also responsible for covering all the utilities with the exception of gas. With this in mind, staff is recommending that the appropriate City officials be authorized to prepare and execute a lease agreement by and between the City of Shakopee and Dr. Janu for the second floor of the building located at 125 East First Avenue. The proposed terms of the lease agreement include a monthly rental rate in amount of$325.00. Staff is also proposing that Dr. Janu be responsible for all utilities with the exception of gas. Staff is proposing that this lease arrangement be made available on a month to month basis. The terms of the lease agreement would provide for the termination of the lease agreement upon a 30 day written notice by either party. The proposed effective date of the agreement is March 1, 1996. Staff is seeking Council authorization to proceed as stated herein. ALTERNATIVES: 1. Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Dr. Robert F. Janu for the second story of the building located at 125 East First Avenue at a monthly rental rate of$325.00 with the tenant to be responsible for all utilities with the exception of gas. 2. Do not authorize the appropriate City officials to prepare and execute the lease agreement by and between Dr. Janu and the City of Shakopee. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and Dr. Robert F. Janu for the second story of the building located at 125 East First Avenue at a monthly rental rate of$325.00 with the tenant to be responsible for all utilities with the exception of gas. t MEMO TO: Dennis R. Kraft, City Administrator // • FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Recreation Center- Cable Access Studio Lease Agreement DATE: February 12, 1996 INTRODUCTION: The plans for the Shakopee Recreation Center included facility space for the Shakopee Public Access Studio. It would be appropriate at this time to authorize the appropriate City officials to prepare and execute a lease agreement by and between the Shakopee Access Corporation and the City of Shakopee for said space. BACKGROUND: When the Shakopee Recreation Center plans and specifications were being prepared, the Shakopee Public Access Corporation requested that space be included in the recreation center for a public access studio. The Public Access Corporation agreed to an annual rent of$7,200.00 per year(all inclusive)with the exception of telephone. Staff would propose that the term of the lease agreement be similar to the term established for the Family Net office space. Initial one year term commencing on January 15, 1996 subject to automatic renewal on a month to month basis. The lease agreement would also include a provision which would provide for termination by either party upon a 30 day advance written notice. It would be appropriate at this time to authorize the appropriate City officials to prepare and execute a lease agreement by and between the Shakopee Public Access Corporation and the City of Shakopee for the public access studio space in the Shakopee Recreation Center. ALTERNATIVES: 1. Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and the Shakopee Public Access Corporation for public access studio space in the Shakopee Recreation Center. 2. Do not authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and the Shakopee Public Access Corporation. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to prepare and execute a lease agreement by and between the City of Shakopee and the Shakopee Public Access Corporation for public access studio space in the Shakopee Recreation Center at a rate of$7,200.00 per year(all inclusive)with the exception of telephone. i/Ic, MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Precinct Boundaries DATE: February 8, 1996 INTRODUCTION: The City has two precincts in which there are over 2,000 registered voters. It would be appropriate for the City Council to consider changing the precinct boundaries of these two precincts at this time. Staff is seeking direction on establishing new precinct boundaries for these two precincts, creating two new precincts and designating the polling places for the new precincts. BACKGROUND: Currently the City is divided into six precincts comprised of registered voters numbering as follows (as of November, 1995) : P-1 - 1,132 P-2 - 1,022 P-3 - 2,042 P-4 - 2,146 P-5 - 1,329 P-6 - 0 (Required because this area is in a separate legislative district) It is recommended that precincts be divided after they reach over 2,000 registered voters. Both the third and fourth precincts have over 2,000 registered voters. Also, much of the future growth in Shakopee in the next five years will be occurring within these precincts. State law will not allow a change in precinct boundaries beginning in 1997 and until after the census and after the legislature has been redistricted. This won't occur until 2001 or 2002. State law also requires that any changes in precinct boundaries be made at least 90 days before the date of the next election. The next scheduled election is the state primary on September 10th. It is therefore appropriate that the City Council begin discussing making changes in the precinct boundaries for the third and fourth precincts. Precinct Boundaries February 8, 1996 Page -2- State law requires that the boundaries of election precincts follow visible, clearly recognizable physical features. Visible, clearly recognizable physical features means a street, road, boulevard, parkway, river, stream, shoreline, drainage ditch, railway right-of-way, or any other line which is clearly visible from the ground. A street or other roadway which has been platted but not graded is not a visible, clearly recognizable physical feature. Keeping this in mind, I recommend that the City Council consider dividing precincts three and four into two additional precincts, keeping the anticipated growth of the City in mind. The Scott County Auditor's office has all registered voters in Scott County listed in the computer by name, address, precinct, City/township, school district, county commissioner district, and legislative district. They have computed the number of voters that would be within the areas that we have identified for splitting the precincts. Precinct 3 - It is recommended that Precinct 3 be divided at Vierling Drive. (See attached drawings showing the existing precincts and the proposed precincts. ) The number of currently registered voters in the two newly created precincts would then be as follows: No. of Vierling Drive - 1,548 = P-3 So. of Vierling Drive - 561 = P-7 (new) Precinct 4 - It is recommended that Precinct 4 be divided to create a new precinct lying between CR-16 and the bypass. The number of currently registered voters in the two newly created precincts would then be as follows: So. of CR-16 and No. of bypass - 1,509 = P-8 (new) Remaining P-4 East of Marschall Road - 674 = P-4 Two of the resultant precincts consisting of 1,500 registered voters are, for the most part, developed. It is not anticipated that there will be a significant increase in the number of registered voters within these areas. The 1,500 number of registered voters is a manageable number for one polling place. Two of the resultant precincts are within areas that are expected to be developing considerably within the next 10 years. They are being created with a small number of registered voters with this in mind. Precinct Boundaries February 8, 1996 Page -3- With the creation of two new precincts, it is necessary to identify new polling places. Again, the law contains specific requirements for selecting polling places. They must be located within the boundaries of the precinct or within 3,000 feet. The facility must be handicapped accessible and meet those requirements as spelled out in the law. When a registered voter's polling place is changed, they must receive notification of the change, which requires additional time and funds. Keeping this in mind, it is recommended that a polling place be selected that would most likely be available on a reasonably permanent basis. For the new P-8, I have spoken with the appropriate parties at the Calvary United Methodist Church, 2488 Vierling Drive East. Their fellowship hall meets the State requirements for a polling place. They are most willing to make it available on a permanent basis for a polling place. The only request they have in return is that the City consider paying for clean up after the election for a nominal fee - $30.00. For the new P-7, I have spoken with the appropriate parties at the Faith Lutheran Church, 150 West 130th Street. Their fellowship hall meets the State requirements for a polling place and they are also most willing to make it available on a permanent basis for a polling place. I have also spoken with representatives of Cross of Peace Lutheran Church, 1506 Wood Duck Trail, about using their facility as a polling place. Although approval is needed from the parish council, it appears that they too are willing to make their facility available for a polling place. Their facility also meets the State requirements for a polling place. This facility would make a good polling place except for one draw back. There is limited visibility to the South when exiting Wood Duck Trail onto Marschall Road. This could present a safety concern during busy times of the day. This facility could be used replacing the current polling place located at the Eagle Creek Thrift Shop. Although the lease between the City and the CAP Agency for the Thrift Shop allows for the use of the building as a polling place, disruption of their activities does occur on election days. If another suitable site were available, they would be very appreciative. I am not recommending that the Eagle Creek Thrift Shop polling place be changed at this time; however, I did want to bring this to your attention. (Depending upon where a new fire station is located, this may provide a possible site as a polling place within a couple of years. We could consider moving the 4th precinct polling place at that time. ) Precinct Boundaries February 8, 1996 Page -4- It is recommended that City Council discuss creating two new election precincts, boundaries for the new precincts, polling places for the new precincts and give staff direction so that the proper ordinance and resolution can be prepared. RECOMMENDATION: 1. Divide Precinct 3 at Vierling Drive. 2. Divide Precinct 4 creating a new precinct between CR-16 and the bypass. 3. Select Calvary United Methodist Church as the polling place for a new P-8. 4. Select Faith Lutheran Church as the polling place for a new P-7. 5. Allow the Eagle Creek Thrift Shop to continue to be the polling place for P-4 (being reduced to 600+ registered voters) . h:judy\precinct irA X' AvE. 0333,1,1a A-1 ,_,_ =,E:ouivri_30 ..1.110 _, _,11,41,001.. „11,1 4 L S S �m��mm®��`1,,,,,,. .%,..,,, _=D333,_, , a„ ct, �mrir mm i - NONgRCH .— '' =MI MI 11 1 ATI titili 0 It 10: PP ' v • CLOVER: = MI MI IIIR gol" ,�� a CT. liom II ® ■R SALE o��4 R �, • Si A „i ®E4 El GORNAN ST. ��Isc`. 9.n SAGE LIs ANE M �/ „ A PIONE C��� 4 I/I/0\\\`IIIVIII i tiling! NARSCHALL RD. MARSCHALL RD. � TT yf '� 1 DigMcM ROUNDHOUSE a TRAIL / c ------ 1 �TREET ��� IRgMSEY I®ISVIFT I® . - '41! INII LFR I ST. 5 JJJI///u/LJI/SIIARPZIN STREET '!I NFANIG ' 'AUST .tea ST.. P 0ZfD HVODNVN3HS \l‘' a DC ANON a tER -• -`�JASPER L (,/,-) 1 (S I •,N ��.�y{ II�� ��--yy �.�{ 'ARK WAY 4110 /// Z W ✓� .GI T YROHf DR/ ! flI v I (A O Z C 1-3 ea Z tii dCf) H > Z Z :n O tlJ HZ tri LTJ H Z cnZ - ro I w I �.2 / 7,J2�0 / - -14,40 - W� 1/fb� � U`a toa7 r �z it , 7 II— D_ 4. ii ,/ ,..7/ i ,, , ..."5- ,/ ,.. v i , 1 z1" ozu ,/, ../ ,„ ; „... 0_ ir. W <(0) - El 1 lio (..,, , / t„, 0 do Q I B IIIA J j0� �/ o 'l i I ,_A ca 'ON 1,. 7 1° i .../,,, ... .._ . . , u tc, n z is 0 to , ;, ,,, 00 6. CL (i 4(A ( 11'1,,,--,,,,,ii , � ,..,„, , 4 . CL 1 c 1�� ula J.. ,[.j r crr 1.1 " E - 'aa "-- ;'I!,rt.'.m , # * e e I e ;1111 Yui— , 1i 1 fiLMIP L� ,114) 4 d iw_. 7-.---,,,,,,_, o • 11c't,lhl ®NOir. � _��-,,,Im�ommm lei u % 1.04 IIU�i�- i. dJ '1//�1j 1ippl`= P Altfc5g3,‘=—.`, m=__ 14 IalitR�� 11 6 U CL_ N,‘AVI--,.44 ' •• .4 pa W «i Cy t. r� �° C..) Ore, •c O >zw11 aaE-IzwU a a - c�1 1- v� `p so0 N aaaaaaaa Co ° , q.Yp nn -76 p° /a 41 y��r 1 / d �VP r s Zp V/V:, , , ,,..,.... (or��� —.` o e `7Ik ISIpp y 0 \ , 0 .,....., ,„„ s, ,, 1 : .. Eic ,,, 0 < „ i , L, = 1 fr qii 1,. , 46.) 1/1 lik U n n a p .r i 1— ce .� aam lit 1' i stEg i '4 4 'lM a4 i c 1/ T . �/� I,,.........„„? l' il / c... . /01.,r.F 1 , `1 1 pi®1/,4 'aa iivHosava ?J1L1 * * * * e ir p►►ui II®08 ��/ J�►11i i iYt� l� ?ILL Wr ',1. ;ti a' °- Mg�►lel►.,1 ®xNou mot ri.gott 111 ,,�� -.. U Av.�eLLlc ' ®m1e4e_ ► ,►mmom ■- 0 Y om® mam`:►f dr ,.m m® s '' . �`' °°) 9 \\ CL -� MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer PA/ SUBJECT: Marschall Road Street Light Analysis DATE: February 15, 1996 MEETING DATE: February 20, 1996 INTRODUCTION: At the February 6, 1996 City Council meeting, staff was directed to investigate the street lighting on Marschall Road from 1st Avenue to 10th Avenue. Staff has completed this review and is presenting this information to the City Council for their consideration. BACKGROUND: Attached is a map showing the existing street lights on Marschall Road. Currently, there are street lights at all intersections with City streets and a few mid block lights on the exceptionally long blocks. In addition, several of the commercial properties adjacent to Marschall Road have private lighting in the parking lots. The only reference to street lights in the City Code is in the Subdivision Regulations, Section 12.06, Subd. 6, which states that "the subdivider shall provide for the installation of street lighting and operation for a period of three (3) years as prescribed by the Utilities Manager". This section of the City Code does not really pertain to the existing lighting on Marschall Road because no subdivision or property development activities are taking place. Staff has contacted Shakopee Public Utilities Commission (SPUC) and requested an explanation of their policies on street lighting. Currently, SPUC does not have a street lighting standard for County Roads, mainly because this issue has not been raised until recently. The standard for City collector streets is a street light at all intersections and if the spacing is more than 600 feet between intersections, an additional light would be required midblock on one side. If the policy for City collector streets were applied to Marschall Road the blocks between Shakopee Avenue and Gorman Street, and between Gorman Street and 4th Avenue would be identified as areas that would require additional lights. Both of these blocks have at least one midblock street light (the block between Shakopee Avenue and Gorman Street has two). The longest spacing between these lights is 625 feet which is very close to meeting the standards for streets light spacing on collector streets. h:\council\stlight.mo In addition to the City Code and SPUC requirements, Scott County has jurisdiction in the Marschall Road corridor. Staff has contacted the County and they have indicated that their policy is to only install street lights at intersections where traffic signals are being installed. The County also commented that the original design for Marschall Road was completed by the City, which included the street light design. Supposedly,this issue was considered at that time. ALTERNATIVES: 1. Direct staff to request that Scott County perform a street light warrant study on Marschall Road, from 1st Avenue to 10th Avenue and that they install street lights according to the results of that study. 2. Direct staff to obtain quotes from SPUC to install street lights in locations as determined by the City Council with the cost of the lights to be borne by the City. 3. Direct staff to obtain quotes from SPUC to install street lights in locations as determined by the City Council and request that SPUC pay the cost to install the lights. 4. Direct staff to obtain quotes from SPUC to install street lights in locations as determined by the City Council and initiate the process to assess the costs of the street lights to the benefiting properties. 5. Provide direction to staff for establishing a different standard for street lighting. 6. Direct staff to request SPUC to establish a policy for street light spacing on County Roads. 7. Direct staff to request Scott County to establish a policy for street light spacing on County Roads. 8. Do not install additional lighting on Marschall Road. 9. Table for additional information from staff. RECOMMENDATION: From a technical perspective, the existing street lighting meets or is very close to meeting the established standards. The City Council has the option of changing the standard to require a different level of service for street lighting than is currently being provided, however, staff would view this as a policy decision and would defer to the judgment of the City Council in that regard. ACTION REQUESTED: Discuss and provide direction in regard to street lighting on Marschall Road. h:\council\stlight.mo . _ : i- ID., D re . tl ��1 • � fl fTl C T- i_ Baa I 1 I L, 1LIIE 16 ii-n \---Cv- I 113WTsyskb,---, ,---nr-k$ I!. J --\ g 11111 1111 GORMAN ST, 11 ST. �� 41.---A 0 S • • U MARSCHALL RD. 111 • • • • • • \.-115 % .� • N� ROUNDHOUSE / 4. TRAIL Y ST, �TREET = Y ST. �� 0 D �`� OOb En I Elf O . ® O c-, `) S JARAZIN 0) STREET 7)e / VIKING STEEL 1\ ROAD r .0) a0 h> 00 O4, \ 1c • > W O Pi Z m Z X_ FA — m > ® U) r 7p 7 —1 Z v) O rr,- O D :EZ r > Z7 � O 1— z 6 0 C ® i r -1 /OA) MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Appointments to Boards and Commissions DATE: February 16, 1996 INTRODUCTION: Attached for Council consideration is Resolution No. 4400 which would make appointments to expiring terms on various boards and commissions. After Council has determined the successful candidates by voting, this resolution should be adopted. BACKGROUND: Various terms on boards and commissions will be expiring at the end of February, 1996. On February 6th, City Council made nominations to the boards and commissions, following the publication of the openings and receipt of applications, pursuant to Council policy. The interview committee, consisting of Mayor Henderson, Councilor Zorn, and City Administrator, Dennis Kraft, has interviewed the candidates and is recommending the appointment of the candidates as shown on Attachment "A" On February 15th, I received an application from Mr. Tim Smith to serve on the Board of Review. We currently have only two applicants for three openings and Mr. Smith would make a third applicant. City Council should place his name in nomination. DETERMINING SUCCESSFUL CANDIDATES According to Resolution No. 2206, if there is more than one person nominated for an appointment, the City Clerk shall distribute paper upon which each Councilmember shall write his preference for the appointment and sign their name. Then the Mayor shall open the paper ballots and announce how the votes were cast. If the person receiving the most votes does not have a majority vote of the Councilmembers present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates . After a candidate has received a majority vote on a paper ballot, the Mayor shall announce his or her name and the fact that he or she has a majority vote. All ballots shall be turned over to the City Clerk for proper filing. Appointments to Boards and Commissions February 16, 1996 Page -2- After it has been determined who the candidates are that have received the majority vote, their names should be inserted into Resolution No. 4400. To speed things along, in the past City Council has filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes are tallied with the first results presented to Councilmembers when the matter comes up on the agenda. If additional voting is necessary it would take place at that time. Council may wish to follow this procedure to expedite the process. The ballot is attached. BOARD OF REVIEW In the past, members to the Board of Review have been appointed for one year terms. It is recommended that they be appointed so as to set up a rotating schedule as with other boards and commissions. Resolution No. 4400 identifies a one year term, a two year term and a three year term. If City Council prefers to appoint all candidates for only a one year term, the Resolution should be amended. If City Council is prepared, it would be desirable for two Councilmembers to be designated to also serve on the Board of Review. The Board of Review has been set for Tuesday, May 14th at 7 : 00 p.m. and if necessary, would be continued to Tuesday, May 28th at 7 : 00 p.m. (Board of Review is held in the Council Chambers) ECONOMIC DEVELOPMENT AUTHORITY (EDA) At the February 6th Council meeting, the Community Development Commission (CDC) was disbanded and Council directed that the membership on the Economic Development Authority be changed. The new membership is to include: two Councilmembers, Mr. Morke and Mr. VanHorn who were previously appointed, and three additional members from the CDC. Of the five remaining members on the CDC, three have expressed an interest in being appointed to the EDA. Attached is Resolution No. 4401, making appointments to the EDA. In order to have a beginning point, staff has taken the liberty of designating terms in the resolution as follows (Council may wish to make adjustments) : Appointments to Boards and Commissions February 16, 1996 Page -3- Mr. Morke to fill the 5 yr term since he has already served one year of his initial 6 yr term. Mr. Van Horn to fill the 2 yr term since he has already served one year of his initial 3 yr term. Ms. Amundson to fill the 3 yr term since her term on the CDC would have expired in 1998, Both Mr. Reinke and Mr. Miller' s terms were expiring this year and were eligible for appointment to three year terms on the CDC, prior to its being disbanded. By lot Mr. Reinke' s name was drew for a 4 year term and Mr. Miller' s name was drawn for a 6 year term. RECOMMENDED ACTION: 1 . Complete 1st ballot and give to City Clerk at the meeting prior to roll call. 2 . Nominate Tim Smith to the Board of Review 3. Conduct additional ballots as needed. 4 . Insert the names of the top vote getters into Resolution No. 4400. 5. Adopt Resolution No. 4400 6. Insert two Councilor' s names into the resolution and make any desired amendments to Resolution No. 4401 7 . Adopt Resolution No. 4401 8 . Designate two Councilmembers to serve on the Board of Review h:judy\b&capp96 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows : Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7 :30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7 :30 p.m. Housing Advisory and Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission. 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Board of Review 7 : 00 p.m. 2 to 3 •Tuesdays • in May Name: 6UA NN(1 Address : I/87 a /444e, 5-7- Phone: (H) j'/W -2321/ (3) 332 -7:397 How long have you been a Shakopee Resident? /V . Occupation: �/�' ,4C'CC f re,4 f Does your work require you to travel? (Check one) / A great deal Periodically Very Little /Not at all • Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) .L 4A , /AI is Ze4 ' , i 4"-4 1.5�'12 iTAtel ,# Boardor Commission in which you are interested? A141456151W Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: LF f/J, /-4:44/W-/Ole‘ Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, whic. could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1. itai- 21 CV/11-44 c42,1771- 5114tal6 3 . I V/& /Q $ hAVerrfibelg4/ 4 • • I hereby certify hat the facts w' hin the foregoing application are tr d co -ct to t b st ' my knowledge..' /i/1416) / 4/14- Sig ature /L1 Date / RETURN APPLICATION AND PLEDGE TO: CI?y OF SHAKpEE City Clerk FEB City of Shakopee 5 1996 129 Holmes Street South Shakopee, MN 55379 LS (C tE l v E MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Recommendations for Appointments to Various Boards and Commissions DATE: February 15, 1996 INTRODUCTION: The City Council annually makes a series of appointments to various Boards and Commissions serving the City. The decisions in 1996 were particularly difficult because of the large number of qualified people who have applied for the openings on the City's Boards and Commissions. The members of the interview committee included Mayor Henderson, Counselor Zorn, and City Administrator Kraft. The recommendations of the interview committee are as follows: Planning Commission (two full terms plus one unexpired term) Full Terms Jon Brekke Mary Romanski Partial Term Edward Meilleur Park and Recreation Advisory Board (three positions) Delores Lebens Jeffrey Kaley Dean Shaner Shakopee Public Utilities (one position) Terry O'Toole Police Civil Service Commission (one position) Richard T. Muicrone Economic Development Authority(seven positions) Gary Morke Cole Van Horn two City Council members Deb Amundson Eldon Reinke Mark Miller Cable Communications Advisory Commission (two members) Don McNeil Steve Smith Shakopee Community Access Corporation Board of Directors (two positions) Don McNeil Steve Smith Building Code Board of Adjustments and Appeals (two positions) Robert Turek Housing Advisory and Appeals Board (two positions) Robert Turek Board of Review Eldon Reinke Richard Marks Tim Smith PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO JUDY BEFORE THE ROLL CALL ON FEBRUARY 20, 1996. THANKS. FEBRUARY 20, 1996 BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS PLANNING COMMISSION AND CABLE COMMUNICATIONS BOARD OF ADJUSTMENT AND APPEALS ADVISORY COMMISSION (Vote for 3) Includes unexpired (Vote for 2) term of Jane DuBois Todd Bladow James A. Bastyr Jon Brekke Robert Geyen Joan Lynch Bill Harrison Edward L. Meilleur Don McNeil Mary Romansky Steve Smith Bo Spurrier Gerry Wolner PARK AND RECREATION ADVISORY BOARD SHAKOPEE COMMUNITY ACCESS (Vote for 3) CORPORATION BOARD OF DIRECTORS Robert Geyen (Vote for 2) Jeffrey G. Kaley Dolores Lebens James A. Bastyr Dean Shanner Robert Geyen Paul TenEyck Bill Harrison John Tieben Don McNeil Steve Smith SHAKOPEE PUBLIC UTILITIES COMMISSION (Vote for 1) James Bastyr John Engler Dolores Lebens Joan Lynch Terry O' Toole Joseph L. Wolf POLICE CIVIL SERVICE COMMISSION (Vote for 1) Robert Geyen Mathew Lehman Richard T. Mulcrone Councilor MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Recommendations for Appointments to Various Boards and Commissions DATE: February 15, 1996 INTRODUCTION: The City Council annually makes a series of appointments to various Boards and Commissions serving the City. The decisions in 1996 were particularly difficult because of the large number of qualified people who have applied for the openings on the City's Boards and Commissions. The members of the interview committee included Mayor Henderson, Counselor Zorn, and City Administrator Kraft. The recommendations of the interview committee are as follows: Planning Commission (two full terms plus one unexpired term) Full Terms Jon Brekke Mary Romanski Partial Term Edward Meilleur Park and Recreation Advisory Board (three positions) Delores Lebens Jeffrey Kaley Dean Shaner '1�w Shakopee Public Utilities (04 positions Terry O'Toole ,1 So.5e p)-% L. t-D o / F Police Civil Service Commission (one position) Richard T. Mulcrone Economic Development Authority (seven positions) Gary Morke Cole Van Horn two City Council members Deb Amundson Eldon Reinke Mark Miller PLEASE VOTE PRIOR TO THE MEETING AND GIVE TO JUDY BEFORE THE ROLL CALL ON FEBRUARY 20, 1996. THANKS. FEBRUARY 20, 1996 BALLOT FOR APPOINTMENTS TO BOARDS AND COMMISSIONS PLANNING COMMISSION AND CABLE COMMUNICATIONS BOARD OF ADJUSTMENT AND APPEALS ADVISORY COMMISSION (Vote for 3) Includes unexpired (Vote for 2) term of Jane DuBois Todd Bladow James A. Bastyr Jon Brekke Robert Geyen Joan Lynch Bill Harrison Edward L. Meilleur Don McNeil Mary Romansky Steve Smith Bo Spurrier Gerry Wolner PARK AND RECREATION ADVISORY BOARD SHAKOPEE COMMUNITY ACCESS (Vote for 3) CORPORATION BOARD OF DIRECTORS Robert Geyen (Vote for 2) Jeffrey G. Kaley Dolores Lebens James A. Bastyr Dean Shanner Robert Geyen Paul TenEyck Bill Harrison John Tieben Don McNeil Steve Smith SHAKOPEE PUBLIC UTILITIES COMMISSION (Vote fork) James Bastyr John Engler Dolores Lebens Joan Lynch Terry O' Toole Joseph L. Wolf POLICE CIVIL SERVICE COMMISSION (Vote for 1) Robert Geyen Mathew Lehman Richard T. Mulcrone Councilor //M RESOLUTION NO. 4401 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4212, APPOINTING COMMISSIONERS TO THE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, on April 4, 1995, the City Council adopted Resolution No.4206, enabling the creation of an Economic Development Authority; and WHEREAS, on April 18, 1995, City Council appointed Commissioners to the Economic Development Authority; and WHEREAS, City Council desires to reduce the number of Councilmembers serving on the Economic Development Authority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the following persons have been appointed by the Mayor and approved by the City Council to serve on the Economic Development Authority, thereby amending Resolution No. 4212: City Councilmember City Councilmember Community Development Commissioner Cole Van Horn(initially appointed to a full two-year term expiring in 1998 Community Development Commissioner Deb Amundson (initially appointed to a full three-year term expiring in 1999) Community Development Commissioner Eldon Reinke (initially appointed to a full four-year term expiring in 2000) Community Development Commissioner Gary Morke (initially appointed to a full five-year term expiring in 2001) Community Development Commissioner Mark Miller(initial appointed to a full six-year term expiring in 2001) Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney 1.) 141eN be f.") // M RESOLUTION NO. 4400 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, THAT THE FOLLOWING APPOINTMENTS ARE HEREBY MADE: 1. and are appointed to the Planning Commission and Board of Adjustments and Appeals for four year terms expiring February 28, 2000. 2. is appointed to the Planning Commission and Board of Adjustments and Appeals to fill the unexpired term of Jane DuBois ending February 28, 1998. 3. Robert A. Turek is appointed to the Housing Advisory&Appeals Board and the Building Code Board of Adjustments and Appeals for a three year term expiring February 28, 1999. 4. Eldon Reinke, Tim Smith and Richard Marks are appointed to the Board of Review for terms ending February 28, 1997, February 28, 1998, and February 28, 1999, respectively. 5. and are appointed to the Community Access Corporation Board of Directors for three year terms expiring February 28, 1999. • 6. and are appointed to the Cable Communications Advisory Commission for three year terms expiring February 28, 1999. 7. is appointed to the Shakopee Public Utilities Commission for a three tear term expiring March 31, 1999. 8. is appointed to the Police Civil Service Commission for a three tear term expiring February 28, 1999. 9. , , and , are appointed to the Park &Recreation Advisory Board for three year terms expiring February 28, 1999. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Public . is ►�ppo�^I tc� o SS/9/4/042 rub is ID ur,1-L7ucs Cah, »,i.ssion! uiYExp Rev tele d� coLokin- 1/Gete / eN►3./NMnkoclj . I � ��1�7, ihy MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Community Development Director DATE: February 13, 1996 RE: Zoning Notification INTRODUCTION: At the February 6, 1996 meeting, the City Council directed staff to investigate the possibility of requiring a zoning disclosure at the time of sale of property. DISCUSSION: In consultation with the City Attorney, it appears this could be done through a City Code Amendment(likely in Chapter 6: Business Licensing or Chapter 10: Nuisances)that would require all real estate brokers selling real estate in the City to disclose the surrounding zoning of property either verbally or in map form. It might be beneficial to have the brokers disclose the zoning of all property within 350 feet of the sale property since that is the distance generally used for sending out public hearing notices on zoning and subdivision applications. Since the City is generally not involved at any step of the real estate sales process, enforcement of this disclosure requirement would be difficult. The effectiveness of this requirement will therefore, depend largely upon the cooperation of the real estate sales community. Staff does not know of a way to reach individual citizens that might be selling property by owner. If the City Council would like to pursue this issue further, staff would recommend that text be drafted and then all real estate brokerage firms in the City be notified so that they can provide input to the City Council prior to adoption. ALTERNATIVES: 1. Direct staff to prepare a City Code amendment requiring all real estate brokers to disclose the zoning of property within 350 feet of the subject property. 2. Direct staff to prepare a City Code amendment requiring all real estate brokers to disclose the zoning of property adjacent to the subject property. 3. Direct staff to notify all real estate brokerage firms in the City when draft text is prepared so that they may comment on the proposed text prior to adoption. 4. Do not make any changes to the City Code related to zoning disclosures. 5. Table the issue and request additional information from staff. STAFF RECOMMENDATION: Staff recommends Alternatives 1 and 3. ACTION REQUESTED: Offer a motion to direct staff to prepare a City Code amendment requiring all real estate brokers to disclose the zoning of property within 350 feet of the subject property and notify local real estate brokerage firms when draft text is prepared so that they may provide comments to the City Council and move its approval. MEMO TO: Dennis R. Kraft, Administrator. l j ©, FROM: Barry A. StockCity, Assistant City Administrator RE: Spring Showcase Hockey League Resolution No. 4399 - Amending 1996 Fee Schedule DATE: February 20, 1996 INTRODUCTION: In conjunction with the opening of the Shakopee Community Center, staff has had the opportunity to analyze several revenue generating programs that will enhance the operating budget. BACKGROUND: Since December, staff has been evaluating and monitoring recreation programs currently in place in the community recreation center. Staff will be proposing several amendments to the 1996 Fee Schedule that will ultimately enhance the operating budget for the facility. This evening, staff will be seeking Council approval to amend the 1996 Fee Schedule for prime ice time. The current fee schedule provides for a rate of$110.00 per hour for prime time. The non-prime time rate is $55.00 per hour. Typically the prime time ice season ends the first weekend in March. We do have an opportunity to schedule additional time beyond March 3rd. However, in order to do so we believe that the $110.00 per hour rate will have to be lowered. The demand for ice time drops dramatically after March 3rd and competition with nearby arenas becomes more keen. The non-prime time rate of $55.00 per hour is also lower then what we believe we can collect for time in March. Staff is therefore recommending that the 1996 Fee Schedule be amended to establish a prime time rate of $90.00 per hour for the months of March and April. The $90.00 per hour rate will more then off-set operating costs associated with the facility during this time period. Attached is Resolution No. 4399 a resolution amending the 1996 Fee Schedule establishing a prime time rate for the months of March and April. Within the next month, staff will be proposing a series of other amendments to the recreation fee schedule that will improve the cost effectiveness of the facility. ALTERNATIVES: 1. Offer Resolution No. 4399 a resolution amending Resolution No. 4365 Adopting the 1996 Fee Schedule. 2. Do not approve Resolution No. 4399. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4399 a resolution amending Resolution No. 4365 Adopting the 1996 Fee Schedule. RESOLUTION NO. 4399 A RESOLUTION AMENDING RESOLUTION NO. 4365 ADOPTING THE 1996 FEE SCHEDULE WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year; and WHEREAS, changing conditions and circumstances warrant amending the Fee Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1996 Fee Schedule is hereby amended by adding the following: Ice Arena(Prime) -March and April- $90.00 per hour Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 20th day of February, 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney I/ MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Update of Bureau of Mediation Services(BMS)Negotiations DATE: February 16, 1996 INTRODUCTION: The process discussed below was initiated as a result of a petition filed with the BMS by certain employees of the City to consider the formation of an employee union. Significant actions have occurred within the past few days and the purpose of this report is to report those findings to the City Council and to request that the Council affirm the actions taken by the Mayor and City Administrator. DISCUSSION OF EVENTS: On Wednesday, February 14, Mayor Henderson and myself attended a meeting in the Bureau of Mediations Services Offices in St. Paul. We met with one of the BMS mediators by the name of Jan Johnson. At this meeting, the number of individuals covered under the status quo order was reduced from 20 to 8. The unit designation is now a Supervisory Unit. The initial designation included Supervisory, Confidential, and Professional. An amendment was filed last month which removed the Professional employees from the group. At the meeting on February 14, it was learned that Supervisory, and Professional employees could not be in the same unit. There can be two different units representing each of these groups, but not just one unit. Following negotiations with the mediator and a representative of the Supervisory Union, the number was ultimately reduced to 8 members. The 8 positions covered include the Public Works Director, the Community Development Director, the Assistant City Administrator, the Finance Director, the Arena Manager, the Police Chief and the Deputy Police Chief. The process to be followed will involve the BMS office sending out a mail ballot to each of the members on this list. The balloting procedure will require a timely response on the part of all those individuals in the designated unit. This election will determine whether a unit is formed or if the procedure will be terminated. One of the impacts of the status quo order was that all members of all Confidential, Supervisory, and Professional groups were held at the 1995 pay level. In December 1995, the previous City Council adopted the 1996 Pay Plan which was to go into effect January 1, 1996. However, in that the status quo order was dated during the last week of December 1995, the effect of this action was to freeze the salaries of all people believed to be included under the status quo order at the 1995 level. At this time, with the partial removal of the status quo order, employees who are not in the designated Supervisory Unit are now under the 1996 Pay Plan. The removal of the impact status quo order on the non-supervisory unit employees was confirmed with the City's Labor Consultant, Cy Smyth. RECOMMENDATION: In that the Mayor and City Administrator made several decisions during the course of the mediation process, it would be appropriate at this time for the City Council to affirm the decisions of the Mayor and Administrator on the 8 positions/individuals comprising the Supervisory Unit. Both Mayor Henderson and myself will be available to answer questions on this subject. ACTION RECOMMENDED: Move to affirm the position of the Shakopee City Council that the positions comprising the Supervisory Unit will include the Public Works Director, the Community Development Director, the Assistant City Administrator, the Finance Director, the Arena Manager, the Police Chief and the Deputy Police Chief. // -1 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Shakopee Membership in Scott Joint Prosecution Association(SJPA) DATE: February 15, 1996 INTRODUCTION: As directed by the City Council, the City Administrator has negotiated a tentative agreement for membership for the City of Shakopee in the SJPA. The Board of Directors of the SJPA has agreed to allow Shakopee to become a full voting member of the organization. On the table will be a Joint Powers Agreement which will accomplish that action. Once the Joint Powers Agreement has been reviewed by the City Council and discussed, if the City Council finds the agreement to be satisfactory, it would be appropriate to move its adoption. I have also discussed the employment of the City's Legal Department Clerk/Typist by the SJPA and it appears likely, although not absolute, that an offer of employment will be made to that employee. It is possible at this time that this will be a 3/4 time position, rather than a full time position. ACTION RECOMMENDED: Move to direct the appropriate City Officials to take the appropriate action to cause the City of Shakopee to become a member of the Scott Joint Prosecution Association and further move that the City of Shakopee will pay its proportionate share of the costs for membership in this organization, which costs shall be determined by the proportionate share of cases generated by the City of Shakopee. • Ily 5•0 JOINT POWERS AGREEMENT for PROSECUTION SERVICES THIS AGREEMENT, originally entered into this Lthday of July, ►, and as hereby amended on the 20th day of February, 1996 by and between the CITIES of Ru•T.* PLAINE, ELKO, JORDAN, NEW MARKET, PRIOR LAKE, SAVAGE, and SHAROPEE Minnesota, all of which are Minnesota municipal corporations organized and opera- ting under state law, hereinafter collectively referred to as "the CITIES". RECITALS 1. Each of the CITIES individually has the power and responsibility to prosecute criminal matters within its respective jurisdiction. 2. Each of the CITIES has previously contracted with private law firms or provided "in hot: e" pounsel for prosecution services but believes that such services can be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CITIEs desire to enter into this Agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minnesota Statues Section 471.59, the Joint Exercise of Powers Act. NOW, TH , in consideration of the mutual promises and covenants contained heroin, the parties agree as follows: 1. Je4at,Powsrs Hoard. A Joint Powers Municipal Prosecution Board ("the BOARD") is hereby created. Members of this BOARD shall be the Qcv •,, , . •r -r •,, - - The BOARD may exeroiae its powers in order to accomplish the purposesyof this Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each of the CITIES of Belle Plaine, J2 , Prior Lake, Savage, and Shakooeg shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". The CITIES of Elko and New Market may each appoint one (1) representative to serve on the BOARD, with each of the representatives of those cities having one-half (1/2) vote. Each member shall serve until replaced by the member's respective City. The number of representatives totaling at least ewe-three and one-half (3-1/ 2) votes shall constitute a quorum for the purposes of conducting BOARD business. The BOARD shall be the employer of the employees providing prosecution and support services under this Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. For the purposes of compequtign and personnel oragticesj the D Sevaoe. Under no circumstances shall the BOARD•s employees be deemed employees of any of the CITIES. The BOARD shall meet at least quarterly to review the quality of the prosecution services. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. Each of the CITIES also may adopt its own prosecution policies which shall be followed by the prosecutor when handling cases from that City. 2. Board 4taff and Aas_�it4stratton. The BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees of the BOARD. The HOARD shall desianate one of the nrogpcutors as phif prosecutor and administrator over the daily affairs of the Association. The number of staff hired and whether they are part or full-time shall depend on 900 996'ON 81L9SPV6 •- 39*i( S 30 Al13 90:SI 96/9T20 Joint Powers Agreement for Prosecution Services Page 2 of S the case load to be handled. Then enall report to an4 bt sunarvised by the chief prosecutor/ dministrator on behalf of the BOARD. The City of Savage shall be the administrative and fiscal agent for the BOARD and shall provide office space, supplies, payroll, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be made by the BOARD. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. All BOARD staff shall be qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an �. emergency. 3. Budget. By August let in each year, the BOARD shall prepare a proposed budget for prosecution services, which shall be forwarded to the City Administrator or City Manager of each of the Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is given on or before September let. 4. ('t Sharing. Each month the BOARD shall submit a bill to each of the CITIES detailing the amount due for that City's proportionate share of prosecutorial services. Within thirty (30) days, each City shall pay to the HOARD the billed amount. This amount shall be equal to "r", as expressed in the formula r • x (y / z), where: x • one-twelfth of the total current annual (or annualized, if this contract starts at a time other than the beginning of the fiscal year) prosecution budget. y • the number of calendar calls set for that particular City for the previous month. z . the total number of calendar calls sat for all the cities the previous month. The CITIES shall assist and cooperate with one another in keeping prosecution casts down by covering for each other when prosecution personnel are on vacation, ill, or otherwise unavailable for court, or where representation would result in a conflict of interest. S. costs Limited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CTTTES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the estimated budget total set forth in the budget attached hereto as Exhibit A. In the event actual expenditures or costs do exceed one hundred ten (110%) percent of the budget, the BOARD shall bill he CITIES proportionately, by averaging their percentage established as (y / z) in paragraph 4 above for the previous six (6) months, for cost overruns. Any budget underruns shall be refunded back to the CITIES proportionately. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Matters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract reeview, etc. Such requests shall be handled on a time-available basis only, and shall be billed back to the request- ing City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. Exchange of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under this Agreement, including police reports and arrest records, shall be furnished LOQ 996.0N 81L907176 398rkS JO ALIO 90:Si 96/9 /?0 f r-: Joint Powers Agreement for Prosecution Services Page 3 of S to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOARD or any of the CITIES requests to be kept confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or any of the CITIES without prior written approval of the concerned party, consistent with the Minnesota Government Data Practices Act or other applicable statutes. This paragraph shall not apply to documents which are required to be public under the Government Data Practices Act or other applicable law. 9. Duration and MeneeqL. . This Agreement shall be automatically renewed on an 4 pun is ahsreeI4es and shall be valid for the next calendar year, unless terminated as set forth below. 10. Termination as to Ono Party. This Agreement may be terminated by any City at the end of any calendar year upon six (6) months prior written notice, or at any time with the express approval of all other parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1st for objection to the proposed budget, or at any time upon one hundred twenty (120) days prior written notice for cost overruns, as set forth above. Prior to termination by any City, the proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. 11. Termination as pp elk _muse. In the event this Agreement is terminated in its entirety, all records pertaining solely to a particular City shall be returned to that City. All other records shall remain with the City of Saimaa as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of maiaire records retention policies. Any City may copy any public records at its own expense. All fixed assets shall be returned to the City which purchased them. Any remaining monies and expenses, including such employee expenses as unemployment compensation and payment for accumulated vacation, shall be shared by the CITIES in proportion to their contributions. Each City's contribution percentage shall be calculated by averaging its percentage established as (y / a) in paragraph 4 above for the previous six (6) months. 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. 13. Liability. The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injury liability, and disciplinary proceedings costs. The BOARD may also, at its discretion, purchase general liability and directors' and officers' (errors and omissions) insurance. 806 996'ON 812304,6 F 39entiS AO AIIJ 80=St 96/91/M0 Joint Powers Agreement for Prosecution Services Page 4 of 5 14. fit. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. /prof mm&Agg• Each of the CITIES certifies, by signing below, that this Agreement has been approved by that City's governing body. IN WITNESS WHEREOF, this a e ed Agreement has been executed by the parties as of the day and year above wr tten. CITY OP SAVAGE, MN CITY OP BELIE PLAINS, MN • By By Its Mayor Its Mayor By By Its City Administrator Its City Administrator CITY OP PRIOR LAIN, MN CITY OP SLID, MN BY By Its Mayor Date Its Mayor Date By By Its City Manager Date Its City Clerk Date CITY OP NEW MARIE?, MN CITY OF JORDAN, Mid By By Its Mayor Date Its Mayor Date By By Its City Clerk Date Its City Administrator Date CITY OP SBAROPIE, MN By Its Mayor Data BY Its City Administrator Date \scow-JP\7P-P-SVC.AGM (06/13/91) \SCOTT-J 4 JP-a-SVC.SGM (02/15/96) 60d 996'0N 8tL9S17176 E- 39UAUS JO .11 I9 60:SS 96/9120 • SCOTT JOINT PROSECUTION ASSOCIATION PROJECTED BUDGET EXPENSES FOR CALENDAR YEAR 1996 IF THE CITY OF SHAKOPEE JOINS CITY Total Cases Projected 1996 1996 Adopted in 1995 (not Expenses with Budget Expenses Including arraignments) Shakopee joining w/out Shakopee Savage 556 (29%) $80,206.00 (29%) $83,830.00 Prior Lake 462 (24%) $66,378.00 (24%) $67,473.00 Belle Plaine 139 (7%) $19,360.00 (7%) $20,957.00 Elko/New Market 20 (1%) $ 2,765.00 (1%) $ 3,578.00 Jordan 201 (10%) $27,657.00 (10%) $28,624.00 Shakopee 572 (29%) $80,206.00 (29%) 1950 cases opened $276,572.00 (100%) $204,463.00 GOO 996.0N 8T2.9Stb6 39tiAtiS 30 AlI0 SO:ST 96/91/Z0 /AJ MEMO TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police RE: Completion of Probation DATE: February 7, 1996 INTRODUCTION: Employee Chris Dellwo was hired January 30, 1995, as a police officer. BACKGROUND: A one year probationary period is required for newly employed police officers. Officer Dellwo has successfully completed his field training program and has met the standards that our department requires of probationary officers. ALTERNATIVES: 1. Terminate Officer Dellwo's probationary status. 2. Take no action. RECOMMENDATION: Appoint Chris Dellwo to the full-time permanent position of police patrol officer. MEMO TO: Dennis R. Kraft, City Administrator /L.5 FROM: Barry A. Stock,Assistant City Administrator RE:s Kosse Studio Lease DATE: February 15, •1996 INTRODUCTION: On February 6, 1996 Terry.Kosse appeared before the City Council requesting that their lease for space in the building located at 137 E. First Avenue terminated February 6th. February 6th is the date that the City of Shakopee secured ownership of the property. This item is technically an. FDA item and will.be placed on their March 12th. agenda. Council could make a recommendation. to the EDA if they so desire. BACKGROUND: When the property transaction occurred in acquiring the aforementioned property,the lease by and between Rita Topic and the Kosse's was scheduled.to expire on April 30, 1996. This lease is transferable and was assumed by the City of Shakopee in conjunction with.the property transaction. It has come to our attention that the K.osse's did vacate the building before February 6th. The current lease with the K.osse's is scheduled to expire on April 30, 1996. 'I:lmreibre, terminating the lease agreement as requested by the:Kosse's would result in a loss to the FDA in the amount of$2,600.16. (Three months rent co.$872.00 per mo.) This matter is a policy decision for the FDA t€3 consider. Since an EDA meeting has:not been scheduled until March 12th, :staaff'is recommending that City Council provide direction to staff accordingly. Council's desired course of action could be ratified by the EDA at their next meeting. ALTERNATIVES: S: 1. Recommend to the FDA that the appropriate City officials be authorized to terminate the lease agreement by and between:lose Studio and the City of Shakopee tr9r the space located at 137 E. First Avenue effective February 6, 1996. 2. Recommend to the FDA.that the status quo be maintained with.respect to the terms of th.e lease agreement in place. J. Recommend to the EDA that the difference in terms of the amount of rent due be split. 4. Table action pending thither information from,staff Refer this matter directly to the EDA for discussion at their March 12th meeting. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Recommend to the FDA that the appropriate City officials be authorized to terminate the lease agreement by and between Kosse Studio and the City of Shakopee for the space located at 137 E. First Avenue effective February 6, 1996. 3.;',LYES \bany\iicss i 1.2 MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE : January 31, 1996 RE : Drug and Alcohol Testing BACKGROUND: Federal regulation requires the City to adopt a new policy providing for testing of commercial motor vehicle drivers . This includes our Public Works drivers of heavy equipment, including snowplows . The federal regulation is intended to increase safety by identifying employees who are under the influence of drugs or alcohol . Those employees will be required to receive treatment or face losing their jobs . Our Personnel Handbook does not currently contain all the provisions required by the federal regulation. Therefore, a resolution has been drafted to revise our Personnel Handbook to add new language relating to drug and alcohol testing for commercial motor vehicle drivers . The City also needs to enter into an agreement with some entity to provide testing for us (it would be too expensive to set up our own program) . The Minnesota Municipal Utilities Association (MMUA) is one of groups which has created a consortium to work together to minimize costs of complying with this federal requirement . The Shakopee Public Utilities Commission has entered into an agreement with MMUA to provide the drug and alcohol testing for them. The MMUA consortium appears to be a good choice for the City as well . MMUA has a well- developed set of policies and procedures to handle the tests and comply with the federal requirements . A copy of their standard agreement is attached as Exhibit A. The City also has received information from the Association of Minnesota Counties, regarding their drug and alcohol testing program. Their annual fee is the same as MMUA' s, but their cost per test is approximately twice that of MMUA. ALTERNATIVES : 1 . Move to adopt Resolution No. 4367, amending the drug and alcohol policy in the Personnel Handbook. 2 . Move to authorize the appropriate City officials to enter into an agreement with MMUA for the provision of drug and alcohol testing. 3 . Revise Resolution No. 4367, then adopt it . 4 . Direct staff to investigate other alternatives for complying with the federal regulation. RECOMMENDATIONS : 1 . Move to adopt Resolution No. 4367, amending the drug and alcohol policy in the Personnel Handbook. 2 . Move to authorize the appropriate City officials to enter into an agreement with MMUA for the provision of drug and alcohol testing. [30MEMO2] -2- JAN-08-1996 15 14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.01 G .001111/1.4 Wife 11 - vf% movNtSOTA hooNfO/Mt un OTOS ASSOCIATION 12805 Higtwvay 55 • State 212 • Plymouth MN 55441-3899 • 612.561.1230 • 800.422.0119{MN1 • FM 412.551.0459 December 27, 1995 Dear municipal official: Thank you for your interest in the MMUA Drug and Alcohol Testing Consortium. The Consortium is a group of MMUA members. The Consortium was created to meet federal Department of Transportation drug and alcohol testing requirements. The Consortium has developed a Substance Abuse Prevention Program to assist member employers in meeting these federal requirements. As consortium participants,cities can take advantage of group prices for laboratory,Medical Review Officer (MRO),and testing services;enjoy benefits of central recordkeeping and billing services,and pool employees for the purpose of random testing. The requirements of the federal regulations are found in the Code of Federal Regulations(CFR)at 49 CFR,Part 382. They include a requirement to test commercial driver's license holders for the presence of alcohol and prohibited drugs and to provide an employee assistance program. The rules prohibit employers from using as a driver for certain functions any person who fails a drug or alcohol test;refuses to submit to a test required by the rules;or uses drug or alcohol during prohibited times. An employee assistance program and a copy of these regulations are included with the Consortium plan. The rules apply to every person who operates a commercial motor vehicle and is subject to commercial drivers license requirements and their employers. Cities with 50 or more drivers subject to testing must comply with the regulations by January 1, 1995. Cities with fewer than 50 drivers subject to testing must comply with the regulations by January 1, 1996. MMUA has developed a comprehensive policies and procedures manual for Consortium members.The manual includes compliance guidelines,a substance abuse prevention program,a guide to use in setting up your own policies,information for your employees,a list of collection sites,a copy of the federal rules and pertinent state law. We will mail you a copy of this comprehensive manual upon receipt of your signed Consortium Member Agreement.We have also sent you a form to list employees subject to testing. If your employees refuse to submit social security numbers,call and we will obtain a different code number. If you have any further questions regarding MMUA membership or the Consortium,please call. Sincerely, Post-Ir Fax Note 7671 ow b 1Assfeow C Steve Downer To ye1...ce. From Deputy Executive Director Compo Co. Phonon Phone s �GA / �y FOX# 7 T� w?xeS n JAN-08-1996 15:15 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.02 DRUG AND ALCOHOL TESTING CONSORTIUM SUBSTANCE ABUSE PREVENTION PROGRAM COMMERCIAL DRIVERS Consortium Member Agreement This agreement is entered into this day of, , 199,between the MMUA Drug and Alcohol Testing Consortium (The Consortium)and (Employer/Contractor). The Consortium and the Employer/Contractor agree as follows: 1. In order to comply with the requirements for alcohol and controlled substances testing programs for commercial drivers as set out at 49 CFR Part 382(the Regulations),the Employer/Contractor will adopt The Consortium's "Substance Abuse Prevention Program for Commercial Drivers"(Program). 2. The Program is offered by The Consortium as a service to its members,but responsibility for compliance with the Regulations remains with the Employer/Contractor. 3. The Consortium will administer the Program as a consortium. Membership in The Consortium will be open to all municipal employees in Minnesota Municipal Utilities Association member cities,and contractors who regularly perform work for these cities. 4. The Consortium will perform all duties necessary in the operation of the consortium, including arranging for the services of a DHHS-certified drug testing laboratory and a Medical Review Officer(MRO). 5. The Employer/Contractor will comply with all elements of The Consortium Program and with all applicable provisions of the Regulations. 6. The Employer or Contractor,as appropriate,will pay to The Consortium the fees set out in the attached Fee Schedule[Attachment"Al. The Fee Schedule is subject to periodic amendment as set out in Paragraph Seven. 7. The fees set out at Attachment"A"will remain in effect through December 31, 1996, except that drug testing fees for tests other than random may be amended during the program,if fees charged to The Consortium have increased by more than I0 percent. The amount of such increase will not exceed the increase in the drug testing fees. JAN-88-1996 15:15 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.03 Consortium Member Agreement Page 2 of 3 - 8. The Consortium will make a reasonable attempt to arrange for local specimen collection site. However,collection site fees will be billed by the site directly to the Employer or Contractor and are the responsibility of the Employer or Contractor,as appropriate. The Consortium will work with the employer in identifying alternative collection sites that may be more convenient or cost effective. 9. The Employer/Contractor will provide to The Consortium upon entering the consortium the name and Social Security number of each employee subject to drug and alcohol testing under the Program. 10. The Employer/Contractor will provide timely notification to The Consortium of the name and Social Security number of each new employee covered by the program. The employer will provide timely notification to The Consortium when an employee is terminated or otherwise no longer subject to drug testing under the Program. 11.This agreement shall remain in force and in effect until terminated by one of the parties or until such time as the federal regulations under which this agreement is executed are no longer applicable. 12. The Employer/Contractor may terminate this agreement at the conclusion of a program year by providing written notice of termination to The Consortium at least thirty days prior to the commencement of the new program year. 13. The Consortium or the Employer/Contractor may terminate this agreement upon 90 days written notice for good cause,including failure to pay the required fees or failure to comply with the provisions of the Program or the Regulations. WITNESS this day of , 199_. DRUG AND ALCOHOL Employer/Contractor TESTING CONSORTIUM Signature Signature Title Title JAN-08-1996 15:16 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.04 MMIJA DRUG AND ALCOHOL TESTING CONSORTIUM SUBSTANCE ABUSE PREVENTION PROGRAM COMMERCIAL DRIVERS Consortium Member Agreement Fee Schedule Attachment A The following fees apply for services performed under Tic Consortium Substance Abuse Prevention Program. The program year commences on January 1 of each calendar year. 1. Initial Fee. Each participating employer or independently participating contractor is assessed an initial fee of fifty dollars($50). Contractors whose employees participate as part of a member's substance abuse prevention program who join not assessed the annual fee. Contractors h the Consortium as an independent entity are assessed the annual fee. 2. Random Drug Testing Fee. A random drug testing fee of fifteen dollars($15) per program year is assessed for each covered employee subject to random drug testing. The Random Drug Testing Fee is assessed for subsequent years of employment. 3. Additional Drug Testing Fee. A fee of twenty-five dollars($25)is assessed for each pre-employment,post accident,reasonable suspicion,return to duty or follow-up drug test. 4. Alcohol Testing. The Consortium's selected vendor will give notice of random alcohol testing in conjunction with random drug testing. No additional fee is required for the notice and recordkeeping. However,in order to generate records of alcohol testing required by federal rules,the results of alcohol tests must be reported to The Consortium's selected vendor by fax or mail. Not included in this fee schedule are the services performed by local sites,which collect the urine specimen for drug testing,complete the required chain of custody form,and forward the specimen to the lab in a post-paid overnight package. Nor does the fee schedule include local services conducted by the employer,at a collection site,or by a cooperating law enforcement agency. Collection and breath testing fees are set by each collection agency,and are separately billed by the collection agency to the participating member or contractor. Additional charges may also apply to extra copies of printed materials and for workshop registration. JAN-08-19% 15:16 FROM SH KOPEE PUBLIC UTILITIES TO 4456718 P.05 w • MMUA Drug and Alcohol Testing Consortium Commercial Drivers Employees Subject to Random Drug and Alcohol Testing Inclusion in The Consortium Employee Pool Initial List Submitted for Name of Organization Mailing Address Contact person far these listed employees Phone Fax Use a separate list for employees with another contact person or note the name of the contact for each employee in the margin of this list. List below,by name and social security number.all employees to be included in The Consortium pool of employes subject to random drug and alcohol testing under 49 CFR.Part 382. W Name(Please type or print legibly) Social Security No. 1. 2. 3`y. -�— - 5. 6. -- 7. , 8. _ 4 9. 10. —I 2. -- 13. -_---� TOTAL P.05 RESOLUTION NO. 4367 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4213 , ADOPTING A PERSONNEL HANDBOOK, BY REVISING SECTION VI . EMPLOYEE CONDUCT, A. APPROPRIATE CONDUCT, PARAGRAPH 7, DRUG AND ALCOHOL POLICY. WHEREAS, the Federal Omnibus Transportation Employee Testing Act of 1991 requires drug and alcohol testing of employees driving motor vehicles in safety-sensitive functions; and WHEREAS, this law became effective for the City on January 1, 1996; and WHEREAS, the City needs to adopt amendments to its drug and alcohol policy in order to comply with the federal law requirements . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended by repealing section VI . Employee Conduct, A. Appropriate Conduct, subsection 7, Drug and Alcohol Policy, and adopting one new subsection in lieu thereof, which shall read as follows : 7 . Drug and Alcohol Policy. a. In General. The City intends to provide a drug-free, safe, and secure work environment. No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working or on City property or operating a City vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription, or when engaged in authorized Police Department activities. "Under the influence" for alcohol means analcohol concentration above 0 . 02 . This Policy shall be interpreted consistently with Minn. Stat. Sec. 181 . 950 et seq. and applicable federal law. b. Reporting. Employees must report, to their department head, any conviction under a criminal drug statute for violations occurring on or off work premises during the while conducting work dayor City employee' s o business. A report of the conviction must be made within five days after the conviction as required by the Federal Drug-free Workplace Act of 1988 . c. Subject to Testing. Employees are subject to drug and alcohol testing in the following circumstances : umstances : i. Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks' written notice that the test shall be required as part of the examination. ii. Random Testing. An employee in a position in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. In addition, commercial motor vehicle drivers, who are- required to have a commercial driver' s license, are subiect to random testing as recuired by federal law and regulation. iii. Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has engaged in the use, possession, sale, or transfer of drugs or alcohol while the employee is working or while the employee is on City property or operating a City vehicle, machinery, or equipment; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident . iv. Treatment Program Testing. Any employee may be required to undergo drug and -2- alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City insurance, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to 60 months .te-ears following completion of any prescribed chemical dependency treatment program. d. Testing Procedure. The drug and alcohol testing may be ordered by any department head or the City Administrator. Before undergoing drug or alcohol testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City' s drug and alcohol policy, and (2) indicating any over-the-counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result, and (3) indicating consent to undergo the drug and alcohol testing. e. Testing Laboratory. All drug and alcohol testing shall be handled by a laboratory meeting all requirements of state law, including those set forth in Minn. Stat . Sec. 181. 953 . f. Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug (s) , alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results . Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test . At this time the employee has a right to request and receive a copy of the test result -3- report . If the report shows a positive test result on the confirmatory test, the employee has the right, within five working days after notice of the positive test result, to submit information to the City to explain that result, or to request a confirmatory retest of the original sample at the employee' s own expense. The City shall follow the statutory procedures and provide the employee with proper notices. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test shall be taken against the employee. g. Discipline. An employee has the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City' s drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including discharge. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be discharged unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee' s own expense or pursuant to coverage under the City' s insurance. All other employees obtaining a positive test result will be subject to discipline including discharge. Appeals may be taken under the grievance policy. -4- h. Confidentiality. Results of a positive drug or alcohol test and terms of the rehabilitation will remain confidential, except as provided by federal regulation. Note : The otrickcn language is deleted; the underlined language is inserted. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: ./^ Ig!/ ipCity Attorney [30MEMO2] -5- 1 MEMO TO: Dennis Kraft, City Administrate FROM: Julie Baumann,Planner I RE: Initiating the Vacation of Right-of-Way DATE PREPARED: February 13, 1996 MEETING DATE: February 20, 1996 INTRODUCTION The attached Resolution No. 4395 sets a public hearing date to consider the vacation of right-of-way along the west half Cass Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. DISCUSSION The City has received a petition for the vacation of right-of-way along the west half Cass Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. The attached resolution sets a public hearing for March 19, 1996. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED Offer Resolution No. 4395, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. iskommdevkx\1996\ccO220\vacphss.doc RESOLUTION NO.4395 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS, it has been made to appear to the Shakopee City Council that the right-of-way along the west half Cass Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 19th day of March, 1996,at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way along the west half Cass Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Miinnesota,held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney C, MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer .. 14(\)J nn SUBJECT: Designation of Municipal State Aid Routes DATE: February 14, 1996 MEETING DATE: February 20, 1996 INTRODUCTION: Each year, staff reviews the State Aid system, and makes recommendations to the City Council on possible additions, deletions, or other changes to manage the system such that the maximum revenues are generated for the construction of State Aid projects and to accommodate development and expansion of the collector street network. Attached are the following resolutions which make additions and deletions to the existing State Aid system: Resolution No. 4397, A Resolution Revoking the State Aid Designation of Valley View Road, from County Road 83 to County Road 21, MSAS 166-109 Resolution No. 4398, A Resolution Establishing as a Municipal State Aid Highway, 17th Avenue from County Road 17 to County Road 83 BACKGROUND: The addition of 17th Avenue to the State Aid system was identified by the feasibility report for that project as a possible funding source for construction. 17th Avenue is being designed as a four lane facility with turn lanes that are capable of accommodating approximately 26,000 trips daily. The assessable portion of this roadway is based on the cost to construct an equivalent local street, with the costs to oversize the road to a four lane facility being borne by the City. These oversizing costs can be paid for out of the State Aid construction account if 17th Avenue is designated as a State Aid highway. Furthermore, if funds are available in excess of the City oversizing costs,these funds can be transferred into the Capital Improvement Fund(CIF) to fund other non-assessable street improvements in the City of Shakopee (such as the non assessable portion of reconstruction projects). The City is limited in the mileage of State Aid highways that can be designated. The maximum mileage of State Aid highways is defined as being 20% of the total local street mileage in the City. In addition, in order to be a valid State Aid route,the roadway must begin and end at either a State highway, County road, or another State Aid highway. For this reason, the City would have to designate 17th Avenue, from County Road 17 to County Road 83. The City is not obligated to construct the entire roadway at this time but it must be designated all at once. h:\council\mem4397.mo The alignment of 17th Avenue from County Road 17 to County Road 83 is approximately 1.85 miles long. Currently, the City has 1.11 miles available for designation on the State Aid system. Therefore, 17th Avenue could not be designated without removing another segment from the State Aid system. Staff is recommending that Valley View Road, from County Road 83 to County Road 21 (State Aid Highway No. 166-109) be deleted from the State Aid system in order to accommodate the designation of 17th Avenue. This segment of Valley View Road is 1.00 miles long, and is currently a non-existent roadway. This means that the roadway alignment has been established but the road has not yet been constructed. If Valley View were to be deleted from the State Aid system, the City would then have 2.11 miles available for designation. This amount would then accommodate designating 17th Avenue as a State Aid highway. The City can maximize its State Aid allocations each year by designating as much mileage on the State Aid system as possible. This allows the City to claim a larger portion of the total State Aid funding available each year. By revoking the State Aid status of Valley View Road and designating 17th Avenue as a State Aid highway, the City will have a balance of 0.26 miles that are not designated as opposed to the current balance of 1.11 miles. By adopting both Resolution No. 4397 and Resolution No. 4398, the City can maximize its State Aid allocation and utilize State Aid funding for the construction of 17th Avenue. ALTERNATIVES: 1. Adopt Resolution No. 4397, A Resolution Revoking the State Aid Designation of Valley View Road, from County Road 83 to County Road 21, MSAS 166-109. 2. Deny Resolution No. 4397. 3. Adopt Resolution No. 4398, A Resolution Establishing as a Municipal State Aid Highway, 17th Avenue from County Road 17 to County Road 83. 4. Deny Resolution No. 4398. 5. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 3. This will allow the City to utilize State Aid funding on the 17th Avenue project, as well as maximizing future State Aid allocations. h:\council\mem4397.mo ACTION REQUESTED: 1. Offer Resolution No. 4397, A Resolution Revoking the State Aid Designation of Valley View Road, from County Road 83 to County Road 21, MSAS 166-109, and move its adoption. 2. Offer Resolution No. 4398, A Resolution Establishing as a Municipal State Aid Highway, 17th Avenue from County Road 17 to County Road 83, and move its adoption. h:\council\mem4397.mo p \.7 ...._ 0..4=1". ..• ... t VS 1 g p $ I ST. 6 54 if 17 MARSCHALL Ii , CZAR 11111111.4t. / -. 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RESOLUTION NO. 4397 A Resolution Revoking The State Aid Highway Designation For Valley View Road, From County Road 83 To County Road 21 MSA No. 166-109 WHEREAS,Valley View Road, from County Road 83 to County Road 21 has been designated as a Municipal State Aid Street; and WHEREAS,the City Council of the City of Shakopee has determined that revoking the designation of Valley View Road as a municipal State Aid Street is in the best interests of the City. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Shakopee that the road described as follows,to-wit: Valley View Road from County Road 83 to County Road 21 be, and is hereby revoked as a Municipal State Aid Street of said City of Shakopee subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED,that the City Clerk is hereby authorized and directed to forward two copies of this resolution to the Commissioner of Transportation for his consideration. Adopted in session of the City Council of the City of Shakopee Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney