HomeMy WebLinkAbout9.B. Proposed vacation of an Easement on property located in Dean Lakes 2nd Addition-Res. No. 6224
9.6/
CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-038
TO: Mayor and City Council
Mark McNeill, City Adminsitrator
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Easement
MEETING DATE: April 19, 2005
REVIEW PERIOD: February 24 - June 24, 2005
INTRODUCTION
Ryan Companies has submitted an application for vacation of easement located along the easterly
lot line of Lot I, Block 3, Dean Lakes Second Addition. Please see Exhibit A in the attached
Planning Commission memorandum. On March 15th, the Council approved Resolution No. 6203, a
resolution setting the public hearing date for April 19th.
DISCUSSION
The Planning Commission has reviewed this request and has recommended approval of the!
vacation. Attached for your information is a copy of the Planning Commission report from the I
April?, 2005, Planning Commission meeting.
ALTERNATIVES
1. Approve Resolution No. 6224, a resolution of the City of Shakopee approving the
vacation of easement within Dean Lakes Second Addition.
2. Deny the proposed vacation.
3. Continue the public hearing.
4. Close the public hearing and table the request to allow staff or the applicant time to
provide additional information.
ACTION REQUESTED
Offer a motion to approve Resolution No. 6224, and move its adoption.
~ ~
J lie Klima
lanner II
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RESOLUTION NO. 6224
A RESOLUTION OF THE CITY OF SHAKOPEE VACATING
EASEMENT WITHIN DEAN LAKES SECOND ADDITION
WHEREAS, it has been made to appear to the Shakopee City Council that
easement located along the easterly property line of Lot 1, Block 3, Dean Lakes Second
Addition serves no public use or interest; and
WHEREAS, the easement to be vacated is legally described as:
The drainage and utility easement as dedicated along the easterly 10 feet of Lot 1,
Block 3, Dean Lakes Second Addition, according to the recorded plat thereof,
Scott County, Minnesota; and
WHEREAS, a public hearing to consider the action to vacate was held in the
Council Chambers ofthe City Hall in the City of Shako pee at 7:00 P.M. on the 19th day of
April, 2005; and
WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY
NEWS and posted notice was given by posting such notice on the bulletin board on the
main floor ofthe 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:
That it finds and determines that the vacation hereinafter described is in the public
interest;
That the easement described above serves no further public purpose;
That the easement described above is hereby vacated,.
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 Shako pee, Minnesota, held
the _ day of ,2005.
Mayor of the City of Shakopee
ATTEST:
Judith S. Cox, City Clerk
CERTIFICATION OF RESOLUTION NO. 6224
I, Judith S. Cox, City Clerk of the City of Shako pee, Minnesota, do hereby certify
that the attached is a true and correct copy of Resolution No. 6224, presented to and
adopted by the City Council ofthe City of Shakopee at a duly authorized meeting thereof
held on the _ day of ,2005, as shown by the minutes of the meeting in
my possessIOn.
Dated this _day of ,2005.
Judith S. Cox, City Clerk
SEAL
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Cb(\~
CITY OF SHAKOPEE
Memorandum
CASE NO.: 05-038
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner II
SUBJECT: Vacation of Easement in Dean Lakes Second Addition
MEETING DATE: April 7, 2005
REVIEW PERIOD: Pebruary 24 - June 24, 2005
SITE INFORMATION:
Applicant: Ryan Companies
Location: Lot 1, Block 3, Dean Lakes Second Addition
Existing Zoning: Business Park (BP)
Adjacent Zoning: North: Highway 169
South: Business Park (BP)
West: Highway Business (BI)
East: Business Park (BP)
Compo Plan: Business Park
MUSA: The site is within the MUSA boundary.
INTRODUCTION
The City Council has received a request from Ryan Companies to consider the vacation of a drainage and
utility easement located along the easterly lot line of Lot 1, Block 3, Dean Lakes Second Addition (see
Exhibit A). The applicant is proposing the vacation of the drainage and utility easement as a result of the
need to relocate this lot line. This relocation is proposed to occur with the submitted plat of Dean Lakes
Pourth Addition (please see Exhibit B).
CONSIDERATIONS
The City Council will hold a public hearing on Tuesday, April 19, 2005 to consider this vacation request.
A recommendation from the Planning Commission is required for the vacation process.
City, County and other outside agencies were given the opportunity to review and provide comments
regarding this application. The City Engineering Department has recommended approval of the
request. Staffhas received no adverse comments on the proposed vacation.
ALTERNATIVES
1. Recommend to the City Council the approval of the vacation.
2. Recommend to the City Council the approval of the vacation subject to conditions.
3. Recommend to the City Council denial of the request.
4. Table the decision to allow staff or the applicant time to provide additional information.
STAFF RECOMMENDATION
Staffrecommends Alternative No.1 recommend to the City Council approval of the vacation.
ACTION REQUESTED
Offer and pass a motion recommending approval of the' vacation.
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Shakopee - Location Maps Page 1 of 1
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DRAINAGE AND UnLlTY EASEMENT TO BE VACA TED
The drainage and utility easement as dedicated along the easterly 10 feet of Lot 1, Block 3, DEAN LAKES SECOND
ADDITION, according to the recorded plat thereof, Scott County. Minnesota.
NO TE: THE BASE MAP USED FOR THIS
SKETCH IS A COpy OF A PORTION OF THE
PLA T OF DEAN LAKES SECOND ADDITION.
Scale: 1"= 100 feet
REOUESTED BY:
--.
Ryan CompanIes US~ Inc.
Bearings ore based on the plot of DEAN
LAKES SECOND ADDtnON.
,~r Westwood Professional Services,/nc.
, hereby certify that t~is survey ~~s prepared 3701 12th Street North, Suite 206
by me or und:r my dtrect supervIsion and that St. Cfoud, MN 56303 .
I om 0 d 'Y LIcensed Lon Surveyor under the Phone: 32()..253-9495 Fax: 320~253-8731 '
laws of e Stote of oto.
Drown by. SKI( Dnie, 1/12/05 "'20015088,04 I
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City of Shakopee 2004-2006 Goals and Action April 3, 2004
Plans Revision: Apri/15, 2005
Action Steps Parties Responsible Target DateslCompleted Progress Check (Revised 1121105)
1) Identify & implement additional mechanisms to limit & CD/Ping. Staff To be discussed at 1/25/05 The City Council has adopted the Comprehensive Plan Update, which
constrain development so that long-range planning can take workshop. identifies specific MUSA staging areas that the City's Planning staff is using
place. o ft f wth rd' t to provide guidance to the development community.
ra s 0 qro po ICV an prolec
poi~tin.q quid~lines to . be The Council has contracted with Anne Carroll as a consultant for the
redl.stnbt~ted dunnq the week of strategic visioning process. l\ number of community conversations have
Apnl18 . been held to discuss this, as well as other issues. Council is meetinq with
consultant Anne Carroll and the Visioniriq Steerinq Committee on April 19th
to qet update, and beqin the process to move ahead on the process of
developinq the vision and implementation documents.
Review City of '.^Joodbury and City of M3ple Grove gro'.vth management
techniques, and prepare drafts for consideration by the City Council by
the first quarter of 2006.
Action Steps Parties Responsible Target Dates Progress Check
1) Adopt '05 budget, maintaining stable tax rate. Finance Adoption Dee, 2004 Budget adopted 12/04; tax rate decreased for FY 05.
2) Maintain policy of development funded infrastructure Engineering Ongoing
expansion (Review Plans & Specs)
3) Maintain an affordable debt service. (CIP) Finance Ongoing The most. significant challenge is funding park land acquisition, park
projects, and community center expansion.
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4) Adopt charges and fees to recover the cost of providing Dept. Heads Fee schedule adopted 12/21/04 BATC suit has challenged building permit fees. Work being done in
current/future services and infrastructure. connection of that lawsuit may be helpful to the City in a larger sense in
adjusting its fees.
5) Continue effort to grow and diversify commercial & Econ. Development Ongoing, but tied to results of ED function ta-be has been incorporated in ACA position, position to start 4/25
industrial tax base. Visioning but will provide $$ for ED consultants when needed. Adopted Comp Plan shows
prospective industrial area to the west of Shakopee., and the City should facilitate
orderly development to the west to facilitate development of the
industrial/commercial shown in the Comprehensive Plan in a 5-9 year timeframe.
Target Dates
1) Prioritize services & set measurable goals. Community All Sept., 2004 Budget process helps sets priorities, but measurement of services in
needs analysis (Community Survey) may be considered. budget process is lacking.
2) Conduct a needs analysis. (Staffing, programs, Admin/Finance/All July, 2005 Budget of $10,000 forFY 05 survey. Question as to whether this can be
resources approximately ($10,000) Will help to establish accomplished this year, given the amount of other issues.
priorities
3) Identify & seek funding. All Ongoing (by 9/04 for FY 05) Several OSHA grants, State computer grants, Universal Hiring Grant for 3
Police Officers; County funding of trail on C.R. 79.
4) Invest in people: provide training, equipment, & Dept Heads/Council Ongoing Have done on Departmental basis. Neod to look at f.or city wide.
leadership
5) Hire well-qualified candidates, & prepare them for future Dept Heads/Council Ongoing Have promoted 2- ~to Sergeant; 1 new Cop in January.., 1 new COP in
leadership. February. 1 new CSO in April. Approved f.or GIS hiring; Advertising for
restructured ACA position. Currently advertising f.or Natural Resource
Specialist position.
Civil Service Commission is the process of testing for police officer
candidates.
Need to look at hiring city-wide, especiallv in consideration of potential
MVHC cut.
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Target Dates Progress Check
1) Develop Partnerships with Townships, Private Sector, Council/PRF Director Updated at 12/21/04 City Council Partnerships have been developed or continue to be discussed in
DNR, County meeting connection with several possible park developments including Huber Park,
Quarry Lake Reuse Project, the Shutrop Property. The City is working
jointly with ISD 720 on updating the joint powers agreement for facility use,
as well as future school sites.-;-
2) Identify future locations for acquisitions. PRF Director/CD Dir. Shutrop property te-be acquisition City identified the Shutrop property as the priority acquisition site in Octobor
completed 4/05; anticipate mid ~
February.
3) Identify funding. PRF Dir./Finance Dir. Reported at 1/18/05 City Council Funding plan adopted by City Council at February 22 workshop that
meeting. includes a variety of funding sources.
4). Amend park ordinance - cash/land scenario/dedication PRF Director Dof.orrod to tho 2/1/05 City City Council adopted revised Park Dedication ordinance on Feb 1, 2005.
fees up front. Council meeting.
5) Update Park Master Plan - Future Growth/Long Term CD and PRF Dir. Mid 2005 Staff met with previous park master plan consultant in January. Formal
Plan RFP expected to be issued by the end of March.
6) Work with developers to construct parks when land/cash PRF/PRAB Ongoing Church Addition and Valley Creek Crossing developments will have parks
scenario is appropriate. constructed with development. Council approved preliminary plat for
Countryside development in February, and developer will construct park.
Countryside development also requires developer to construct parks.
Design of these parks is underway, and scheduled to be reviewed at the
March PRAB meeting.
Action Steps Parties Responsible Target Dates Progress Check
1) Develop an update of 04 Goal Setting Process. Mayor Providing monthly updates since November, 2004
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2) Continue enhancement of City WEB page, along w/e- IT Coordinator E-permits for Building Inspections have been well utilized since start-up in
commerce, interaction capabilities, and links to Shakopee 6/04. The IT Coordinator is continuin to add content so that the new
Valley News. website can be beta-tested before launch in it. T estin of the site was
dela ed somewhat b the Communit develo ment Director in order to
resolve some newt discovered content and format issues. ~
webs it€) for launch bef-ore end of the first quartor of 2006.
A plan for providing full content by the end of 2009 2005 will be developed
durinQ the end of the first second quarter of ~2005.
3) Increase National Night Out events with participation of Police August, 2004 City Council, City Staff and members of the Police Department and Crime
Council/Dept. staff. Prevention Board members, had excellent participation in this year's
National Night Out event. There were 49 parties in 2004, compared to 32
in 2003, a significant increase.
4) Enhance current information dissemination. Asst. to CA Ongoing Some items are dependent on website; cable TV has had ads for transit
services. New AC^ position will have enhanced communications
responsibilities.
5) Utilize Neighbor Watch to develop recruitment Police Ongoing Council, staff and Crime Prevention Board members utilized Neighborhood
opportunities for citizen involvement, increase Watch as part of the National Night Out events to distribute information and
communication. provide opportunities for citizen involvement in the community visioning
process. The 2005 budget included Community Emergency Response
Team (C.E.R.T.); training to begin April 5th Spring, 2005.
Action Steps Parties Responsible Target Dates Progress Check
1) Complete Transportation Component of Comp Plan. CD/Plng/Eng Draft available 2105 At the City's request, WSB is preparing an analysis for the construction of
Pike Lake Trail as an alternative to completion of CR 21.
2) Complete Scott County Joint Transit Study CD/Plng/Eng Spring, 2005 The study is underway, and on tracl< for completion as planned in the
spring of 2005. The final draft of the study will be introduced to the City. as
well as SCALE and other participatinQ aQencies throuQhout the months of
April and May. with a possible request for adoption in June. In addition, a
joint marketing committee has been established, which is chaired by the
City's C.D. Director.
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3) Identify additional transportation funding sources Plng/Eng. Ongoing Continue communication with MnDOT, consultants on obtaining funding for
(State/Federal/Other Sources) projects such as Federal TEA-21. For Transit, the City is participating in
Metropolitan Council Park and Ride lot on CR 18; in the vicinity of CR
18/21/16. A proposal for federal fundinq will likely be souqht in partnership
with Scott County. The City is also exploring funding for train crossing
"Quiet Zone".
4) Plans and Partnerships - Regional Trails Eng/PRF Ongoing Work with Scott County and Three Rivers Park District.
5) Identify additional MSAS Designations Engineering Ongoing Yearly updating of mileage to maximize needs allocation.
6) Implement expanded local bus circulators Planning Funded study now maximized for Service was implemented on June 7, 2004, and revisions made. Ridership
2005 numbers acceptable and growing. Scott County has committed to CR 79
trail. Meeting with Scott County for possible added transit funding.
Changes at end of summer increased ridership; must address decrease in
Metropolitan Council funding. Ordered 3 replacement buses.
Parties Responsible Target Dates Progress Check
1) Confirm a unified municipal image/identity (WEB, print., Council/Adm. July, 2005 City logo into transit and Visioning process. Also, bus stop signage with
vehicles, transit. City logo.
2) Construct key entrances/corridors, rD'd by landscape, CD/Ping 2006 or later $25,000 in FY 05 budget eliminated.
monuments, etc.
3) Explore partnerships w/County & MnDOT to upgrade Eng/Plng Ongoing No progress to date.
highway corridor appearance (CSAH 101, 69, 17, 83, 169)
4) Overlay district for DT/1st Avenue Ping July, 2007 Needs to have Comp Plan update acceptance by Metropolitan Council.
Met with M/C in January.
5) Open up/better utilize Huber Park river vistas and PRAB/PRF Underway 1/18/05 Council authorized preparation of "shelf ready" plans for Riverbank
access. stabilization, and design of Huber Park not to exceed $1.4 million in City
contributions. ?)22/05 Council allocated funding to complete construction of
Huber Park in 2005 and 2006. Riverbank stabilization work is being
pursued through the Army Corps of Engineers.
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6) Develop architectural controls, and incentives that Econ Devel/Plng Report on CLG due 2/05
encourage use of design/materials for "Old Shakopee".
1) Share the vision back to the entire community, and Mayor/Admin Post-Adoption Currently in the community conversation stage. Update by Anne Carroll -to
develop support for the vision. be provided at 4/19 +t48 Council meeting; e Lgraduate students identified
assistinQ the SteerinQ Committee.
2) Develop action plans as part of Visioning Process. Admin/Ping. By end of 2005 Steering Committee has metthree times, and is scheduled to meet again
on 4/21/2005. 3/24/2005. Work is being done on surveys and meetings with
additional stakeholdor groups. Joint meetinQ with Citv Council and Steerina
Committee scheduled for 4/28/05.
3) Amend comprehensive plan(s) to be consistent with the CD/PIng. Mid 2006 The Visioning Process will has not reachea the stage where specific
vision. changes to the Comprehensive Plan can be considered Summer. 2006. are
suggested or dicbted.
4) Amend regulations/official controls regarding cost and CD/Ping w Eng Mid 2007 May be part of Woodbury type amendments. Council considered drafts at
quality of developments. 4/12 workshop meetinQ; input from development community to be SOUQht.
Action Steps Parties Responsible Target Dates Progress Check
1) Complete Development and Implementation of PW/PRF In Process Report on computerizationslinfrastructure management by 3/1. GIS and
maintenance for infrastructure (ie. Roads, Sewer & Storm GPS will be ongoing process (3-4 yrs). Demos will be done on computer
Water, City Bldgs) maintenance management systems and equipment in early March. First
draft of report is nearly done. Trying to schedule Presentation on report at
a to be done at the April 19, 2005 Council Worksession.
Computer programs are up and running. BUilding maintenance systems
inventory have been completed for all building except the park buildings.
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2) Develop Maintenance Program for recreational PW /PRF Dec, 2004 Review of potential software programs is being_done this winter.
infrastructure (playground, trails, park fields) Updating policies for infrastructure this Winter. Sanitary sewer will be the
first policy to be presented to Council for adoption.
3) Examine annual appropriations for road, recreation, and PW/PRF Ongoing - completed for 2005 Will occur this VI/inter.
building maintenance.
Action Steps Parties Responsible Target Dates Progress Check
1) Develop/Expand collaboration w/Townships, SMSC, Council/All Ongoing Mayor has made preliminary contact with SMSC, and staff continues to
Dist. 720 work with SMSC staff on engineering issues.
Staff attends weekly meetings on high school construction. Clr. Menden is
liaison to the School Board.
Jackson and Louisville Township Boards met with Council in August, 2004,
to discuss annual budget, the first that that has happened in 3 years.
SMSC has interests in jointly doing Nat. Resource Planning, and the
Transit Policy team has successfully included SMCS.
2) Expand relationship w/MnDOT. (CR 69, Cty 21, PRF/Eng/CD/Admin Ongoing EIS for 41 crossing at standstill, EIS for CSAH 21 won't be finished until
Parcel 75, River Bridge, New TH 41) '06. Old Downtown bridge is eligible for historic registry - needs to be
CR 21 being examined by the Technical Evaluation studied. City meeting with Congressman Kline and State Legislators held
on 2/11/05 to explore additional funding for 169/69 and TH 41 river
Committee. crossing.
3) Enhance & collaborate SPUC relationship, services, Admin/Eng/Plng Ongoing SPUC part of weekly development review team. Suggest joint meeting with
communication City Council and SPUC.
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4) Expand relationships with SCALE, Mutual Aid, PW joint Admin/Police/PW Ongoing Mayor, Clr. Helkamp, and City Administrator have been SCALE
powers, and other jurisdictions. participants. PW, and HazMat mutual aid, tri city tactical team mutual aid
agreement in 2004. ExplorinQ Joint Public Safety TraininQ Facilitv.
The City's CD Director chairs the county Transit Planning Team (TPT),
Transit Marketing Committee, and represents staff (along with Councilor
Helkamp) at the Transit Review Board.
5) Expand communication relations w/Chaska, Eden Admin/Parks/CD Ongoing Have had transit communication with EP and Chaska.
Prairie, Chaska (River, Trails, Transit, etc.) The City is an active participant in the Suburban Transit Association (STA),
which actively works with the legislature and Met Council on transit and
transportation funding issues.
Action Steps Parties Responsible Target Dates Progress Check
1) Enhance fire and crime prevention efforts, utilizing Fire/Police Ongoing Each Department continues to enhance Fire and Crime Prevention efforts,
existing avenues of communication (I.e. Neighborhood utilizing current communications (newspaper, etc.), to educate community
Watch), to educate community members in fire and crime members in Fire and Crime Prevention activities. In addition, the 2005 Fire
prevention activities. and Police Department budgets include additional opportunities for the
Community Emergency Response Teams (C.E.R.T.), for disaster planning
and recovery which beQan in April. 2005. beginning in Spring 2005. Fire
Inspector doing inspections in community schools. Police Dept hosted
tenant training for at-risk renters.
2) Continue to provide the necessary training, equipment Fire/Police Ongoing Technology upgrades for laptops in Spring 2005,3 fire trucks and 5 squads
and technology for effective fire, police and EMS service. approved for purchase in January. Adm. Police Car approved in January;
-1X4 emergency response vehicle in Febrl:l8fY:
3) Continue to seek alternative service delivery systems, Fire/Police Ongoing In September 2004, the City Council approved the School Resource Officer
such as bike patrol and school resource officers. and DAR.E. Agreements.
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4) Develop a joint training facility for fire and police Adm/Police SCALE Schedule City Administrator and Clr. Helkamp serve on SCALE joint training facility
services. steering committee. Foasibility report was presented at February SC^LE
Moeting, and will be considered again atMarch meeting. Land acquisition
currentlv beinQ explored.
5) Continue to hire skilled staff, in the appropriate numbers, Council/Admin/Fire/ Police Sept, 2004 Fire and Police Departments 2005 budgets include recommended staffing
that are required to meet fire and police service demands. levels to maintain appropriate service levels for fire and police services.
Promotions of 2, ;tt 0 Sergeants; 1 police officer in January~, 1 police officer
in February. Hired one Community Service Officer.
6) Continue to work in partnership with other agencies and Fire/Police/Admin Ongoing Members of the Police Department continue to work in partnership with
businesses to enhance safety at community events and agencies and businesses. Police are very active at the Community Center
entertainment sites, including the Community Center, with a visible presence, and continue to work with Valleyfair and Canterbury
Valleyfair, and Canterbury Park & Racetrack. Park Racetrack and Card club through existing partnerships.
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