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HomeMy WebLinkAboutDecember 17, 2002 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 17, 2002 LOCATION: 129 Holmes Street South Mayor William P. Mars presiding 1 ] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval Agenda 4] Mayor's Report 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: October 10, 2002 *8] Approval of Bills in the Amount of $1,850,302.97 plus $143,765.94 for refunds, returns and pass through for a total of $1,706,537.03. 9] Public Hearings 10] Communications 111 Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting - None 13] Re- convene 141 Recommendations from Boards and Commissions: A. Text Amendment to City Code Section 11.61— Ordinance No. 644 B. Amendment to the Zoning Map — Rezone property from Old Shakopee Residential (RI -C) Zone to Central Business (B -3) Zone — Ord. No. 650 C. Comprehensive Plan Amendment to Reguide Property and Zoning Map Amendment to Rezone Property *D. Time Warner Cable Transfer Acceptance — Resolution No. 5836 TENTATIVE AGENDA December 17, 2002 Page —2- 15] General Business: A] Community Development *1. Setting of Public Hearing on Petition by Marystown LLC for Annexation of Certain Lands in Jackson Township located in the Southeast Quadrant of the Intersection of STH 169 and Marystown Road/CSAH 15 B] Public Works and Engineering * 1. Establishing Municipal State Aid Street, 4 th Avenue, from CSAH 17 (Marschall Road) to Holmes Street; 6 th Avenue, from Holmes Street to Adams Street C] Police and Fire * 1. Ordinance Amendment — Chapter 10 City Code — Ordinance No. 649 *2. Approving a Cooperative Agreement with the Southwest Metro Drug Task Force - Res. No. 5815 3. Police Building Contract Change Order No. 2 D] Parks and Recreation E] Personnel * 1. Accept Resignation of Probationary Police Officer Asher Weidemann *2. Adopt Revised Job Description for Recreation Supervisors *3. Adopt Revised Job Description for Cable Technician *4. Establish City Contribution Rates for 2003 Employer Insurance — Res. 5837 F] General Administration 1. City Response to State Financial Situation a] Hiring Freeze b] Directive to Staff on Budget c] 2003 Non - Contract Pay Adjustment Discussion *2. 2003 Taxicab License Renewal *3. 2003 Pawn Shop License Renewals 4. Acceptance of Resignation from SPUC 5. Appointment for Planning Commission/SPUC Vacancies- Res. 5834 & 5835 *6. 2003 Fee Schedule Amendment — Ordinance No. 646 *7. 2003 Workers Compensation Insurance *8. 2003 Tattoo License Renewal 9. Position Classification Placements — Part Time Plan - Continuation of the 2002 Employee Rates of Pay Into 2003 - Res. 5838 161 Council Concerns 171 Other Business 18] Recess for Executive Session to Discuss Labor Negotiations 19] Re- convene 20] Adjourn OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 10, 2002 5 . 00 Mayor Mars called the meeting to order at,7>'rp.m. with Council members Lehman, Link, and Joos. Also present: Mark McNeill, City Administrator, Judith S. Cox, City Cleric; R. Michael Leek, Community Development Director; Dan Hughes, Chief of Police, Jaclyn Yzermans, Community Service Officer, Paula Calles, Kennedy and Graven Law Offices, representing the City Attorney, and Jan Callison, Councilor from the City of Minnetonka. The following item was added to the Agenda. 4.A. Resolution of Condolences for Robert O. Sweeney family. Lehman/Link moved to approve the Agenda as amended. Motion carried 4 -0. Mr. McNeill gave an overview of the code enforcement issue. He noted that one of the top priorities coming out of the short -range goal - setting workshop with the City Council in April was the goal of more Code Enforcement. The Police Department was directed to be more pro- active with code enforcement. Mr. McNeill noted that Jan Callison, a member of the City of Mimnetonka City Council, was in attendance at tonight's meeting to talk with the Council about some of the steps the City of Minnetonka has taken with code enforcement. Mr. McNeill noted that code enforcement was an issue also in the City of Minnetonka. Jan Callison, Mimnetonka City Council representative, approached the podium and gave the Council some background on some of the ordinances that the City of Minnetonka has that requires code enforcement. She talked about the sign ordinance, cars "for sale ", debris in yards, height of grass, and appearance of homes. She noted historically these ordinances were enforced on a complaint basis; however, this spring code enforcement became a higher priority in the City of Minnetonka. The City of Minnetonka used their volunteer Fire Department on a paid basis to carry out some of the code enforcement on weekends and staff did work with the community and some businesses to get them educated regarding code enforcement. Ms. Callison noted that a checklist was given to the code violators as to what was /was not allowed. She noted the City Council has the role to lead the community. She noted if a code was not enforced then the general public thought it was okay to do what they wanted regarding that issue. The property owner was worked with before a ticket was issued and the general public generally expected and accepted the code enforcement. The Minnetonka Police are not expected to enforce the code; it was the Community Development and Planning and Departments that basically enforced the code during the week. There was some discussion on dog ordinances. Chief Hughes, Chief of Police for the Shakopee Police Department, approached the podium and spoke to what the Police Department has done regarding code enforcement in the City of Shakopee. Chief Hughes noted that code enforcement could be difficult and emotional to enforce. Chief Hughes noted Official Proceedings of the October 10, 2002 Shakopee City Council Page -2- that a positive impact had been made with tough issues in the City of Shakopee regarding code enforcement. He presented a computer printout of the code violations that action had been taken on in 2001 and 2002. Chief Hughes noted the goal of the Shakopee Police Department regarding code enforcement is to seek voluntary compliance with code enforcement issues. Chief Hughes noted that approximately 75% of the code enforcement calls come from resident complaints or staff calls. He also noted that some code enforcement just doesn't make sense. Some City Codes aren't consistent. Chief Hughes stated that the Police Department for the City of Shakopee did have warning tags that were initially given to code violators that listed some of the code enforcement violations but the warning tag was quite general. The only way a ticket was issued for code violations was if there was no response from the property owner regarding the warning tag for a code violation. Wlien a complaint is received by the Police Department, the other homes next to the violator are also checked for code violations. Chief Hughes noted there were 433 calls for service regarding code violations in 2002. Chief Hughes broke down into categories what some code violations were. On sight visits found over 550 violations of City Code. Chief Hughes stated so far this year 50 calls have been referred for court action. Mr. Leek noted that in 2002 the Community Development Department and the Police Department began coordinating efforts for code enforcement; that was one possible explanation for the considerably higher numbers for code enforcement in 2002. Mayor Mars noted that the compliance rate for code violations was even improved over last year. Chief Hughes would like the City Attorney to look at different options to recoup some of the costs involved for code violators and also the City Council did not want to put the Police Department in the position of making judgment calls. It was also noted that some people just preferred to pay the fine. The Council also talked about having a civil penalty for ongoing, non- compliance, repeat violators of code enforcement for the City to collect. Chief Hughes noted that many violations of code are criminal penalties. Paula Calles, from Kemzedy and Graven Law Firm, commented on the civil penalty to the City. The subject of cars being towed and cleaning up someone's debris was discussed. Cars can be towed but it does take time legally to get this car towing done. Because of the problems with towing cars and cleaning up someone's debris, Mr. McNeill wanted to know if the City was comfortable in towing away the cars and cleaning up the debris if the violation's persisted. Cncl. Lelunan was not comfortable going thru the car towing or debris clean -up process. Cncl. Joos felt it was appropriate to do the car towing and debris clean up but he wanted the expense assessed back to the property owner. Cncl. Lehman wanted a process set to handle this type situation. Cncl. Link wanted a legal opinion on the towing of cars. Paula Calles again commented on this question. Mr. Leek, Community Development Director, noted that the City of Shakopee was in a transitional stage in the minds of some current property owners. Not long ago the City of Official Proceedings of the October 10, 2002 Shakopee City Council Page -3- Shakopee was a rural farm community. Mr. Leek felt there were three classes of enforcement issues. These three classes are: 1) general nuisance, 2) zoning issues — signage and illegal uses of signs and 3) housing conditions (mold) or occupancy issues. Mr. Leek noted that sweeps are done regarding signs and illegal signs are pulled. Mr. Leek addressed the dog and cat issue. There is no limit on the number allowed. Mr. Leek thought that this issue might be revisited as far as code is concerned because the City is growing and this may become an issue in the future. Mr. Leek thought the house occupancy and housing concerns area would just further escalate and in the near future the inspections department many need to be increased to follow -up and inspect issues concerning this area. Mr. Leek noted mold is an issue and there are no codes that relate to that issue. There also have been some calls regarding the number of occupants within a structure. Mr. Leek noted air quality and the number of occupants living in a structure is a difficult issue to enforce and can be very costly to enforce. Mr. Leek addressed the RV question and noted there was a text amendment coming forward on parking RV vehicles. Truck parking also appeared to be a problem. Mr. Leek noted that is was usually a rental unit with mold problems or air quality issues and there were air quality issues stemming from the construction of new homes that were brought to his attention by the renter or the property owner of the new home. There was discussion on how long some code enforcement cleanup took and whether or not the City Council wanted these violators to appear before the City Council administratively or in lieu of court proceedings or some other process. Cncl. Joos would like to see more information on the house occupancy and housing concerns addressed by Mr. Leek. If there were a code to be written for these type inspections then this "new "code would need to be enforced. The cost part of this new ordinance needed to be addressed also. Mayor Mars would like Mr. Leek to beef up some of the ordinances or write new ordinances if need be and to see about some funding sources for the enforcement of these "new' ordinances. Mr. Leek noted with the enforcement that is being done now by the Shakopee Police Department some problems in the current ordinances are being identified. Mr. Leek noted that he would clean up the language in the Ordinances that needed language cleaned -up. There was consensus that our code enforcement for the City of Shakopee was working. There needed to be some fixes to the code and there were a couple of new concerns brought forward by Mr. Leek, Community Development Director. Official Proceedings of the October 10, 2002 Shakopee City Council Page -4- Chief Hughes asked that the Council's expectations be clarified. He wanted to know if the Council was comfortable with the officer - initiated process to code enforcement for all of the neighborhood when a complaint was received from a resident? The Council was supportive with the proactive approach of the officer - initiated approach to code enforcement and thought that some problems might have been diffused because of this approach. Mr. Leek was looking for some direction as to how the City Council wanted the temporary signs i.e. garage sale signs enforced. Should they be exempted or should code apply to them? Mayor Mars was for pulling the signs. The property owner needed to be aware of the rules for sign placement. Paula Calles noted the City was limited as to what they could do with political signs. Mr. Leek noted that when the new fee schedule is presented lie is going to ask that there be a fee for the retrieval of signs along with a time limitation on how long the signs will be kept. Mr. McNeill noted that Resolution No. 5800, a Resolution of condolences for the family of Robert O. Sweeney had been prepared by staff. Leliunan/Joos offered Resolution No. 5800, a Resolution Of Condolences To The Family of Robert O. Sweeney, and moved its adoption. Cncl. Link wanted to know if the City had thought about naming something in the City after Robert Sweeney for all of his years of service to the community. Motion carried 4 -0. Joos /Lehman moved to adjourn the meeting to Tuesday October 15, 2002 at 7:00 p.m. Motion carried 4 -0. The meeting adjourned at 6:40 p.m. u ith S. Cox City Clerk Carole Hedlund Recording Secretary � � V CITY OF SHAKOPEE �VNT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: December 12, 2002 Introduction and Background Attached is a print out showing the division budget status for 2002 based on data entered as of 12/12/2002. Attached is a regular council bill list for invoices processed to date for council approval. Included in the checklist are various refunds, returns, pass through, etc. totaling $143,765.94. The actual net expense amount is $1,706,537.03. Action Requested Move to approve the bills in the amount of $1,850,302.97. <,_ R5509FDO LOGIS007 CITY OF SHAKOPEE 12/12/02 8:51:35 Expenditures by Cc (pb), Division Expenditure Report by Company Page - 1 12/31/02 Annual Current Month YTD Exp. Avail. Description Budget Actual Balance Balance % 01000 GENERAL FUND 11 MAYOR & COUNCIL 90,820.00 638.44 70,635.35 20,184.65 77.8 22.2 12 CITY ADMINISTRATOR 558,150.00 19,412.98 479,154.72 78,995.28 85.8 14.2 13 CITY CLERK 325,000.00 14,744.80 230,724.92 94,275.08 71.0 29.0 15 FINANCE 675,470.00 12,396.58 549,368.06 126,101.94 81.3 18.7 16 LEGAL COUNSEL 424,500.00 189.58 338,576.13 85,923.87 79.8 20.2 17 COMMUNITY DEVELOPMENT 758,910.00 18,623.39 516,034.67 242,875.33 68.0 32.0 18 GENERAL GOVERNMENT BUILDINGS 375,200.00 2,956.05 225,475.04 149,724.96 60.1 39.9 31 POLICE DEPARTMENT 2,981,100.00 144,447.75 2,573,793.10 407,306.90 86.3 13.7 32 FIRE 1,026,480.00 16,079.73 797,144.74 229,335.26 77.7 22.3 33 INSPECTION- BLDG - PLMBG -HTG 585,230.00 21,654.06 504,799.39 80,430.61 86.3 13.7 41 ENGINEERING 658,730.00 27,871.68 591,878.15 66,851.85 89.9 10.1 42 STREET MAINTENANCE 963,840.00 16,838.88 770,724.21 193,115.79 80.0 20.0 44 SHOP 188,780.00 11,434.63 198,492.62 9,712.62- 105.1 5.1- 46 PARK MAINTENANCE 691,600.00 17,593.04 555,429.31 136,170.69 80.3 19.7 91 UNALLOCATED 363,630.00 650.47 106,727.15 256,902.85 29A 70.6 01000 GENERAL FUND 10,667,440.00 325,532.06 8,508,957.56 2,158,482.44 79.8 20.2 Annual Current Month YTD Exp. Avail. Description Budget Actual Balance Balance % % -- - ..--- ._..._. __..... -- - - - - - _..... - -- - .. - - -- - 02140 TRANSIT 17 COMMUNITY DEVELOPMENT 603,8 260.11 311,593.75 2 92,276. 2 5 5 1.6 48. 02140 TRANSIT 603,870.00 260.11 311,593.75 292,276.25 51.6. 48.4 Annual Current Month YTD Exp. Avail. D escription Budget Actual Balance Balance % % 07500 RECREATION FUND 75 RECREATION PROGRAMS 1,480,660.00 36,799.26 1,390,208.05 90,451.95 93.9 61 07500 RECREATION FUND 1,480,660.00 36,799.26 1,390,208.05 90,451.95 93.9 6.1 Z R55CKREG LOG22000VO CITY OF SHAKOPEE 12!12/02 8:50.15 Council Check Register Page - 1 1212102 -- 12/12102 Ch eck # Amount Vendor/ Explanation Account Description Business Unit 75355 24.50 AT&T TELEPHONE SW METRO DRUG TASK FORCE 75356 315.84 ASSOC MECH CONTR INC BUILDING MAINT. CIVIC CENTER 75357 550.00 ASSOCIATED WELL DRILLERS INC OTHER GORMAN SITE 75358 9,410.28 CARVER COUNTY TREASURER WAGES FT REG SW METRO DRUG TASK FORCE 75359 1,852.17 LAFAYETTE LIFE INSURANCE CO LIFE PAYABLE PAYROLL CLEARING 75360 945.00 LAW ENFORCMT LABOR SERVICES UNION DUES PAYABLE PAYROLL CLEARING 75361 61.70 MBA MBA INSURANCE PAYABLE PAYROLL CLEARING 75362 29.80 MCLEOD CO ATTORNEYS OFFICE FINES & FORFEITS SWMDTF STATE FOFEITURES 75363 216,537.20 METRO COUNCIL ENVIRO SERVICES CURRENT USE CHARGES SEWER MANAGEMENT 75364 227.49 METROCALL TELEPHONE POLICE MANAGEMENT 75365 480.00 MN CHILD SUPPORT PAYMENT CTR OTHER DEDUCTIONS PAYROLL CLEARING 75366 7,119.23 MN STATE TREASURER BLDG PERMIT - SURCHARGE UTILITY CLEARING 75367 23.10 MN STATE TREASURER'S OFFICE FINES & FORFEITS FORFEITURE 75368 724.00 MN TEAMSTERS #320 UNION DUES PAYABLE PAYROLL CLEARING 75369 400.00 NCPERS GROUP LIFE INS LIFE PAYABLE PAYROLL CLEARING 75370 1,512.95 NEXTEL COMMUNICATIONS TELEPHONE ENGINEERING DEVELOPER PROJECTS 75371 16.40 SCOTT CO ATTORNEY'S OFFICE FINES & FORFEITS FORFEITURE 75372 114.60 SPEEDWAY SUPERAMERICA LLC MOTOR FUELS & LUBRICANTS SW M TRO DRUG TASK FORCE 75373 193.55 VERIZON WIRELESS - BELLEVUE TELEPHONE ADMIN41RATION 75374 1,004.56 200 LEVEE DR APTS OTHER RENT SENIOR NTER 75375 122.28 ADVANTAGE COMMUNICATIONS INC EQUIPMENT MAINTENANCE STREET ANAGEMENT 75376 434.07 ALLEN HOMES C.O. CHARGE PAYABLE ESCROW FUND 75377 1,544.25 ALTERNATIVE BUSINESS FURN INC OFFICE SUPPLIES INSPEC ION MANAGEMENT 75378 369.98 AMERICAN RED CROSS RECREATION SUPPLIES EC TIC GENERAL MANAGEMENT 75379 236,311.89 AMES CONSTRUCTION INC IMPROVEMENTS CSAH 17 & CR79 PEDESTRAIN BRID 75380 2,850.00 ANDERSON FAMILY HOMES C.O. CHARGE PAYABLE ESCROW FUND 75381 309.23 APACHE GROUP OPERATING SUPPLIES ICE ARENA MANAGEMENT 75382 191.99 APPLE FORD OF SHAKOPEE INC MERCHANDISE SHOP MANAGEMENT 75383 198.76 ARROW ACE HARDWARE BUILDING MAINT SUPPLIES CIVIC CENTER 75384 129.42 ASPEN EQUIPMENT CO MERCHANDISE SHOP MANAGEMENT 75365 2,736.00 BERGMAN COMPANIES INC PAVEMENT PRESERVATION STREET MAINTENANCE 75366 2,059.05 BEST EXPRESSION INC 1 OPERATING SUPPLIES POLICE MANAGEMENT 75387 124.93 BIG K -MART OTHER POLICE MANAGEMENT 75388 16,273.56 BOARMAN & ASSOC INC OTHER LIBRARY -2002 75389 1,555.01 BOISE CASCADE CORP OFFICE SUPPLIES POLICE MANAGEMENT 75390 163.73 BRYAN ROCK PRODUCTS MATERIALS STREET MAINTENANCE 75391 8.63 C H CARP LUMBER OPERATING SUPPLIES BUILDINGIAPPARATUS 75392 725.00 CAPESIUS AGENCY INC LIABILITY CLERK MANAGEMENT 75393 172.57 CCP INDUSTRIES INC OPERATING SUPPLIES STREET MANAGEMENT 75394 4,136.13 CENTERPOINT ENERGY GAS ICE ARENA MANAGEMENT 75395 48.96 CENTERPOINT ENERGY GAS BUILDING/APPARATUS R55CKREG LOG22000VO CITY OF SHAKOPEE 12/12/02 8:50:15 Council Check Register Page - 2 1212102 — 12/12102 Check # Amount Vendor 1 Explanation Account Description Business Unit 75396 943.96 CINTAS - 754 INC OPERATING SUPPLIES STREET MANAGEMENT 75397 5,000.00 CLETUS LINK CONST CO DEPOSITS PAYABLE ESCROW FUND 75398 653,218.10 CM CONSTRUCTION CONPANY INC ENGINEERING CONSULTNTS GORMAN SITE 75399 6,636.11 COVERALL OF THE TWIN CITIES IN BUILDING MAINT. SENIOR CENTER 75400 287.55 CRYSTEEL TRUCK EQUIPMENT MERCHANDISE SHOP MANAGEMENT 75401 2,175.00 CUDDIGAN CUSTOM BUILDERS RESID LANDSCAPE PAYABLE ESCROW FUND 75402 510.00 DAKOTA CO TECH COLLEGE CONFERENCE/SCHOOL/TRAINING POLICE MANAGEMENT 75403 638.99 DELTA FOREMOST MATERIALS SNOW /SAND 75404 52,00 DEM -CON LANDFILL INC REFUSE STREET MAINTENANCE 75405 3,375.00 DEUTSCH CONSTRUCTION C.O. CHARGE PAYABLE ESCROW FUND 75406 260.87 DICK'S SANITATION INC REFUSE STREET MANAGEMENT 75407 72.00 DICTAPHONE CORP OFFICE SUPPLIES POLICE MANAGEMENT 75408 3,150.00 EAGLE POINT OPERATING SUPPLIES ENGINEERING MANAGEMENT 75409 3,955.00 ED M FELD EQUIPMENT CO INC OPERATING SUPPLIES FIRE MANAGEMENT 75410 7,160.06 EMERGENCY APPARATUS MAINT INC EQUIPMENT MAINTENANCE FIRE MANAGEMENT 75411 138.60 FERRELLGAS MOTOR FUELS & LUBRICANTS ICE ARENA MANAGEMENT 75412 651.64 FILTRATION SYSTEMS INC EQUIPMENT MAINTENANCE CIVIC CENTER 75413 1,304.02 FIRE EQUIP SPECIALTIES OPERATING SUPPLIES FIRE MANAGEMENT 75414 75.00 FIRE MARSHALS ASSOC OF MINNESO CONFERENCE/SCHOOL/TRAINING FIRE INSPECTOR 75415 121.42 GENERAL SECURITY SERVICES CORP BUILDING MAINT. CIVIC CENTER 75416 247.03 GENUINE PARTS CO MERCHANDISE SHOP MANAGEMENT 75417 2,175.00 HANSEN CONSTRUCTION RESID LANDSCAPE PAYABLE ESCROW FUND 75418 476.10 HEARTLAND TIRE INC MERCHANDISE SHOP MANAGEMENT 75419 9.07 HENNENS TEXACO INC MERCHANDISE SHOP MANAGEMENT 75420 526.12 HILLYARD OPERATING SUPPLIES CIVIC CENTER 75421 446.79 HUEBSCH CO BUILDING MAINT. CIVIC CENTER 75422 35.68 I T L PATCH CO INC OPERATING SUPPLIES POLICE MANAGEMENT 75423 746.40 iCMA MEMBERSHIP RENEWALS DUES ADMINISTRATION 75424 909.81 INFRATECH INC OPERATING SUPPLIES FIRE MANAGEMENT 75425 447.50 INNOVATIVE GRAPHICS RECREATION SUPPLIES RECREATION GENERAL MANAGEMENT 75426 1,889.79 INSIGHT OFFICE SUPPLIES MIS 75427 4,888.42 INSTANT TESTING INC ENGINEERING CONSULTANTS CR16 /CR83 PROJECT 75428 326.28 INTERTECHNOLOGIES GROUP TELEPHONE POLICE MANAGEMENT 75429 62.78 KARLEN,TRAVIS M TRAVEL/SUBSISTENCE POOL MANAGEMENT 75430 40.67 KLIMEK, EILEEN TRAVEUSUBSISTENCE FINANCE MANAGEMENT 75431 2,797.20 KROMINGA, TERRY OTHER INSPECTION MANAGEMENT 75432 2,924.70 KUNDE CO INC OTHER NATURAL RESOURCES 75433 279.28 KYOCERA MITA AMERICA INC EQUIPMENT RENT CIVIC CENTER 75434 3.66 LANO EQUIPMENT INC EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE 75435 1,282.50 LAURENT BUILDERS C.O. CHARGE PAYABLE ESCROW FUND 75436 1,000.00 LENZMEIER,ROSE EQUIPMENT RENT (IS FUND) PARK MANAGEMENT I+ r R55CKREG LOG22000VO CITY OF SHAKOPEE 12/12/02 8:50:15 Council Check Register Page - 3 1212102 -- 12112102 Check # Am Vend / Expl anation Account Description Bu siness Unit 75437 377.11 LINK LUMBER INC OPERATING SUPPLIES STREET MANAGEMENT 75438 297.00 LOFFLER BUSINESS SYSTEMS INC PRINTING /PUBLISHING UNALLOCATED 75439 1,295.00 LOGIS COMPUTER SERVICES MIS 75440 2,175.00 MCNEARNEY ROBERT CUSTOM RESID LANDSCAPE PAYABLE ESCROW FUND 75441 160.00 MCQUILLAN, MARK CONFERENCE /SCHOOUTRAINING NATURAL RESOURCES 75442 90.00 MED- COMPASS INC OTHER FIRE MANAGEMENT 75443 1,401.77 MELCHERT HUBERT SJODIN PLLP ATTORNEY FINANCE MANAGEMENT 75444 2,025.00 METRO CLASSIC HOMES C.O. CHARGE PAYABLE ESCROW FUND 75445 118.06 MIDWEST ENGINE SERVICE OPERATING SUPPLIES TREEIWEED 75446 62.88 MINN COMM INC PRINTING /PUBLISHING RECREATION GENERAL MANAGEMENT 75447 46.00 MINNESOTA DEPART OF TRANSPORTA OPERATING SUPPLIES SHOP MANAGEMENT 75448 1,500.00 MINNESOTA WATER RESCUE OTHER POLICE MANAGEMENT 75449 131.20 MN STATE TREASURER'S OFFICE FINES & FORFEITS FORFEITURE 75450 36.74 MN VALLEY ELECTRIC CO -OP ELECTRIC STREET MAINTENANCE 75451 948.96 MOTOR PARTS EQUIPMENT MAINTENANCE FIRE MANAGEMENT 75452 100.00 MRPA ADVERTISING RECREATION GENERAL MANAGEMENT 75453 108.92 MTI DISTRIBUTING INC MERCHANDISE SHOP MANAGEMENT 75454 204.48 NEENAH FOUNDRY CO OPERATING SUPPLIES STORM DRAINAGE MAINTENANCE 75455 285,826.39 NORTHWEST ASPHALT INC IMPROVEMENTS TAHPAH PARK 75456 118.00 PALMERSHEIM,JENA CONFERENCE(SCHOOL/TRAINING POOL MANAGEMENT 75457 1,638.98 PERSONNEL DEC INC OTHER POLICE MANAGEMENT 75458 351.45 PINK BUSINESS INTERIORS OFFICE SUPPLIES CLERK MANAGEMENT 75459 80.00 PRECISION AUTO COLSN INC EQUIPMENT MAINTENANCE FIRE MANAGEMENT 75460 83.42 PROSKIN,SHARON OTHER POLICE MANAGEMENT 75461 888.59 QWEST TELEPHONE CIVIC CENTER 75462 307.58 REAL GEM AWARDS DESIGNATED MISCELLANEOUS MAYOR & COUNCIL 75463 264.50 REALITY SIGN CO MISCELLANEOUS MULTI HOUSING -COPS OT 99 GRANT 75464 143.40 REYNOLDS WELDING SUPPLY CO OPERATING SUPPLIES SHOP MANAGEMENT 75465 614.19 RIVERFRONT PRESS PRINTING /PUBLISHING POLICE MANAGEMENT 75466 2,175.00 RUBBEKLE,THOMAS B RESID LANDSCAPE PAYABLE ESCROW FUND 75467 46.90 RUTT, DAVID TRAVEL/SUBSISTENCE STREET MANAGEMENT 75468 2,117.40 RYLAND HOMES C.O. CHARGE PAYABLE ESCROW FUND 75469 87,075.22 S M HENTGES & SONS INC IMPROVEMENTS CR16 /CR83 PROJECT 75470 564.85 SCHINDLER ELEVATOR CO BUILDING MAINT. CIVIC CENTER 75471 675.00 SCHMITT, GERHARD F & MARY E C.O. CHARGE PAYABLE ESCROW FUND 75472 59.20 SCOTT CO ATTORNEY'S OFFICE FINES & FORFEITS FORFEITURE 75473 20.00 SCOTT CO RECORDER FILING FEES DEVELOPMENT 75474 160.00 SCOTT CO RECORDER FILING FEES 17TH AVE EAST CR 79- COLONIAL S 75475 20.00 SCOTT CO RECORDER FILING FEES DEVELOPMENT 75476 7,203.54 SCOTT CO TREASURER EQUIPMENT RENT POLICE MANAGEMENT 75477 118.00 SELENAK,MAURA CONFERENCE/SCHOOLI TRAINING POOL MANAGEMENT R55CKREG LOG22000VO CITY OF SHAKOPEE 12112/02 8:50:15 Council Check Register Page - 4 1212102 — 12112102 Check # Amount Vendor / Explanation Account Description Business Unit 75481 19,464.78 SHAKOPEE PUC "" UTILITY SERVICE STREET MAINTENANCE 75482 63.50 SHAKOPEE SCHOOL DIST 720 PRINTING/PUBLISHiNG POLICE MANAGEMENT 75483 439.57 SHAKOPEE GRAVEL INC MATERIALS STREET MAINTENANCE 75484 6,442.72 SHAKOPEE PUBLIC UTILITY COMM OTHER LIBRARY -2002 75485 93.28 SHAKOPEE SERVICES INC TRANSPORTATION RECREATION GENERAL MANAGEMENT 75486 622.16 SHERWIN WILLIAMS CO OPERATING SUPPLIES BUILDING /APPARATUS 75487 61.08 SIM TEK OTHER POLICE MANAGEMENT 75488 1,789.54 SOUTHWEST SUBURBAN INC PRINTINGIPUBLISHING CLERK MANAGEMENT 75489 12.97 SPS COMPANIES BUILDING MAINT SUPPLIES SHOP MANAGEMENT 75490 12.40 ST. CROIX VALLEY ECOWATER PLUMBING PERMITS PLUMB /HEAT INSPECTION 75491 4,070.42 STEVE TUPYS TIRE SERV INC MERCHANDISE SHOP MANAGEMENT 75492 103.25 TATS, JEFF TRAVEUSUBSISTENCE POLICE MANAGEMENT 75493 60.00 THOMS,CHUCK EQUIPMENT MAINTENANCE CIVIC CENTER 75494 826.17 TREADWAY GRAPHICS OPERATING SUPPLIES POLICE MANAGEMENT 75495 34.75 UNITED RENTALS EQUIPMENT MAINTENANCE EQUIPMENT MAINTENANCE 75496 851.79 VOSS LIGHTING BUILDING MAINT SUPPLIES FIRE STATION NO 2 75497 148,200.00 WESTRA CONSTRUCTION INC OTHER LIBRARY -2002 75498 57.07 WM MUELLER & SONS MATERIALS STREET MAINTENANCE 75499 60.93 XCEL ENERGY ELECTRIC STREET MAINTENANCE 75500 465.79 YARUSSOS HDW CO OPERATING SUPPLIES SHOP MANAGEMENT 75501 675.00 YORWAY CUSTOM HOMES G.O. CHARGE PAYABLE ESCROW FUND 75502 257.94 ZACKS OPERATING SUPPLIES STORM DRAINAGE MAINTENANCE 75503 250.28 ZUPA CUCINA MISCELLANEOUS MULTI HOUSING -COPS OT 99 GRANT 75504 195.00 STANTON GROUP OTHER PERSONNEL - PAYROLL 75505 40,000.00 U.S. HOME CORPORATION LAND SARAZIN STREET EXTNALLEY VIEW 75506 314.94 VERIZON WIRELESS - BELLEVUE VERIZON CELLULAR PAYROLL CLEARING 1,850,302.97 Grand Total Payment Instrum Totals Check Total 1,850,302.97 Total Payments 1,850,302.97 R55CKSUM LOG20000 CITY OF SHAKOPEE 12112102 8:51:16 Council Check Summary Page - 1 1212102 12/12/02 Company ! Amount 01000 GENERAL FUND 100,391.20 02120 FORFEITURE 215.00 02150 TELECOMMUNICATION 29.24 02190 EDA 18.28 04020 PARK RESERVE 8,207.57 04021 CAPITAL IMPROVEMENT FUND 555,119.99 04053 2001/2002 PROJECTS 70,914.83 04054 CR16 /CR83 PROJECT 19,767.05 07100 SEWER FUND 216,537.20 07300 STORM FUND 321.72 07500 RECREATION FUND 17,311.35 07810 BUILDING I.S. FUND 824,684.38 08025 SW METRO DRUG TASK FORCE 9,651.19 08040 ESCROW FUND 27,133.97 Report Totals 1,850,302.97 CONSENT City of Shakopee Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Time Warner Cable Transfer Acceptance — Resolution No. 5836 MEETING DATE: December 17, 2002 Introduction City Council should adopt Resolution No. 5836 and the cable transfer settlement agreement with AOL /Time Warner. Background Time Warner submitted an application to transfer the cable franchise to Time Warner Cable Inc., from Amzak Cable Midwest dba Time Warner Cable. The City Council has 120 days, which ends on January 3, 2003, to accept or deny the cable transfer. City staff has worked with our legal counsel to resolve numerous issues; however, at the time of the December 4 th Telecommunications Commission meeting, the cable modem payment issue was still unresolved. The Telecommunications Commission recommended to deny the cable transfer, unless a settlement agreement could be reached. The Telecommunications Commission recommended denial of the transfer, because on April 5, 2002, Time Warner discontinued collecting 5% of gross revenues on cable modem services in Shakopee. TW and the city disagree on the FCC's interpretation of the FCC's ruling on information services. This disagreement equals a potential of $23,000 in lost Shakopee cable franchise revenues. Lawsuits and challenges of the FCC decision have been filed, and if the FCC changes /reverses its decision, the city maybe entitled to collect this lost revenue. At the December 4 th Telecommunications Commission meeting, Time Warner had not agreed to language that would protect the City from losing this revenue if the FCC were to make a new ruling. Although the Commission recommended denying the transfer, it also directed staff to continue negotiations with Time Warner. City staff and legal counsel Bob Vose of Kennedy and Graven have developed language that satisfies both party's needs. Recommendation With safeguarding language in place, city staff recommends that City Council move forward with the approval of the AOL /Time Warner cable transfer agreement. Action Move the adoption of Resolution No. 5836, conditionally consenting to the cable franchise transfer with AOL /Time Warner Cable and adopt the settlement agreement. 1 RESOLUTION 5836 CONDITIONALLY CONSENTING TO CABLE FRANCHISE TRANSFER WHEREAS, the City of Shakopee ( "City ") has granted a cable television franchise ( "Franchise ") to Amzak Cable, Midwest, Inc. d/b /a AOL /Time Warner ( "Time Warner "); WHEREAS, Time Warner has submitted a cable franchise transfer application, FCC Form 394, requesting approval to transfer the Franchise to Time Warner Cable Inc. ( "TWC ") via one or more intermediate transactions; WHEREAS, the City's Telecommunications Commission has reviewed the proposed transactions and considered a report from the City Attorney; WHEREAS, the City's Telecommunications Commission recommends approval of TWC's legal, technical, and financial qualifications but denial of the FCC Form 394 due to an alleged Franchise violation; WHEREAS, the City and Time Warner have negotiated a proposed settlement of the alleged Franchise violation; NOW, THEREFORE, BE IT RESOLVED, that the City hereby approves the transfer application, FCC Form 394, subject to the following conditions: 1. The parties will execute an agreement of the form and substance of Exhibit A hereto. 2. Time Warner may transfer the Franchise only to the extent necessary to complete the transactions contemplated by the FCC Form 394. BE IT RESOLVED FURTHER, that the City does not waive, and expressly reserves, the right to consider compliance matters that arose prior to the date of this Resolution and to enforce the Franchise with respect to said matters, whether known or unknown; and BE IT RESOLVED FURTHER, that failure to meet any condition herein shall be subject to the rights and remedies contained in the Franchise; and BE IT RESOLVED FURTHER, that this Resolution shall be effective immediately. Adopted this day of , 2002. Mayor ATTEST: City Clerk RJV- 215045v4 HU210 -6 SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 17 day of December, 2002, by and between the City of Shakopee, a body corporate and politic under the laws of Minnesota ( "City "), and Amzak Cable, Midwest, Inc. d/b /a AOL /Time Warner, a Minnesota corporation ( "Time Warner "). WITNESSETH WHEREAS, on or about April 5, 2002, Time Warner ceased paying franchise fees on cable modem service revenues; WHEREAS, the parties dispute Time Warner's right or authority to discontinue such franchise fee payments to the City; WHEREAS, Time Warner has submitted a Form 394 application to the City; WHEREAS, the parties wish to resolve disputes related to the above to permit the City's approval of the Form 394; WHEREAS, the Federal Communications Commission ( "FCC ") issued a Notice of Proposed Rulemaking in CS Docket No. 02 -52, FCC No. 02 -77, released on March 15, 2002 ( "NPRM "), and the parties expect the resultant decision, order or rule to address Time Warner's obligation to pay franchise fees to the City on cable modem service revenues; NOW THEREFORE, the parties agree as follows: AGREEMENT 1. The City will approve Time Warner's Form 394 application and take no enforcement action or other action adverse to Time Warner regarding franchise fees on cable modem service revenues, if at all, prior to any issuance of a final, non - appealable decision, order, clarification, or rule with respect to the NPRM ( "Final Order "). 2. Time Warner and the City will comply with the Final Order. 3. In the event the Final Order provides that Time Warner was required to continue franchise fee payments on cable modem revenues on and after April 5, 2002, Time Warner will pay any amounts then owing to the City within thirty (30) days, or other mutually agreed upon timeframe, along with a report detailing the calculation of such payment. 4. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement is accepted and we agree to be bound by all its terms and conditions. CITY OF SHAKOPEE By Its By Its AMZAK CABLE, MIDWEST, INC. By Its City of Shakopee Memorandum TO: Telecommunications Commission Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Cable Modem Fees & TW Payment MEETING DATE: December 4, 2002 Introduction Time Warner has submitted a 394 application to transfer the cable franchise to Time Warner Cable Inc., from Amzak Cable Midwest dba Time Warner Cable. Background The City Council has 120 days, which ends on January 3, 2003, to accept or deny the cable transfer. City staff has worked with our legal counsel to resolve numerous issues; however, the cable modem payment issue is still unresolved. As of April 5, 2002, Time Warner discontinued collecting 5% of gross revenues on cable modem services in Shakopee, because TW interpreted the FCC's ruling on information services differently than the City and its legal counsel. At city staff, we believe Time Warner, under our current franchise, is still obligated to pay the City 5% of gross revenues on cable modem services. Staff estimates this amount to be roughly $30,000. Action Staff recommends adopting or modifying that attached city staff report that was presented to Time Warner, and recommending the report to the City Council at its December 17, 2002 meeting. (,-7 /S4,cy Tracy Schdefer Assistant to the City Administrator 1 CITY OF SHAKOPEE REPORT AND RECOMMENDATION CONCERNING CABLE FRANCHISE TRANSFER APPLICATION DECEMBER _, 2002 I. INTRODUCTION AND OVERVIEW OF TRANSACTION This Report and Recommendation ( "Report") is prepared on behalf of the City of Shakopee Minnesota ( "City "). This Report addresses an application to transfer the local cable franchise ordinance. The franchise was set to expire in October, 2002, but was extended to February, 2003 to accommodate ongoing franchise renewal negotiations. The local franchise is held by Amzak Cable, Midwest, Inc. d/b /a Time Warner Cable ( "Time Warner "). Time Warner is an indirect subsidiary of AOL Time Warner Inc. ( "AOLTW "). AOLTW controls Time Warner through an intermediate subsidiary, TWI Cable Inc ( "TWIC "). By letter dated September 5, 2002, Time Warner submitted a franchise transfer application (FCC Form 394) to the City. As required by Minnesota law and the franchise, Time Warner requests the City's approval to transfer the franchise. The proposed franchise transfer is complicated. AOLTW is currently a partner in Time Warner Entertainment Company, L.P. ( "TWE "), a limited partnership. TWE has interests in certain cable properties but has no direct interest in the franchise - holder, Time Warner. AT &T Corp. ( "AT &T ") holds a 27% limited partnership interest in TWE. On November 18, 2002, AT &T and Comcast Corporation ( "Comcast ") merged. The resulting entity is a newly created Pennsylvania corporation that continues to be known as Comcast. Comcast serves approximately 27 million subscribers, or approximately 30 percent of all U.S. multichannel video programming distributor (MVPD) subscribers. With TWE, the merged RJV- 221806`/2 1 SH155 -123 firm would have ownership interests in cable systems serving approximately 38 million subscribers, or 40 percent of all U.S. MVPD subscribers. AT &T and Comcast represented to federal regulators that AT &T's interest in TWE would be divested as a result of the merger. AOLTW and AT &T subsequently agreed to restructure the TWE partnership. On November 13, 2002, the FCC approved the AT &T /Comcast merger conditioned on placement of the TWE ownership interest in trust, and full divestiture within five- and -a -half years. This requirement is intended disentangle certain cable programming and distribution assets and to satisfy certain market ownership /dominance concerns commonly considered during the federal review of such mergers. The TWE interest was placed in trust upon closing of the merger. AT &T relinquished its interest in TWE for $2.1 billion in cash, $1.5 billion in common stock of AOLTW, and a 21% equity interest in a new company- Time Warner Cable Inc. ( "TWC "). TWC will fundamentally consist of the TWIC and TWE cable properties. In essence, Time Warner requests approval to transfer the franchise to TWC. However, this transfer would be completed in two steps, each involving a franchise transfer. First, the franchise would be transferred to Warner Communications, Inc ( "WCI "). The application discloses that WCI is a wholly -owned subsidiary of AOLTW, but virtually nothing else about WCI. Second, the franchise would be transferred from WCI to TWC. The application discloses that TWC is a new entity with no operational history or independent financial information. II. INFORMATION REVIEWED The following is a listing of the documents primarily relied upon for this Report: 1. FCC Form 394 executed August 21, 2002, dated August 30, 2002, and delivered to the City under cover letter dated September 5, 2002, with attachments. 2. September 26, 2002 letter from City's legal counsel concerning procedural issues. 3. October 11, 2002 response from Time Warner's legal counsel. RJV- 221806v2 2 SH155 -123 4. October 31, 2002, letter from FCC to LGSAC concerning franchise fees on cable modem revenues. 5. November 3, 2002 letter from Time Warner's legal counsel concerning City's review issues. 6. November 13, 2002, Memorandum Opinion and Order, FCC 02 -310, approving merger of AT &T and Comcast with conditions. 7. November 18, 2002, press release concerning AT &T /Comcast merger and related information. 8. Various written and oral communications concerning franchise fee payment issues. 9. Information available on Time Warner, AT &T and Comcast websites. 10. Information available on FCC website. 11. All legal authorities cited herein. III. STANDARD FOR CITY REVIEW The franchise and other local laws, state law, and federal laws and regulations all apply to the City's review of the proposed franchise transfer. The Cable Communication Policy Act of 1984, as amended by the 1992 Cable Act and Telecommunications Act of 1996 (collectively the "Cable Act ") establishes a national policy concerning the regulation of cable television systems. The Cable Act establishes, among other things, a time limit for review of transactions affecting the local cable franchise. The Cable Act and applicable regulations establish a 120 day review period from the date of receipt of FCC Form 394 (which is required by FCC regulations) and such other information required by local law and the franchise. The Cable Act preempts inconsistent state or local requirements. Accordingly, the parties have agreed that the City has until January 3, 2003, to act after which the proposed transaction may be deemed approved. Time Warner must furnish such information as the City may reasonably request relative to the proposed transfer. 47 C.F.R. 76.502; See also, Charter Communications v. County of Santa Cruz, _ F.3d _ (9th Cir. 2002). In reviewing Time Warner's application the City's RJV- 221806v2 3 SH155 -123 determinations are entitled to significant deference and will be sustained if its conclusions are fairly debatable. Id. Under Minnesota law, the City must approve or deny the transfer request in writing. Minn. Stat. § 238.083, Subd. 4. The City cannot unreasonably withhold its approval. Id. The City considered and approved Time Warner's technical, financial, and legal qualifications and other relevant factors of when awarding the franchise. The City may similarly consider TWC's qualifications. In addition, the City has a reasonable basis to deny the proposed franchise transfer if Time Warner is in violation of the Franchise. Franchise violation issues are particularly timely since Time Warner's franchise expires shortly and the parties are engaged in informal renewal negotiations. IV. THE CITY'S APPLICATION REVIEW A. EXPENSE REIMBURSEMENT. By letter dated September 26, 2002, the City notified Time Warner of certain requirements related to the City's review of the transfer application- FCC Form 394. The City indicated that in accordance with common practice in Minnesota, Time Warner would be required to reimburse the City's fees, costs or expenses incurred in reviewing the application. By letter dated October 11, 2002, Time Warner's legal counsel replied that the company refused to reimburse any such expenses and that the City would need to pay them out of franchise fees. Subsequently, City officials and Time Warner officials discussed the City's questions and concerns about the proposed transaction. By letter dated November 3, 2002, Time Warner provided additional information responsive to the City's concerns. Time Warner also indicated that it would reimburse the City's expenses up to $2500 in the event the City approves the transaction and documents its expenses. RJV- 221806v2 4 SH155 -123 Time Warner cannot lawfully condition its reimbursement of the City's regulatory expenses on approval of its transfer application. The City has proceeded with review of the application and is entitled to reimbursement in accordance with Time Warner's representations and Minnesota law. B. SUBSTANTIVE REVIEW ISSUES. Time Warner claims that the proposed transaction will have no adverse impact on the cable system, operations or local management. Time Warner claims that business policies and practices will not be impacted and local management will not change and will continue to report to the same upper management. In sum, Time Warner claims that there will be no change in control over the franchise. The proposed transaction will consolidate all cable properties operating as "Time Warner Cable" into TWC. The application discloses that these properties are currently operating under "a variety of ownership structures." Local management has previously emphasized, including in franchise renewal negotiations, that Time Warner is not a TWE property. The implication has been that Time Warner's parent, TWIC, is operated under a different management structure with potentially different management policies and practices than TWE. The City is unfamiliar with the management policies and practices of TWE. In addition, Time Warner and TWIC are currently not publicly held. The proposed transaction contemplates that the public will have a 35% equity interest and a 23% voting interest in TWC. TWC will directly hold the City's franchise and operate the local system. Accordingly, the proposed transaction contemplates a fundamental change in the ownership and control of the franchise - holder. Similarly, the interest AT &T previously held in TWE will now be held in trust. The ramifications of this change are unclear. RJV- 221806v2 5 SH155 -123 In response to these concerns, Time Warner's legal counsel specifically represented that the transfer will not result in a change in local policies, practices, operations or management of the cable system serving the City. It would be difficult as a practical and legal matter to explicitly condition approval of the transfer on the accuracy of this representation. Plainly, Time Warner cannot and should not claim that TWC's policies and practices will never change. For this reason, we believe that Time Warner's representations are adequate. The transfer could also increase debt loads borne directly or indirect by the franchise- holder. AT &T received a significant amount of cash and stock in consideration for the proposed restructuring of TWE. In addition, the consolidation of TWIC, TWE and the other Time Warner cable operations changed the debt structure and may have further leveraged the local cable system. In response to these concerns, Time Warner's counsel represented that the transfer will not result in the local cable system, or TWC, being subjected to such additional debt that could negatively impact operations or result in reduced services. Rather, counsel indicates that TWC will be "under leveraged relative to others in the cable television industry." Again, it would be difficult to condition approval of the transfer on the accuracy of these highly subjective representations. The most effective and direct way to ensure continued service is through negotiation of an appropriate renewed franchise and diligent enforcement thereof. We therefore believe that Time Warner's representations are adequate. V. NON - PAYMENT OF FRANCHISE FEES ON CABLE MODEM REVENUES A. Background On September 28, 2000, the FCC released a Notice of Inquiry in Inquiry Concerning High -Speed Access to the Internet Over Cable and Other Facilities, 15 FCC Rcd 19287 (2000) ( "NOI "). The NOI requested, among other things, comments on the proper legal classification RJV- 221806v2 SH155 -123 of cable modem service. On behalf of the cable industry, the National Cable Television Association filed comments arguing that cable modem service is a "cable service" subject to franchise fees. On March 15, 2002, the FCC released a declaratory ruling, GN Docket No. 00 -185, CS Docket No. 02 -52, FCC Docket No. 02 -77 (the "Declaratory Ruling "), concluding that cable modem service is an "interstate information service" and not a "cable service" or a "telecommunications service" within the meaning of the Communications Act of 1934 ( "Communications Act "). Several parties timely appealed the Declaratory Ruling in various federal appellate courts. The parties assert that the FCC's categorization of cable modem service is erroneous and contrary to the Communications Act. By lottery, the Ninth Circuit Court of Appeals is hearing the consolidated appeal. Simultaneous with the Declaratory Ruling, the FCC released a Notice of Proposed Rulemaking, CS Docket No. 02 -52 (the "NPRM "), giving parties the opportunity to comment on potential consequences of categorization of cable modem service as an "information service." As with nearly all FCC proposed rulemakings, the NPRM contains tentative conclusions. Among other tentative conclusions, the NPRM states: "[g]iven that we have found cable modem service to an information service, revenue from cable modem service would not be included in the calculation of gross revenues from which the franchise fee ceiling is determined." NPRM, ¶ 105. Numerous parties representing industry, consumers, manufacturers, and various governmental interests including municipalities have filed voluminous comments with the FCC in response to the NPRM. Many of the comments focus whether franchise fees may be imposed on cable modem revenues. Municipal representatives note that Congress did not expressly preempt existing franchise fee obligations and the FCC has no independent authority to do so. However, the cable industry has opportunistically reversed its position and now encourages the RJV- 221806v2 7 SH155 -123 FCC to adopt rules preempting (including retroactively) any local obligations to pay franchise fees on cable modem revenues. Time Warner filed comments that go a step further. Time Warner acknowledges that the NPRM asks whether franchise fee obligations still apply to cable modem revenues. However, Time Warner also claims that the Declaratory Ruling resolved this issue. In short, Time Warner takes the strained view that the FCC asked a question in the NPRM that it had already conclusively answered in the Declaratory Ruling. The FCC has not acted on the NPRM. B. Franchise Fee On Cable Modem Revenues Time Warner recently upgraded its system and introduced high speed internet access or "cable modem service." Time Warner completed the upgrade before completing franchise renewal negotiations. The upgrade was, therefore, not a franchise requirement and was based solely on Time Warner's own business decisions. Time Warner derives significant revenues in connection with the delivery of cable modem service. For purposes of calculating franchise fees, the City's current Franchise Ordinance defines "gross revenues" as "any revenue derived directly or indirectly ... in connection with operation of the System." This comports with Minnesota Statutes, Section 238.08, Subd. 4, which preserves municipal authority to impose fees, taxes or charges on a "cable communications company" without regard to the specific service provided. Accordingly, Time Warner initially collected and paid franchise fees on its cable modem service revenues. A few days after the Declaratory Ruling was released, Time Warner advised the City by letter dated March 27, 2002, that it intended to cease paying franchise fees on cable modem revenues. Time Warner indicated that it would not implement this action for ten (10) days during which time the City could respond. Time Warner sent two identical letters with the last R1V- 221806v2 8 SH155 -123 being sent on May 28, 2002. The City responded that Time Warner's interpretation was erroneous and that the company should not unilaterally change its franchise fee payments. Despite the City's response, Time Warner advised City representatives at a meeting on August 26, 2002 that this action had been unilaterally implemented. By letter dated September 6, 2002, the City requested that Time Warner fully explain the basis for its action. Time Warner responded by letter dated September 18, 2002, and the issue was discussed further at meetings on October 25, 2002, and November 18, 2002. The Cable Act (part of the Communications Act of 1934) limits the annual franchise fee obligation under federal law to 5% of the "cable operator's gross revenues derived ... from the operation of the cable system to provide cable services." 47 U.S.C. § 542(b). The limitation on franchise fees contained in the italicized language was added by Section 303(b) of the Telecommunications Act of 1996 ( "1996 Act ") which amended the Cable Act. Congress indicated when the 1996 Act would preempt and supercede other laws or ordinances. Section 601(c) of the 1996 Act provides: "[t]his Act and the amendments made by this Act shall not be construed to modify, impair, or supersede Federal, State, or local law unless expressly so provided in such Act or amendments." Time Warner claims that Congress explicitly preempted local franchise ordinances when it added the new franchise fee limitation. Accordingly, Time Warner claims that the City's franchise fee on cable modem revenues was preempted by the FCC's determination that cable modem service is not a cable service. Time Warner's claim is flatly inconsistent with a decision by the Fifth Circuit Court of Appeals. City of Dallas, Texas v. FCC, 165 F.3d 341 (5th Cir. 1999). The Fifth Circuit concluded that Section 303(a) of the 1996 Act did not expressly preempt local franchising by establishing a potentially inconsistent regulatory scheme for "open RJV- 221806v2 9 SH155 -123 video systems." Similarly, Section 303(b) of the 1996 Act (including the new franchise fee limitation) does not expressly modify or preempt pre- existing franchise requirements. The Eighth Circuit recently decided a related issue. Missouri Municipal League, et al v. FCC, ^ F.3d _ (8th Cir., August 14, 2002). The Eighth Circuit vacated an FCC order concluding that states could restrict municipal authority to provide telecommunications service. The Court held that the 1996 Act's prohibition against legal requirements that impose restrictions on the provision of telecom service by "any entity" means exactly what it says. The Court rejected the argument accepted by the FCC and Court of Appeals for the District of Columbia that Congress did not state this prohibition with sufficient clarity. The analyses by the Fifth and Eighth Circuits are consistent. The 1996 Act is preemptory when Congress explicitly said so, and not preemptory if Congress didn't explicitly say so. Despite the Fifth Circuit's Dallas decision, Time Warner argues that legislative history to the 1996 Act suggests that Congress intended to retroactively preempt franchise fee provisions in local ordinances. Whether Time Warner has correctly distilled Congressional intent is debatable. However, Time Warner's argument is totally irrelevant. The question is whether the 1996 Act expressly preempts local franchise requirements not whether the legislative history leaves room for debate. Accordingly, the 1996 Act does not preempt the City's Franchise. Time Warner is wrong for another reason. The FCC's Declaratory Ruling interprets various provisions in the 1996 Act in order to categorize cable modem service. By definition, the Declaratory Ruling clarified or explained existing law or regulations, but was not a "rule making" intended to change law or policy. 5 U.S.C. § 553(b)(A); See also, Mount Diablo Hosp. Dist. v. Bowen, 860 F.2d 951, 956 (9th Cir. 1988); New York State Comm'n on Cable Television v. FCC, 749 F.2d 804 (D.C. Cir. 1984); New York State Comm'n on Cable Television v. FCC, 669 F.2d 58 (2d Cir. 1982). The FCC may, as a result of the NPRM, adopt rules or "legislation" RJV- 221806v2 10 SH155 -123 establishing the consequences of its categorization of cable modem service. However, Time Warner's assertion that the FCC has already taken this action is disingenuous. The NPRM flatly states: "[h]aving determined that cable modem service is an interstate information service, we now address the regulatory implications of our determination." NPRM, ¶72. The FCC has not issued any final rules or order and the NPRM contains tentative conclusions. Lest there be any doubt, the FCC recently confirmed this point. Several cable operators unilaterally decided to cease franchise fee payments on cable modem revenues. The FCC was asked to clarify the impact of the Declaratory Ruling and NPRM on this issue. By letter dated October 31, 2002, the FCC indicated that "the NPRM solicits comment on the regulatory consequences of [the information services] classification." Specifically, the NPRM seeks comment on whether there is authority under state and local law to assess fees on cable modem service. Of course, the FCC may ultimately adopt rules that purport to preempt pre- existing franchise ordinances. If the FCC does preempt local franchise ordinances, and such action is sustained in the inevitable appeal, Section 14.14 of the current franchise provides that the parties must enter into negotiations "to modify the Franchise to conform with such requirements; and, in the event Grantee shall fail to so negotiate within a reasonable time, the City shall have the option to terminate this Franchise." However, until the FCC takes such preemptive action, if ever, the City's Franchise and Time Warner's obligation to pay franchise fees on all revenues derived from the system, remains fully effective and enforceable. C. Recommendation In consideration for certain franchise obligations including the franchise fee obligation, the City granted Time Warner's predecessor the right to operate in the City. The franchise fee obligation is plainly material. RN- 221806v2 11 SH155 -123 The City has attempted to evaluate the amount of franchise fees Time Warner has withheld. Although Time Warner's letter of May 28 indicates that the action had not yet been implemented, Time Warner actually ceased collecting franchise fees on cable modem service on or about April 5, 2002. We estimate that from April 5, 2002 to year end, Time Warner will fail to pay approximately $20,000- $30,000 in franchise fees on cable modem revenues. Time Warner is in material breach of the Franchise Ordinance and contract. On November 18, 2002, City representatives offered to settle this matter. The City suggested that Time Warner agree to pay the franchise fees it withheld in the event the FCC's final action on the NPRM does not confirm Time Warner's legal interpretation. Time Warner rejected this settlement offer. The City may deny the proposed transfer due to Time Warner's breach. The City may also enforce this breach/violation by issuing a violation notice and taking enforcement actions up to and including franchise revocation. CONCLUSION For the foregoing reasons, the City should consider denying the proposed transfer and issue a Franchise violation notice. xlv -221 so6v2 12 SH155 -123 1q.a CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Comprehensive Plan Amendment to Reguide Property and Zoning Map Amendment to Rezone Property MEETING DATE: December 17, 2002 REVIEW PERIOD: October 17 —February 14, 2002 CASELOG NO.: 02 -118 INTRODUCTION: Noecker Development has made a request to reguide and rezone property. Specifically, the requests are to 1) amend the Comprehensive Plan guiding of property from Single Family Residential to Medium Density Residential, High Density Residential, and Planned Residential while retaining a portion of the site as Single Family Residential guiding and 2) to rezone the property from Light Industrial (I1) and Agricultural Preservation (AG) to Urban Residential (R- 1 B), Medium Density Residential (R2), Multiple Family Residential (R3) and Planned Residential District (PRD). A copy of the staff report to the Planning Commission is attached for the Council's information. The City Council did extend the Metropolitan Urban Service Area (MUSA) boundary to this site in August 2002. PLANNING COMMISSION RECOMMENDATION: The Planning Commission conducted the public hearing on the subject request at the meeting of December 5 At the conclusion of the public hearing, the Commission voted to recommend denial of the requested amendments ALTERNATIVES: 1. Direct staff to prepare a resolution of denial based on the Planning Commission recommendation and Northwest Associated Consultants report for consideration at the January 7, 2003 meeting. 2. Direct staff to prepare a resolution of approval for consideration at the January 7, 2003 meeting. 3. Table the matter and request additional information. 1 ACTION REQUESTED: Offer and approve a motion to prepare a resolution consistent with the Planning Commission recommendation for consideration at the January 7, 2003 Council meeting. R. Michael Leek Community Development Director g: \cc \2002 \12 -17 \compplannoecker.doc 2 5ff: CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Comprehensive Plan Amendment to Reguide Property and Zoning Map Amendment to Rezone Property MEETING DATE: December 5, 2002 REVIEW PERIOD: October 17 — February 14, 2002 CASELOG NO.: 02 -118 Site Information: Applicant: Noecker Development Property Owner: Terrance Hanson (Eagle Creek Stables) Location: North of CSAH 16, south of Southbridge residential development Adjacent Zoning: North: County Road 2 1 Right-of-Way South: County Road 16/ Rural Residential (RR) East: Agricultural Preservation (AG)/Light Industrial (I1) West: Agricultural Preservation (AG)/Light Industrial (I1) MUSA: The site is within the MUSA boundary INTRODUCTION: Noecker Development has made a request to reguide and rezone property. Specifically, the requests are to 1) amend the Comprehensive Plan guiding of property from Single Family Residential to Medium Density Residential, High Density Residential, and Planned Residential while retaining a portion of the site as Single Family Residential guiding and 2) to rezone the property from Light Industrial (I1) and Agricultural Preservation (AG) to Urban Residential (R- IB), Medium Density Residential (R2), Multiple Family Residential (R3) and Planned Residential District (PRD). Please see Exhibit B for development plans. The subject site is located north of CSAH 16 and south of the Southbridge residential development (see Exhibit A). The property is approximately 79 acres in size. The applicant has expressed his intent to develop the property with single family detached residential units, townhome units and a 3 to 4 story senior center. Please see E- u.ib;l the applicant's narrative. The City Council did extend the Metropolitan Urban Service Area (MUSA) boundary to this site in August 2002. The adopted Land Use Plan guides the entire subject site for single family development. Had the applicant's request been for a rezoning of the entire site to a single family residential zoning district, staff would be in the position to provide a positive recommendation for 1 the development of this parcel. However, given the mixture of proposed types of development, several issues may require further attention, such as: • The ease and cost of extending services to this site. Services to this site would need to cross the right -of -way of future County Road 21, the completion of the construction of which is not expected within the next 3 years, and would have to cross adjacent property owners lands which are currently outside of the MUSA boundary. • Determining whether this location best suits the type of development proposed. While viewing the parcel in its current state, it is easy to view the proposed development in isolation. However, the construction of County Road 21 and the upgrade of County Road 16 will vastly change the character of this area. The Engineering Department has provided comments which have been attached as Exhibit D. The City's Comprehensive Plan sets 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. FINDINGS: The Zoning Ordinance does not specify criteria for granting a Comprehensive Plan Map amendment. Though reasonable criteria would be Criteria 1 -3 for Zoning Ordinance amendments. Staff has provided Criteria 1 — 3 for the Commission's review and discussion. Criteria #1 That the original Comprehensive Plan is in error; Criteria #2 That significant changes in community goals and policies have taken place; Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred. The Zoning Ordinance specifies criteria for granting a Zoning Map Amendment. An amendment may be granted when one or more of the following criteria exists. Criteria #1 That the original Comprehensive Plan is in error; Criteria #2 That significant changes in community goals and policies have taken place; Criteria #3 That significant changes in City-wide or neighborhood development patterns; Criteria #4 That the Comprehensive Plan requires a different provision. ALTERNATIVES: 1. Recommend to the City Council the approval of the request to reguide and rezone the subject property, as requested, contingent upon approval from the Metropolitan Council. 2. Recommend denial by the City Council of the request to reguide and rezone the subject property as requested. 2 3. Continue the public hearing and request additional information from the applicant or staff. 4. Close the public hearing, but table the matter and request additional information. ACTION REQUESTED: Offer and approve a motion consistent with the wishes of the Commission. uhe ima Planner II g: \boaa -pc\ 2002 \12 -05 \compplannoecker.doc 3 RIB AG a x a H x a G A �KhS 1 A N W E S HAKOPEE caW&Mrfrs= isa S Reguiding and Rezoning of subject parcels. Q Zoning Boundary Parcel Boundary Parcel Area in Question C, Noecker Development, LLC 8315 Pleasant View Drive Mounds View, Minn. 55112 October 17, 2002 Mark Noble City of Shakopee 129 Holmes Street South Shakopee, Minn. 55379 RE: Rezoning and Guiding Applications Dear Mark, Today I am submitting my rezoning and guiding plat applications for the Eagle Creek Stables property at 7301 Eagle Creek Blvd ( # 16). The project will be called Eagle Creek Ponds and your suggestions and help to date are appreciated The property has 17 acres on the bluff and 63 acres below. South Bridge is adjacent to and directly north of my project, except for the 200' R of W dedication therein. The plan I am submitting is a "mixed use" plan with R-2 and R-3 up against the highway and Rl -B (with smaller and large single family lots) on the south half of the project. The site also has a planned senior center with about 100 units and a large park with several thousand feet of asphalt trails. This area of the City is now guided for single family, but several site issues dictate that single family is not really appropriate for some of this site. I purchased rights to this property in 1998 and in the fall of 1998 we began studying the site to determine the best logical uses for the area and the creek relationship issues along with wetland mitigation criteria. The creek and the wetlands are tied together and through numerous meetings and phone calls with city staff, Pete Willenbring (WSB), Paul Nelson at prior Lake -SPWSD and various wetland agency representatives, the issues seem to be coming together into an acceptable plan with the creek moved slightly from it's existing location. Although recently changed to single family, the use of all the land, does not really fit that type of proposal best in an area wide master plan concept. Several reasons effect the best and most appropriate long term use of the land and are obvious after our perusal. These include; highway #21, the best residential use for the property, the most appropriate uses for property near shopping centers, existing topographical conditions and today's market demand. The site conditions, it's location and area wide issues have lead to the plan herein submitted. A few copies of the proposed preliminary plat are also attached. I plan to immediately submit the preliminary plat in November, because of court ordered issues (from the lawsuit as previously explained). The plan being proposed by my people has R -3 and R -2 backing up against Highway #21. Proper design techniques suggest turning the buildings on end as it faces the 4 lane. This method is proposed for all the R -3 and the R -2 units except where a few of the units in the R -2 area have the back yards to the pond. The common ground of an association has usually been deemed to be more appropriate than the back yards of SF homes in areas of adjacent high traffic roads. The other areas in the site have the SF on or near the bluff. With Highway #16 (Eagle Creek Blvd.) generating less traffic, SF zoning is best here than elsewhere and the lots backing up to #16 have been made deeper to overcome traffic problems. As a developer, we see the demand and the need for senior housing in the future, especially near shopping centers. As a part of the R -3 zoning a 3 -4 story building with underground parking would be built in the 84 -120 unit size. Efficiencies of operation dictate this for management issues and for other aspects of a senior center, like transportation needs and activities for the seniors. Until we complete a market feasibility study for the senior center, the number of units best suited for the area is unknown, but the plan will fit all aspects of the R - 3 zoning when completes. My level of experience includes development projects in Chanhassen, Maple Grove, Eden Prairie, Savage, Blaine and rural acreage lots elsewhere with 25 years in real estate as my occupation. Featherstone Lake Estates in Savage was started in 1998 and 65 SF lots and 90 town homes were designed in the preliminary plat. This project incorporated 59 acres of land. Large parcels of ground give more creativity to site design than small sites and "mixed use" sites in areas like this, usually work best in the long run for the community because of the diversity. One of the primary "site condition" factors is the 200' wide Highway #21 Right of Way (2,000+ feet long) and adjacent to the north side of my land In years gone by city planners deemed it acceptable to put single family next to major highways, but todav most of the experienced metro nlannem know that industrial. commercial or multi- family is hest. in these areas along mainr highways in the long run. We all can identify with SF sites in the metro backing up to busy highways; even as recently as when South Bridge was approved, it was acceptable to think single family was okay next to a future 4 lane highway. Through shared information and increased knowledge, we have been able to expand our understanding of proper planning techniques to a much greater degree than ever before. This parcel is 80 acres in size and as a result, the design flexibility of the site can enjoy much creativity and unlike some large sites which do not allow for the ability to incorporate a senior center, this site has several unique factors which contribute well to a senior center complex within a mixed use development. In other situations, like in my 59 acre site in Savage, the layout of the land around that lake was too narrow to make a senior center work Often a large flat project like this is needed to design amenities like a senior center within a master plan or area of the city. Other design goals were achieved through much planning and redesign which has allowed us to implement desired benefits. For example, we have used the creek to separate the Single family from the senior center and R -2 land. We have located the wetlands near the trail system to enhance views and we have kept the park trail next to the creek whenever possible. With this basic layout, we have also used our ponds effectively to contribute to the lifestyle and natural beauty the residents will enjoy while living in this neighborhood Other issues play a part in the design aspects of this project. South Bridge, for example, is a mixed use development and it is logical that this land would also be rezoned to a "mixed use" being adjacent to South Bridge. Also, normal design criteria places "mixed use" land near shopping centers to increase residential concentrations. Often, as in this case, when high traffic roads are adjacent to the site, this multi- residential use is usually more appropriate. The last issue I wish to comment on is market demand. All of us in the business know that the demand for town homes is not decreasing. Lifestyle desires create a demand for town homes that appears not to end, especially for certain types of housing and after 25 years in the real estate business the trend toward town homes is constantly increasing. We all recognize this fact. Our busy lifestyles contribute to this type of demand in housing. We as developers satisfy a housing need; we cannot control the need, we only ride the "demand wave" and the demand is still there and growing for this type of lifestyle living. Another area of demand in today's marketplace is single family lots on smaller parcels, because some buyers still prefer to have that single family house but they do not want the large yard. My plan will have some of these smaller lots below the bluff to accommodate this need. This decision came at the very end after it was determined we should eliminate the twin homes from previous plans. Much thought has gone into this plan as it relates to "lifestyle demand" issues. This project, it's location, the conditions of the site, the area surrounding the site, the market demand and even construction issues, which relate to the limited amount of material available, all lead to the same outcome; a residential project under a "mixed use" format is the best master plan for this land considering all the conditions and issues involved. In my opinion, this plan has the most probable and proper mix of unit styles for future demand in the City. The highway issues, the site location and it's nearness to shopping, the housing diversity, the lifestyle issues and other related factors have lead us to create this plan as the best fit for future needs of the City. Also, if you have seen some of my projects in Savage (Featherstone Lake Estates), Eden Prairie, Maple Grove or Chanhassen you will recognize that my neighborhoods are usually a step above surrounding developments in value. The resulting appearance of properly designed developments is enjoyed by the residents and the community for generations to come. This plan is ideal considering its location, the adjacent highway, its access to shopping and most important, proper site design for the land given its conditions and issues for development. if you will investigate my previous developing activities in other communities, you will see this prevailing attitude of "upper bracket plans" in previous projects I have designed. The senior center, for example, is so obvious as a current and future need, yet its placement surrounded by single family homes is not the best design plan. The residential units next to highway 421 need to be multi - family, not single family. This combination is then best solved with the senior center next to the high density units. In summary, not matter how we look at it, if we want to properly build for the future, this plan or one very similar to it will generate the best overall desire for our needs in the future. If you have any questions, please give me a call. Sincerel , Randall R. Noecker, president Noecker Development, LLC 8315 Pleasant View Drive Mounds View, Minn. 55112 Cell 612 -741 -2662 bra '74'2_'7QA -F+ZR7 _X�l'1 B > IT City of Shakopee Memorandum TO: Julie Klima, Planner II w FROM: Scott A. Smith, Assistant City Engineer _ - SUBJECT: Reguiding and Rezoning — Proposed for Eagle Creek Stables PID No.: 27- 914001 -1, 27- 914001 -2 & 27- 914010 -0 DATE: November 25, 2002 The application indicates a desire to reguide and rezone three parcels of land currently known as Eagle Creek Stables, 7301 Eagle Creek Blvd. After reviewing the referenced application, I have the following comments for the applicant, and for the planning department: Several concerns regarding the site and future grading of this property exist. 1. Wetlands on site have not been mitigated as of today, but efforts by the applicant are attempting to address them. 2. The channel through the property will need several items addressed. These channel items include possible re- location, size, construction and easements. Preliminary talks and layouts have been presented, but to date nothing has been approved or accepted. 3. Issues with extending sanitary sewer, storm water management, street design and street locations have not been decided. Concepts have been looked at, but nothing has been finalized or approved. 4. The applicant has significant access issues with Scott County and City of Shakopee. The access issues are being worked on, but no final agreement or understanding with adjacent property owners, Scott County and the City of Shakopee have been made. A 429 project may be requested to move forward with his future plans. This will require City Council action and approval. 5. The Shakopee Public Utility Commission must approve the water system necessary to serve the proposed development. There have been discussions on the availability of water to this site, but they involve crossing the future County Road 21 corridor. At this time Scott County has not approved any water main alignment involving future County Road 21. Recommendation Recommend approval of reguiding and rezoning with the above noted concerns. J ... _— —` _- —_ —• -- —• -- -- -- COUNTY STATE ND HIGHWAY N0. 21 200 foot right E AG L E C R E E K P O NDS cunimararedt 94 1118' REZONING PLAN SHAKOPEE, MN R -2 R -3 N -_ iA� MENT 10.8 ACRES OWN SA A CRES GPM 26 A CFIB PE MJMX 81 REE I 16 6 ACS t A �\ ACS 8,8 UWS / ACRE P.R.D. 9J AVM M c STREET r ' 0.2 ACES PUBLIC 9.5&w/ I�ET - I f 101 ACME 1 I) m i � I , CPEEi Cf" r I--�- — 410 R -1B 738 40B ACFIES GFIM 62 ACMES PUBLIC STREET 343 ACS NET 21 UWM / ACME I I I o0 L C4 Lr; ■'(1 LEGAL DESCRIPTION: 1l That port of the West half of the Southeast Ouarter of Section 14, Township 115, Range 22, i lying Northerly of the North right -of -way line of County Road No. 16, excepting therefrom the West 410 feet thereof. The Southwest One- quarter of the Northeast One- quarter: the Southeast One- quarter of the GRAPHIC SCALE Northeast One- quarter excepting the Easterly Five Hundred ninety -one and seventy -five one hundredth feet thereof; all in Section Fourteen, Township One hundred Fifteen, Range Twenty -two, Scott County, Minnesota. IN FRT 1 NOTE: Area of parcel 3.460,423 Sq. Ft. (79.44 Acres) EAGLE _CREEK BOULEVARD PREPARED FOR: hereby cerfily that this pion was prepared by me or under p III �/� ��� � r 999 qq t �qp� p �p my direct supervision and that I am o duly registered pro- / p•q �r V ®EC/ 1<� E/ D ®EVE/ 091 �E / 10/11 /02 A P Sr[ PLAN fessional engineer under the lows of the State Of Minnesota. ' D i� / I r I G w.nv >R uvr owv _ FL0WEENC(NEEIAQ /NC. M oun ds 5 11 SHEET 1 0 CAR. FL View, MN 55112 9J CCX/,CroN AlfAtf N. E. Je2z� TEL. 763 786 -6387 C.W.P. ra: (.76-71 res-1043 c mar PNCS NN soar. MA' 00) lee -WO7 04TE.• 10/23/02 RM. NO. IJ 1 ! &2 v� COUNTY STATE ND H N0. 21 IGHWAY +_ 200 foot f19h;_of_.% AGLE CREEK POND (unimproved) 940 REGUIDING PLAN hNGH MN DENSITY RESIDEi ACRES « *A S HAKOPEE MED. DENSITY F AL 19 ACRES PUBLIC BTREET 10x6 ACRES C1RU86 16.8 ACf� PET 26 AGES PUBLIC MET 6S %M /ACRE ao V ACM P.R.D. o F 9.7 AC ES DROSS 0.2 ACRES PUBLIC 91 FEE I ° 9.5 ACES PET 101 UNTS / ACRE CPEEr - -- - - -,r CM : CP.EEK r h �t' N , EX S.F.� .�� ��� 515' 223' �— }- ---- - �--- 410' _ 0 -7 40.5 ACRES GROSS 62 ACHES PUBLIC S IREET 342 ACHES NET 21 UNT6 / ACRE � s I r) J � 0 c M _o x ; ' LEGAL DESCRIPTION: That. port of the West half of the Southeast Ouorter of Section 14, Township 115, Range 22, lying Northerly of the North right —of —way line of County Rood No. 16, excepting therefrom the West 410 feet thereof. GRAPHIC SCALE q The Southwest One— quarter of the Northeast One — quarter; the Southeast One —quarter o the / r Northeast One excepting the Easterly Five Hundred ninety —one and seventy —five one hundredth feet thereof; all in Section Fourteen, Township One hundred Fifteen, Range Twenty —two, Scott County, Minnesota. • „�„ . rzo a. NOTE. Area of parcel 3,460,423 q Ft. .44 Acres) 0 S (79 es EAGLE — CREEK"' B - - - PREPARED FOR: ! hereby certify th this plan was prepared by me or under A , my direct supervision and that l om o duly registered pro— /�,/O REVEL ORMEN7' 10/11/02 97r RAWAG F ' '�' fessional engineer under the lows of the State of Minnesota. / V C. AP. ran p rr usr orr 8315 Pleosent Vew Dr. SHEET 1 of 1 FL EAaA1EER/NQ INC. C.A.P. Mounds View, MN 5511 prep uzwv2w AYCM.0 H. e. 1012Va2 REG.. No. 18727 TEL. (763) 786-6J87 C.W.P. m: (mi) rW5 0t.l aAC[C MCC. rAw• ryul 7W-6007 04 X. iq. 5775 Wayzata Bou{evard, Suite 555, St. 'q1kTHW9"$J &V%4CtATIt% C01 Louis Park, MN 55416 Telephone: 952.595.9636 facsimile: 952.595.9837 plan nersCa)nacpla nni ng.corn MEMORANDUM TO: R. Michael Leek, Community Development Director FROM: Deb Garross, Consultant Planner DATE: December 3, 2002 RE: Issue Report for Eagle Creek Ponds Comprehensive Plan Amendment & Rezoning FILE: 276.01 APPLICATION The City of Shakopee has received a request from Noecker Development, LLC, to consider a Comprehensive Plan amendment and rezoning to change approximately 80 acres of land from Single Family Residential I Agricultural to Planned Residential (Medium to High Density) in order to develop a mixed-use project with medium and high density residential abutting the future County Road 21 Corridor, a senior center, park and trails and single family homes on the southern part of the site abutting County Road 16. The subject site consists of about 80 acres of land situated directly north of County Road 16 and south of the South Bridge Planned Unit Development. BACKGROUND The Land Use Plan element of the Comprehensive Plan was developed to establish priority areas for commercial/industrial development and outline the areas appropriate for various residential densities. The current Comprehensive Plan indicates that medium and high density residential areas are intended to be developed adjacent to commercial areas to provide market support and housing opportunities for the employment centers. Medium to high density residential land uses are also located adjacent to Highway 169 and serve as a buffer between the highway and single-family residential development. The southern part of the subject site is partially located in the bluff area along County Road 16. The northern part of the site borders the future County Road 21 Corridor. It is our understanding that the site is located within the rural service area and is not contiguous to the urban service area and because of this, there are issues of providing utilities to the site (i.e., the site is not contiguous to properties with sewer and water will need to be provided from the south, under the future County Road 21 Corridor). The Page 1 of 4 City Capital Improvements Program Map (2001 -2002) indicates that the section of County Road 21 connecting County Road 16 and County Road 18 is not planned until 2005. The CIP does not indicate the extension of utilities to the site during the plan period of 2001 through 2007. ISSUES The primary issue associated with the application from our perspective is that it is premature. The applicant does not control land that is contiguous to the MUSA and the delivery of utilities to the site is further complicated due to the fact that plans, other than the right -of -way corridor for County Road 21, do not exist. The subject site is not contiguous to a commercial district or other medium -high density guided land. The land use designation alone does not provide the mechanism to provide market support for commercial areas. In order to be supportive, good pedestrian and vehicular access must be provided to connect the development to the commercial sites. At this point, and for the foreseeable future (based upon the City and County CIP and transportation plans), the site is an island in the rural service area. The Maxfield Research Inc., housing market study (prepared for the Scott County Housing and Redevelopment Authority) indicates the housing demand expected for the Suburban Market Area (consisting of Shakopee, Prior Lake, Savage, Jackson and Louisville Townships) through the year 2010. For the purpose of identifying the City of Shakopee's portion of the demand, one third (1/3) of the total Suburban Market Area demand for the various types of rental and non - rental housing is outlined as follows: RENTAL HOUSING DEMAND General Occupancy Rental # Units # Units Subsidized /Affordable Need 121 Market Rate Need 283 Total General Occupancy 404 404 Senior Rental — Deep Subsidy 14 Senior Rental — Adult/Affordable 98 Senior Rental — Congregate 51 Senior Rental — Assisted Living 47 Senior Rental — Memory Care 23 Total Senior Rental 233 233 Total Rental Housing Demand 637 Page 2 of 4 FOR SALE HOUSING DEMAND Single Family # Units # Units Entry Level up to $250,000 441 Move Up $250,000 to $450,000 1,323 Executive /Estate ($450,000 +) 441 2,205 2,205 Multi Famil Entry Level up to $200,000 879 Move U ($200,000 473 Total Multi Family Demand 1,352 1,352 Total For Sale Housing Needed 3,557 The information provided from the Market Study indicates that there will be a need to provide the type of housing opportunities outlined in the application. The issue that needs to be addressed concerns where and when said housing opportunities should be provided. The current Comprehensive Plan indicates that there are large tracts of medium to high density guided land located immediately adjacent or contiguous to commercial centers along the 169 Bypass. The current Zoning Ordinance allows a range of 5 — 11 medium density and 7 — 18 high density units per acre. The existing land use map indicates approximately 370 acres of vacant land guided for medium /high density use. If an average density of 8 units per acre is assumed, there is currently a medium /high density land supply that would accommodate 2,960 units. The total multi- family demand anticipated through the year 2010 is 1,352 units. There is an abundant land supply to accommodate the multi family unit housing need expected over the next eight years. The subject site is located approximately '/4 mile westerly of the closest commercial guided property. The bulk of the County Road 21/18 commercial center is located north of the future southeasterly extension of Southbridge Parkway (which forms a barrier between residential guided lands (including the subject site) and the bulk of the commercial center. The subject site is physically separated from the closest medium density guided area by two ten acre tracts of land guided for low density residential land use. As part of the Comprehensive Plan update, it is anticipated that additional medium /high density opportunities will be provided along the Rive rfront/F i rst Avenue District to provide additional market support for the Downtown and First Avenue Commercial areas. Additionally, we anticipate that future commercial /industrial areas will be identified at the County Road 15 and 69 interchanges along the Highway 169 Bypass and areas of medium and high density will be created to support the employment centers /retail areas at these locations in Shakopee. Page 3 of 4 RECOMMENDATION The recommendation from our office is that the proposed land use amendment and rezoning are premature. Adequate areas for medium /high density residential development exist within the City in locations that are directly adjacent to commercial /industrial areas and the urban service area. Furthermore, we believe that the priority areas for designating additional medium /high density land use should be along the riverfront to provide market support for Downtown and the First Avenue commercial areas and secondly, adjacent to future commercial /industrial areas anticipated to be located at the County Road 15 and 69 interchanges with the 169 Bypass. The subject site is physically separated from the bulk of the commercial area that will develop adjacent to County Road 18. While the applicant provides good rationale for considering other land use options adjacent to the future County Road 21 Corridor, we believe that priority should be given to lands that are already within the urban service area and are located in closer proximity (with supporting road, trail and infrastructure) to commercial areas of the City. The South Bridge example cited by the applicant is a good example of the relationship desired between medium /high density and commercial land use in that the multiple family is located contiguous to the commercial site and both road and open space is provided from the development to the commercial district. Should the City determine that the application is desirable, consideration should also be given to re- guiding and rezoning the two ten acre sites located adjacent to and east of the subject site. It is important for the City to consider the market demand and that designating this site for medium /high density may be detrimental to the development of other areas that have better infrastructure, access and closer proximity to commercial centers within the community. Page 4 of 4 ab, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Peter Vickerman: Planner I -GIS SUBJECT: Amendment to the Zoning Map — Rezone property from Old Shakopee Residential (R1 -C) Zone to Central Business (B -3) Zone MEETING DATE: December 19, 2002 CASELOG NO.: 02 -117 INTRODUCTION: Scott County is requesting that the City amend its zoning map to rezone property currently zoned Old Shakopee Residential (RI -C) Zone to Central Business (B -3) Zone. The property is located north of the Scott County Government Center between Holmes St and Fuller St (Exhibit A). The Comprehensive Plan guides this area for Commercial uses. The rezoning is requested to accommodate the new Law Enforcement Center. PLANNING COMMISSION RECOMMENDATION: At its December 5, 2002, meeting, the Planning Commission took public testimony and reviewed this request. After review and discussion, a motion to recommend approval of the rezoning request was approved unanimously. Provided for your reference is a copy of the December 5, 2002 memorandum to the Planning Commission. ALTERNATIVES: 1. Approve the request to rezone property from Old Shakopee Residential (R1 -C) Zone to Central Business (B -3) Zone. 2. Deny the request to rezone property from Old Shakopee Residential (R1 -C) Zone to Central Business (B -3) Zone. 3. Table the decision and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer and approve a motion to approve Ordinance No. 650, approving the request to rezone property from Old Shakopee Residential (Rl -C) Zone to Central Business (B -3) Zone. Peter Vickerman Planner I -GIS ORDINANCE NO. 650, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND GENERALLY LOCATED NORTH OF 4 TH AVENUE, EAST OF FULLER ST AND WEST OF HOLMES ST FROM OLD SHAKOPEE RESIDENTIAL (RI -C) ZONE TO CENTRAL BUSINESS (B -3) ZONE WHEREAS, Scott County, applicant and property owner, has requested the rezoning of land from Old Shakopee Residential (RI -C) Zone to Central Business (B -3) Zone; WHEREAS, the subject property is legally described as follows: Lots 1 -5, Block 48, Old Shakopee Plat; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on December 5, 2002, at which time all persons present were given an opportunity to be heard; and 17 WHEREAS, the City Council heard the matter at its meeting of December , 2002, and found that the proposed rezoning is consistent with the Comprehensive Plan fort e area of the City within which it is located. 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 the property referenced herein, from Old Shakopee Residential (RI -C) Zone to Central Business (B -3) Zone 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 1 2002. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 2002. �ID F4 N S .. W�E Rezoning Old Shakopee Residential (R1 C) 5 to Central Business (B3). Zoning Boundary Parcel Boundary Parcel Area in Question CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Peter Vickerman: Planner I -GIS SUBJECT: Amendment to the Zoning Map rezoning property from Old Shakopee Residential (RI-C) to Central Business (B3) MEETING DATE: December 5, 2002 REVIEW PERIOD: October 17, 2002 — November 22, 2002 CASELOG NO.: 02 -117 Site Information: Applicant: Scott County Location: North of 4 th Avenue, between Holmes St. and Fuller St. Adjacent Zoning: North: Central Business (B3) South: Office Business (B2) East: Old Shakopee Residential (Rl -C) West: Old Shakopee Residential (Rl -C) Comprehensive Plan: Commercial Attachments: Exhibit A: Location Map Exhibit B: Law Enforcement Center Illustration Exhibit C: Central Business and Old Shakopee Residential Zoning Districts INTRODUCTION: Scott County has submitted an application for rezoning of property from Old Shakopee Residential (R1 -C) to Central Business (B3). The property is located north of 4 th Avenue, between Holmes St. and Fuller St. (please see Exhibit A). The properties to be rezoned are seven (7) residential lots that Scott County has purchased. Scott County wants to use this land to construct a new Law Enforcement Center on this area. The Center will house the Sheriff's Office, the Emergency Management Center and the Jail. The B3 zoning will allow the applicant to reduce setbacks to help in the creation of a skyway and/or tunnel between the proposed building and the existing building. The applicant has also proposed that a reduced setback along Fuller Street will allow a greater setback along Holmes St, which can accommodate more landscaping that will help screen the building from the adjacent residential uses. The City's Comprehensive Plan sets basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to 1 promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's comprehensive plan. The proposed rezoning is consistent with the adopted land use plan. Exhibits B and C provide a listing of the uses, both permitted and conditional, that are allowed in the Old Shakopee Residential (RI-C) and Central Business (B3) zoning districts.. Copies of the land use plans are available for viewing at City Hall and will be made available at the December 5, 2002 meeting. FINDINGS: The criteria required for the granting of a Zoning Ordinance Amendment are listed below with proposed findings for the Commission's consideration. 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 relative to the subject property. Criteria #3 That significant changes in City -wide or neighborhood development patterns have occurred; or Finding #3 Zoning of the subject property to Central Business (B3) will be consistent with desired development patterns for this area of the City. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The requested zoning is consistent with the adopted and proposed Comprehensive Plan land use map. ALTERNATIVES: 1. Recommend to the City Council the approval of the request to rezone the subject property, from Old Shakopee Residential (R1 -C) to Central Business (B3). 2. Do not recommend to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential (RI-C) to Central Business (B3). 3. Continue the public hearing and request additional information from the applicant or staff. 4. Close the public hearing, but table the matter and request additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1, recommend to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential (RI -C) to Central Business (B3). ACTION REQUESTED: Offer and approve a motion to recommend to the City Council the approval of the request to rezone the subject property from Old Shakopee Residential (R1 -C) to Central Business (B3) Peter Vickerman Planner I -GIS 2 jy.�-r CITY OF SHAKOPEE Memorandum CASE LOG NO.: 02 -103 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment to City Code Section 11.61 MEETING DATE: November 6, 2002 INTRODUCTION: Staff had proposed an amendment to clarify City Code Section 11.6 1, which regulates the parking of recreational vehicles. On November 6 the Council directed staff to prepare a further revision that would accommodate the parking of smaller trailers and boats on residential property that would not require surfacing of the parking/storage area. The revised draft ordinance is offered for Council's consideration. Staff acknowledges that the stated size limitation is somewhat arbitrary, but it was arrived at by keeping in mind the relative small size of lots particularly in the older areas of the City, and the potential visual impact of storing larger trailers and/or boats. Staff also proposes that the same setbacks apply, with the thought being that it is best to keep these areas, which are often easement areas as well, clear of vehicles Staff is open to other direction from Council on these and other issues that may be posed by the draft ordinance. ALTERNATIVES: 1. Approve Ordinance No. 644, approving the text amendment as presented. 2. Approve Ordinance No. 644, approving the text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the original draft of the proposed amendment at its October 3, 2002, meeting. The Commission had unanimously recommended approval of the proposed amendment as presented. ACTION REQUESTED: Offer and pass a motion to approve Ordinance No. 644, amending City Code Sec. 11.61 as presented or with further revisions. R. Michael Leek Community Development Director 1 G: \CC\2002 \12- 17 \TARV parking.doc ORDINANCE NO. 644, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.61 PARKING THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.61, is hereby amended by adding the language which is underlined and deleting the language which is stpaekgy�eugh. Sectio (. 3, Subd. 2.G.4. Recreational Vehicles. In a residential zone, one (1) of the exterior driveway parking spaces for a dwelling or a properly surfaced parking area meeting_ parking requirements for the zone may be used for parking or storing an unoccupied recreational vehicle that is either defined as a recreational vehicle (RV) under state law or which is a camper and that is less than thirty-five (35) feet in length If parked in a location other than the driveway within a single family residential zone, RVs and campers shall be setback 5 feet from an interior side or rear lot line 15 feet from a street side lot line. RVs and campers shall not be parked in the front yard unless they utilize an exterior driveway parking space. No living quarters shall be maintained nor any business practiced in the recreational vehicle while it is so parked or stored. The recreational vehicle and shall utilize only the existing driveway into the site. The vehicle shall be owned or leased by the property owner on which the vehicle is parked Utility trailers trailers for recreational vehicles such as snowmobiles and all- terrain vehicles (ATVs), and boats 20 feet or less in length may be stored in a rear or side yard on lawn or turf or other surface, but should be setback 5 feet from an interior side or rear lot line. 15 feet from a street side lot line. A r°e -feat oral vehiele camper or RV brought by a visitor may be parked or occupied for a period not to exceed thirty (30) days while visiting the resident of the property. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2002. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2002. 2 GACC\2002 \12- 17 \TARV parking.doc NA ORDINANCE NO. 648, FOURTH SERIES Rm'�Itj AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.61 PARKING THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.6 1, is hereby amended by adding the language which is underlined and deleting the language which is °+..1464 reu Section 11.83, Subd. 2.G.4. Recreational Vehicles. In a residential zone, one (1) of the exterior driveway parking spaces for a dwelling or a properly surfaced parking area meeting parking requirements for the zone may be used for parking or storing an unoccupied recreational vehicle that is either defined as a recreational vehicle (RV) under state law or which is a camper and that is less than thirty - five (35) feet in length If parked in a location other than the driveway within a single family residential zone, RVs and campers shall be setback 5 feet from an interior side or rear lot line, 15 feet from a street side lot line. RVs and campers shall not be parked in the front yard unless they utilize an exterior driveway parking space. No living quarters shall be maintained nor any business practiced in the recreational vehicle while it is so parked or stored. The recreational vehicle ' ?1 GGMP 3' _ ^th all par ing °a building '- 'wild SOtb Gks fo -ry a -- a - -- and shall utilize only the existing driveway into the site. The vehicle shall be owned or leased by the property owner on which the vehicle is parked Utility trailers, trailers for recreational vehicles such as snowmobiles and all- terrain vehicles (ATVs), and boats 20 feet or less in length may be stored in a rear or side yard on lawn or turf or other surface, but should be setback 5 feet from an interior side or rear lot line, 15 feet from a street side lot line. A r° 11al vel.ic?e camper or RV brought by a visitor may be parked or occupied for a period not to exceed thirty (30) days while visiting the resident of the property. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of 5 2002. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2002. CONSENT CITY OF SHAKOPEE Memorandum CASE LOG NO.: TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Setting of Public Hearing on Petition by Marystown LLC for Annexation of Certain Lands in Jackson Township located in the Southeast Quadrant of the Intersection of STH 169 and Marytowns Road/CSAH 15 MEETING DATE: December 17, 2002 APPLICATION DATE: Petition Dated July 31, 2002 and August 5, 2002 Introduction: Council is asked to set a public hearing for February 4, 2003 on the above -named petition. The request will be brought to the City's Planning Commission for review and recommendation in January of 2003. A copy of the petition is attached for the Council's information. Action Requested: Offer and pass Resolution No. 5833, setting a public hearing for February 4, 2003 on the subject petition for annexation. R. Michael Leek Community Development Director gAcc\2002 \cc01 I Mannexation.doc KRC- 181262v1 SH155 -89 CONSENT RESOLUTION NO. 5833 A RESOLUTION OF THE CITY OF SHAKOPEE SETTING A PUBLIC HEARING TO CONSIDER A PETITION TO ANNEX APPROXIMATELY XXX ACRES OF LAND CONTIGUOUS TO THE CITY GENERALLY LOCATED IN THE SOUTHEAST QUADRANT OF THE INTERSECTION OF STH 169 AND MARYSTOWN ROAD /CSAH 15 WHEREAS, the City of Shakopee has received a petition dated July 31 and August 5, 2002 for the annexation of certain lands described above; and WHEREAS, the City of Shakopee and Jackson Township have adopted an Orderly Annexation Agreement (OAA), which, along with Minn. Stat. 433.033 set forth the process for annexation of properties by ordinance; and WHEREAS, a public hearing with at least 30 days notice to the affected township is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that a public hearing on the subject petition will be held before the Shakopee City Council on Tuesday, February 4, 2003. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the 17 Day of December 2002. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk KRC- 181262v1 SH155 -89 Dec 11 02 11:54a ELLIOTTJSIMPSONJBLRNCHRR 9528310722 p•1 ELLIOTT LAW OFFICES, P.A. Attorneys at Law ` 304 York Business Center 3209 West 76th Street Edina, Minnesota 55435 Telephone: (952) 831 -2400 Fax: (952) 831 -0722 Lisa M. Elliott , OfCo=rJ. Patrick R Elliott a Jon W. Blanchar i Also Admitted in Colorado and South Dakota z Also Admitted in Wisconsin and Arizona Date: [ Z t ud- TO: (� f e FAX NO.: `� h 33 t ���1 Cu- . L � �--_ � 7q FROM: iJu �J(Cifvt(. Number of pages (including cover sheet): 4� MESSAGE: The information contained in this facsimile transmission is intended only for the use of the individual or entity- named above, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original facsimile message to us at the above address via the US, Postal Service. IF YOU DID NOT RECEIVE ALL OF THE PAGES IN GOOD CONDITION,. PLEASE INFORM THE ABOVE -NAMED INDIVIDUAL EM' WDIATELY. Dec 11 02 11:54a ELLIOTTJSIMPSONJBLRNCHRR 9528310722 p.2 MA,RYSTOWN, LLC 304 York Business Center 3209 West 76" Street Edina, Minnesota 55435 Telephone: (952) 831 -2400 Fax: (952) 831 -0722 May 6, 2002 City Council City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Re: Petition for Annexation Dear Honorable Council Members: Please be advised that Marystown LLC, will submit a petition for orderly annexation under MINN. STAT. Sec. 414.033, subd. 2 (3). The property which we proposed to have annexed to the city is the Cozine property which we have purchased by contract for warranty deed from them and the property purchased from the State of Minnesota as excess right of way property. This property lies east of Marystown Road and south of Highway 169 right of way. I have attached a copy of the legal description for your review. The purpose of this letter is to give you notice of our intention to bring a petition for annexation before the council, a copy of which is attached hereto. Thank you very much for your attention to this matter. inch , V • � J am_ Jon W. Blanchar Member of LLC JWB:jms Dec 11 02 11:54a ELLIOTT /SIMPSON /HLRNCHRR 9528310722 p.3 PETITION FOR ANNEXATION PURSUANT TO MINN. STAT. § 414.033, SUBD. 2(3) TO COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: We, the undersigned, being all the property owners of the land described below, hereby request the City Council to annex the land to the City and to extend the City boundaries to include the land and for that purpose respectfully state: 1. The land abuts the south boundary of the City, is 60 acres or less, and is legally described on the attached Exhibit "A' (hereinafter "Subject Property"). 2. The Subject Property is not presently served by public sanitary sewer and water facilities and public sewer and water facilities are not otherwise available. 3. All of the Subject Property is or is about to become urban or suburban in character; and none of the Subject Property is presently included within the corporate limits of any incorporated city. 4. The petition is made pursuant to Minn.Stat. 414.033, Subdivision 2 (3). 5. The undersigned certify that they constitute all of the owners of the Subject Property. OWNERS: Dated: - L-- L LC Dated: C � Dated: Dec 11 02 11:55a ELLIOTT /SIMPSON /BLRNCHRR 9528310722 p.4 °+•• -. +� . •. . • - t t ,u+ OVnIMI l 11Lt UnftH iILH t AX NU. 5123684153 P. 11 /1 i EXHIBIT +A" T?i6 Sough JaWren (7) reds of the Northwest Quarter- of the Northwest Quarter of Sete ion 13. Township 115N, Range 23W Scott county, Minnesota, h'.[C>;I�TLNG thcreProm the East twelve (12) feet thereof, ALgo that Part of the Southwc8e Quar r te of eha Northwest Quarter described as fallowe Beginning Northeast corner of the said SW 1/4 of t)ie NW at the thence ginning tr, the North line chareor to the Northwe -t corner thereof; theses Southe,=ly along th6 WrsaL 11ne thereof a distance of 20'7.26 fast; thence Easterly nt right angles a distance of 350.0 feet; thonca Souch-rly at right angles a diacancc of 350.0 ; thence Easterly' at "9 aligl'es to the East line o! maid sw x/� of cbG 24W 1/4 feat ; thence Northerly to the auoiat of bcglnnis�g, taX cr G -L-4 rem c ?se t he i bM1 described ; H / 4; thence W eSter o ogi the N ae the i0orthea5C Corner of the SW 1/4 of lse tVSJ 1 thence the North line thereof a distance of twelve (121 ieot; t1�ai�ce South©rly to a point on the South line of Lhb above 8oscribed tract dial eixteeri (lG) reet Fleet of the SOUth corner thereof; thence Easterly on said South line a distance or sixteen (lg) feet to the Southeast corner; thence Northerly an the Ext lime to the b7orchea�t zaCir of Said tract and there tnraninatIng. coi Record_; of Scott coua7ty, Minnevor Abstract Propez-ty_ Dec 11 02 11:55a ELLIOTT /SIMPSON /HLANCHRR 9528310722 P•5 1 sV April 13, 2000 7005046 DESCRIPTION FOR RECONVEYANCE Parcel 46 C.S. 7005 (101 -187) 901 All of Tract A described below: Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 13, Township 115 North, Range 23 West, Scott County, Minnesota, described as follows: Beginning at Right of Way Boundary Corner 827 as shown on Minnesota Department of Transportation Right of Way Plat Numbered 70 -2 as the same is on file and of record in the office of the County Recorder in and for said county; thence soutl• e' rly on an azimuth of 179 degrees 05 minutes 21 seconds along the boundary of said Plat No. 70 -2 for 702.84 feet to Right of Way Boundary Corner B28; thence on an azimuth of 273 degrees 02 minutes 06 seconds along the boundary of said plat for 1259.46 feet; thence northerly for 163.12 feet on a non - tangential curve, concave to the east, having a radius of 2764.80 feet, a delta angle of 03 degrees 22 minutes 49 seconds and a chord azimuth of 04 degrees 15 minutes 44 seconds; thence on tangent to said curve on an azimuth of 05 degrees 57 minutes 09 seconds for 114.91 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 526.36 feet to a point hereinafter referred to as Point "A "; thence on an azimuth of 59 degrees 22 minutes 42 seconds for 812.22 feet to the point, of beginning; excepting therefrom that part contained within the following described tract: Beginning at a point on the west fine of said Section 13, distant 685.6 feet south of the northwest corner thereof; thence run south along said west section line for 320 feet; thence east at right angles to said west line for 207.65 feet; thence north at right angles for 320 feet; thence west at right angles for 207.65 feet to the point of beginning; containing 10.92 acres, more or less; Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway No. 169 or to County State Aid Highway No. 15 from the lands herein conveyed; Dec 11 02 11:55a ELLIOTT /SIMPSON /BLRNCHRR 9528310722 p.6 s Parcel 46 - continued (2) April 13, 2000 7005046 The State of Minnesota reserves a drainage easement in perpetuity over that part of the lands herein conveyed described as follows: Beginning at Point °A" as set forth above; thence northeasterly on an azimuth of 59 degrees 22 minutes 42 seconds along the northerly line of Tract A hereinbefore described for 103.84 feet; thence on an azimuth of 193 degrees 04 minutes 26 seconds for 170.76 feet; thence on an azimuth of 166 degrees 30 minutes 30 seconds for 111.80 feet; thence on an azimuth of 283 degrees 04 minutes 24 seconds for 90.00 feet; thence on an azimuth of 351 degrees 16 minutes 22 seconds for 107:70 feet; thence on an azimuth of 13 degrees 04 minutes 26 seconds for 98.41 feet; thence on an azimuth of 95 degrees 57 minutes 10 seconds for 4.96 feet to the point of beginning; containing 0.44 acre, more or less. ier in r R1 R1 AG ti STH 169 N SHAKOPEE CAM &T,I=FMESPTCE IOV S Marystown L.L.C. Annexation Q Zoning Boundary r---7 Parcel Boundary Parcel Area in Question 15,(�, CITY OF SHAKOPEE C Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Scott A. Smith, Assistant City Engineer SUBJECT: Establishing Municipal State Aid Street, 4 Avenue, from CSAH 17 (Marschall Road) to Holmes Street; 6 Avenue, from Holmes Street to Adams Street DATE: December 17, 2002 INTRODUCTION: Attached is Resolution No. 5832, asking to establish a Municipal State Aid Street along 4 Avenue, from CSAH 17 (Marschall Road) to Holmes Street; and 6 Avenue, from Holmes Street to Adams Street. BACKGROUND: On October 21, 1997, Scott County's Board of Commissioners adopted resolution No. 97120 revoking CSAH 16 along 4 Avenue, from CSAH 17 (Marschall Road) to Fuller Street; and Fuller Street, from 4 Avenue to 6 Avenue; and 6 Avenue, from Fuller Street to the east end of Old TH 300 at Adams Street. In 1998 these segments were turned back to the City of Shakopee. The revocation and turning back of the above segments of roadway by the county is important and necessary to establish the following streets as part of our State Aid Street System with in the City of Shakopee: 1. 4 Avenue, from CSAH 17 (Marschall Road) to Holmes Street; 2. 6 Avenue, from Holmes Street to Adams Street; It is important to note that after placing these segments of roadway on the State Aid System, we are then eligible to collect additional state aid funds due to being county state aid road turnbacks. These funds are in addition to our normal State Aid monies. ALTERNATIVES: 1. Adopt Resolution No. 5832, establishing a Municipal State Aid Street along 4 Avenue, from CSAH 17 (Marschall Road) to Holmes Street; and 6 Avenue, from Holmes Street to Adams Street. 2. Deny Resolution No. 5832. This action will deny the allocation of additional funds for the desired State Aid Street alignment. 3. Table Resolution No. 5832, to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 5832, establishing a Municipal State Aid Street along 4 th Avenue, from CSAH 17 (Marschall Road) to Holmes Street; and 6 th Avenue, from Holmes Street to Adams Street. ACTION REQUESTED: Offer Resolution No. 5832, A Resolution Establishing a Municipal State Aid Street Along 4 th Avenue, from CSAH 17 (Marschall Road) to Holmes Street; and 6 th Avenue, from Holmes Street to Adams Street and move its adoption. Scott A. Smith Assistant City Engineer SAM /pmp MEM5832 BOhr2D OF COUNTY COMMISSIOrvcRS SCOTT COUNTY, MINNESOTA Date October 21, 1997 Resolution No. 97120 Motion by Commissioner Mackie Seconded by Commissioner Bohnsack RESOLUTION NO. 97120; REVOKING THE FOLLOWING COUNTY STATE AID HIGHWAYS, OR PORTIONS THEREOF,: 7, 15, 16, 18, 27, 29, 33, 39, 56, 80, 103, 106, . AND DESIGNATING TIM FOLLOWING COUNTY STATE AID HIGHWAYS, OR PORTIONS THEREOF,: 2, 5, 15, 18, 21, 27, 42, 59, 68, 78, 82, 83, 86, 91 AND RENUMBERING COUNTY STATE AID HIGHWAYS NO. 22 AND NO. 24 TO NO. 86; RENUMBERING COUNTY STATE AID HIGHWAY NO. 101 TO 15; RENUMBERING REDWING AVENUE /TRAIL FROM TH 13/19 TO COUNTY STATE AID HIGHWAY NO. 8 TO COUNTY ROAD NO. 89 WHEREAS, the Scott County Highway Department has requested changes in the County State Aid Highway System, and; WHEREAS, the County State Aid Highway Screening Board has approved the following changes; NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners in and for the County of Scott, Minnesota, requests the Commissioner of the Department of Transportation to make the following changes to the Scott County State Aid Highway System: REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 7 Beginning at a point at the junction of South Street East (County State Aid Highway No. 7) and Laredo Avenue, on or near the south line of Section 6, Township 113 North, Range 24 West; thence westerly along South Street East to Ash Street South; thence northerly along Ash Street South to Main Street East (County State Aid Highway No. 6), also the east -west quarter line of said Section 6, all in the City of Belle Plaine, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 15 Beginning at a point on or near the southeast corner of Section 35, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13/19; thence northerly on or near the west section lines of Sections 36, 25, 24, 13, 12, and 1, of said township and range, to a point in the southwest quarter of the southwest quarter of said Section 1; thence northerly through the west half of the west half of said Section 1 to a point on the north line of said Section 1, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. Resolution No. 97120 Page 2 of 7 REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 16 Beginning at the terminus of Trunk Highway No. 300 in the southwest quarter of Section 1, Township 115 North, Range 23 West, at or near the junction of Sixth Street West and Webster Street South; thence northeasterly along West Sixth Street to Fuller Street; thence northerly on Fuller Street to Fourth Street; thence easterly on East Fourth Street to County State Aid Highway No. 17 (Marschall Road), all in the City of Shakopee, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 18 Beginning at a point on the West Section Line, at or near the west quarter corner of Section 6, Township 115 North, Range 21 West, thence northeasterly through the north half of said Section 6 to the north corporate limits of the City of Savage, all in the City of Savage, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 27 Beginning at a point on Allen Boulevard South, at or near the junction of Louisiana Avenue, in the northwest quarter of Section 32, Township 115, Range 21 West; thence northerly and northeasterly through Sections 32, 29 and 20 of Township 115 North, Range 21 West, to a point at the junction of 138th St., all in the City of Savage, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 29 Beginning at a point at the junction of 230th Street East and Natchez Avenue (County State Aid Highway No. 91), on or near the southwest corner of Section 3, Township 113 North, Range 21 West; thence easterly along the south section line of said Section 3 to a point on or near the south quarter corner of said Section 3; thence northeasterly through the southeast quarter of said Section 3 and the southwest quarter of Section 2, Township 113 North, Range 21 West, to a point near the center of said Section 2, also the junction of Penn Avenue and 225th Street East; thence easterly on or near the east -west quarter line of said Section 2 and Section 1 of said township and range to a point on or near the east quarter corner of said Section 1, Township 113 North, Range " 21 West, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 33 Beginning at a point at the junction of 260th Street East (County State Aid Highway No. 2) and France Avenue, on or near the north quarter corner of Section 27, Township 113 North, Range 21 West; thence southerly along France Avenue, on or near the north -south quarter line of said Section 27, to Main Street; thence easterly along Main Street to Beard Avenue in the southeast quarter of said Section 27, all in the City of Elko, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 39 Beginning at a point at the north junction of Trunk Highway No. 13 and Franklin Trail (County State Aid Highway Franklin Trail to a point No. 39) in Section 36, Township 115 North, Range 22 West; thence southerly and westerly along at the south junction of Trunk Highway No. 13 and Franklin Trail in Section 2, Township 114 North, Range 22 West, all in the City of Prior Lake, and there terminating. Resolution No. 97120 Page 3 of 7 REVOCATION OF COUNTY STATE AID HIGHWAY NO. 56 Beginning at a point on the centerline of Trunk Highway No. 13 in Section 18, Township 113 North, Range 22 West; thence northeasterly along in -place roadway to a point on the centerline of old Trunk Highway No. 13, said point located approximately 285 feet west of the west quarter corner of Section 17, Township 113 North, Range 22 West; thence easterly and southerly to a point about 33 feet east of the southeast corner of the southwest quarter of the southeast quarter of Section 17; thence easterly along or near the south section lines of Sections 17, 16 and 15 to the junction with County State Aid Highway No. 23 (Panama Avenue), at or near the southeast corner of Section 15, Township 113 North, Range 22 West, and there terminating. (Formerly designated a portion of County State Aid Highway No. 2). REVOCATION OF COUNTY STATE AID HIGHWAY NO. 80 Beginning at a point on County State Aid Highway No. 46, on or near the south line of Section 13, Township 113 North, Range 21 West; thence easterly on or near the south line of said Section 13 to the southwest corner of said Section 13, and there terminating. - REVOCATION OF COUNTY STATE AID HIGHWAY NO. 103 Beginning at a point at the junction of Water Street and Trunk Highway No. 21, Section 19, Township 114 North, Range 23 West; thence northwesterly along Water Street to Varner Street; thence northerly along Varner Street to Sixth Street; thence westerly along Sixth Street to Syndicate Street; thence northerly along Syndicate Street to Trunk Highway No. 169, all in the City of Jordan, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 106 Beginning at a point at the junction of Trunk Highway No. 13 and Princeton Avenue (County State Aid Highway No. 106); thence southerly along Princeton to 123rd Street; thence easterly along 123rd Street to Lynn Avenue, in Section 31, Township 27 North, Range 24 West, all in the City of Savage, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO.2 Beginning on or near the southwest corner of Section 20, Township 113 North, Range 23 West, also a point on County State Aid Highway No. 11; thence easterly along 260th Street West, the south section lines of Sections 20, 21, 22, 23, and 24, of said township and range; thence continuing easterly along 260th Street East, the south section lines of Sections 19, 20, 21, and 22 of Township 113 North, Range 22 West to a point at the junction of County State Aid Highway No. 23, (Panama Avenue), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 5 Beginning at a point at the junction of South Street East (County State Aid Highway No. 7) and Laredo Avenue (County State Aid Highway No. 5), on or near the south section line of Section 6, Township 113 North, Range 24 West; thence northerly along Laredo Avenue to a point on Main Street (County State Aid Highway No. 6), a point on or near the east -west quarter line, all in the City of Belle Plaine, and there terminating. Resolution No. 97120 Page 4 of 7 DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 15 Beginning at a point on or near the center of Section 34, Township 113 North, Range 23 West, also a point at the junction of County state Aid Highway No. 37 (Seventh Street North), in the City of New Prague; thence northerly to a point on or near the north line of said section 34; thence easterly on or near the north section lines of said Section 34 and Section 35 of the said township and range, to a point in the southwest quarter of Section 26; thence northerly through Sections 23, 14, 11, and 2, of Township 113 North, Range 23 West, to a point on the west line of said Section 2; thence northerly on or near the west line of said Section 2, to a point on or near the northwest corner of said Section 2, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. (Formerly known as County Road No. 67). AND Beginning at a point at the junction of County State Aid Highway No. 10 and Harlow Avenue (County State Aid Highway No. 15) in the southeast quarter of Section 22, Township 114 North, Range 23 West; thence northerly to the east quarter corner of said Section 22, thence easterly on or near the east -west quarter line of Section 23 of said township and range to a point on or near the center of said Section 23; thence northerly on or near the north -south quarter line of said Section 23 and Section 14 of said township and range, to a point on or near the center of said Section 14, also a point on Trunk Highway No. 282 (Country Trail West), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 18 Beginning at a point on Eagle Creek Boulevard (County State Aid Highway No. 16), in Section 13, Township 115 North, Range 21 West; thence northerly through Sections 13 and 12 of said township and range to a point of at the junction of Trunk Highway No. 169 and County State Aid Highway No. 18, in the northwest quarter of said Section 12, all in the City of Shakopee, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 21 Beginning at a point on County State Aid Highway No. 42 (140th Street Northeast), at or near the southeast corner of Section 22, Township 115 North, Range 22 West; thence northerly on or near the east line of Sections 22 and 15 of said township and range to a point on Eagle Creek Boulevard (County State Aid Highway No. 16); thence northeasterly through Sections 14 and 13 of said township and range to a point on County State Aid Highway No. 18 (New County Highway No. 18), in the northwest quarter of said Section 13, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 27 Beginning at a point at the junction of Dakota Avenue (County State Aid Highway No. 27) and 138th Street, on or near the east line of Section 20, Township 115 North, Range 21 West; thence southerly to a point on the East line of Section 29, Township 115, Range 21 West; thence southwesterly to a point on Allen Boulevard South, in the northwest quarter of Section 32, Township 115, Range 21 West, all in the City of Savage, and there terminating. Resolution No. 97120 Page 5 of 7 DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 42 Beginning at a point at the junction of Marschall Road (County State Aid Highway No. 17) and 29th Avenue in the City of Shakopee, on or near the south line of Section 19, Township 115 North, Range 22 West; thence easterly on or near the south section lines of Sections 19, 20, 21, and 22 of said township and range to a point at the junction of McKenna Road and 140th Street (County State Aid Highway No. 42), in the City of Prior Lake, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 59 Beginning at a point at the junction of Delaware Avenue and Union Hill Boulevard (County State Aid Highway No. 7), in the south half of Section 14, Township 113 North, Range 24 West; thence northerly along Delaware Avenue, also on or near the north -south quarter lines of Sections 14, 11 and 2, of Township 113 North, Range 24 West, and Sections 35 and 26, of Township 114 North, Range 24 West, to a point on Trunk Highway 169 in said Section 26, Township 114 -North, Range 24 West, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 68 Beginning on or near the southwest corner of Section 14, Township 114 North, Range 22 West, also a point on County State Aid Highway No. 23 (Panama Avenue); thence easterly along 190th Street East, the south section lines of Sections 14 and 13, Township 114 North, Range 22 West, and Section 18, Township 114 North, Range 21 West, to a point at the junction of County State Aid Highway No. 27 (Texas Avenue), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 78 Beginning at a point at the junction of Trunk Highways 41 and 169 in the southwest quarter of Section 15, Township 115 North, Range 23 West; thence southeasterly through the south half of said Section 15, thence easterly on or near the south section lines of Sections 14 and 13 of said township and range; and Section 18, Township 115 North, Range 22 West, to a point at the junction of County State Aid Highway No. 17 ( Marschall Road), in the southeast quarter of said Section 18, in the City of Shakopee, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO, 82 Beginning at a point at the junction of County State Aid Highway No. 17 ( Marschall Road) and Howard Lake Road, in Section 32, Township 115 North, Range 22 West; thence easterly through Sections 32, 33, and 34 of said township and range, to a point at the junction of County State Aid Highway No. 21 (Eagle Creek Avenue) and 154th Street, on or near the east section line of said Section 34, all in the City of Prior Lake, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 83 Beginning at a point at the junction of Mystic Lake Drive Northwest (County State Aid Highway No. 83) and 154th Street (County State Aid Highway No. 82) in the City of Prior Lake, in Section 33, Township 114 North, Range 22 West; thence northerly along Mystic Lake Drive and Canterbury Road South, through Sections 33, 28, 21, 16, 9, and 4 of said township and range to a point at the junction of County State Aid Highway No. 101 (formerly Trunk Highway No. 10 1) in the City of Shakopee, and there terminating. Resolution No. 97120 Page 6 of 7 DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 86 Beginning at a point at the junction of 280th Street East and County State Aid Highway No. 3 (Rice County), on or near the southeast corner of Section 32, Township 113 North, Range 21 West (south county line); thence easterly along 280th Street East, on or near the south section lines of Sections 31, 32, 33, 34, 35, and 36, Township 113 North, Range 21 West, except that portion in Sections 3 and 2, Township 112 North, Range 21 West, to a point at the junction of 280th Street East and County State Aid Highway No. 46 (Pillsbury Avenue), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 91 Beginning at a point at the junction of County State Aid Highway No. 2 (260th Street East) and Natchez Avenue in the cities of New Market and Elko; thence southerly on or near the east section lines of Section 28 and 33, Township 113 North, Range 21 West, to a point at the junction of 280th Street (CSAH 86) on the south section line of said Section 33, and there terminating. AND Beginning at the junction of 230th Street East and Natchez Avenue, at or near the southeast corner of Section 4, Township 113 North, Range 21 West; thence northerly along Natchez Avenue to 221 st Street East; thence westerly along 221 st Street East to Vernon Avenue; thence northerly along Vernon Avenue to a point at the junction of County State Aid Highway No. 68 (Credit River Blvd.)and Vernon Avenue, near the east quarter corner of Section 21, Township 114 North, Range 21 West, thence northerly along Natchez Avenue to a point at the junction of 185th Street (CSAH 21), near the east quarter corner of Section 16, Township 114 North, Range 21 West, and there terminating. RENUMBERING OF COUNTY STATE AID HIGHWAYS NO. 22 AND NO. 24 TO 86 Beginning at a point at the junction of Trunk Highway 19 and 280th Street East (County State Aid Highway No. 22), a point on the south section line of Section 34, Township 113 North, Range 22 West, thence east along the south section lines of said Section 34 and Sections 35 and 36 of said Township and Range and the south section line of Section 31, Township 113 North, Range 21 West to a point at the junction of 280th Street East and Rice County Highway No. 3 and there terminating. AND Beginning at a point at the junction of Pillsbury Avenue (County State Aid Highway No. 46) and 280th Street East, a point on the south section line of Section 36, Township 113 North, Range 21 West, thence east along the south section line to the southeast corner of said section and there terminating. RENUMBERING OF COUNTY STATE AID HIGHWAY NO. 101 TO 15 Resolution No. 97120 Page 7 of 7 Beginning on or near the south quarter corner of Section 34, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13, thence northerly to the junction of County State Aid Highway No. 37 (Seventh Street Northeast) and Columbus Avenue North, also the center of said Section 24, all in the City of New Prague, and there terminating. RENUMBERING REDWING AVENUE /TRAII, FROM TH 13/19 TO COUNTY STATE AID HIGHWAY NO. 8 TO COUNTY ROAD NO. 89 Beginning on or near the southeast corner of Section 35, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13/19; thence northerly on or near the west section lines of Sections 36, 25, 24, 13, 12, and 1, of said township and range, to a point in the southwest quarter of the southwest quarter of said Section 1; thence northerly through the west half of the west half of said Section 1 to a point on the north line of said Section 1, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. YES NO Malz x Malz Bohnsack x Bohnsack Bannerman ABSENT Bannerman Marschall x Marschall Mackie x Mackie State of Minnesota) County of Scott) I, David J. Unmacht, duly appointed, qualified and County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their session held on the 21 s t day of Dc tobe r , 1997, now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota, this 21st day of October , 1997, Y Ik County Administrator By Administrator's Designee jf -w: \w. o rd,res \97120. doc UNAPPROVED PAGE 1 BOARD OF COMMISSIONERS COUNTY OF SCOTT SPECIAL SESSION OCTOBER 21, 1997 (1). The Board of Commissioners, in and for the County of Scott, Minnesota, met in Special Session in the Courthouse Board Room in the City of Shakopee, Minnesota, and convened at 9:02 a.m., with the following members present: Commissioner Malz, presiding, Commissioner Mackie, Commissioner Bohnsack, and Commissioner Marschall. Commissioner Bannerman was absent. (2). County Staff Present. A. David J. Unmacht, County Administrator B. Thomas J. Harbinson, County Attorney C. Sheriff Bill Nevin D. Brad Larson, Associate Administrator, Public Works E. Maila Hedin, Associate Administrator, Community Services F. Chuck Dustrud, Public Services Manager G. Jane Hansen, Assistant to the County Administrator H. Tracy A. Cervenka, Recording Secretary (3). Guests Present: A. R. O. Sweeney, Shakopee City Council B. Burl Zorn, Shakopee City Council C. Daune Stinson, Shakopee Valley News D. Terry Loftus, Credit River Township E. Margaret Loftus, Credit River Township (4). Minutes: A. On a motion by Commissioner Mackie, seconded by Commissioner Bohnsack, the Minutes of October 14, 1997, were approved, with Commissioner Marschall abstaining. (5). Recognition of Interested Citizens: A. Terry Loftus of Credit River Township advised the Commissioners that a group has been formed opposing the construction of an amphitheater at Cleary Lake Park, and that the telephone numbers of the Commissioners are being distributed for citizens to call. Commissioner Bohnsack noted that he has received a number of calls on this issue, and stated that at some point he would like to visit with a group of citizens to discuss the issue. Chair Malz advised that County Administrator Dave Unmacht will be developing a timeline of the process. Commissioner Marschall advised that she too has received a number of calls. She noted that the City of Prior Lake has indicated that they would like to hold a town meeting regarding the amphitheater proposal. UNAPPROVED PAGE 2 October 21, 1997 B. Shakopee City Council member Robert Sweeney advised the Commissioners that Shakopee City Administrator Mark McNeill has sent a letter to Mr. Unmacht regarding the possibility of the City imposing a resident only parking designation on Fifth Avenue. He noted his concern that if residential only parking would be approved, ten more blocks of residents will be requesting the same. County Attorney Tom Harbinson asked Mr. Sweeney if the City Council has asked for an attorney's opinion on the requirement of employees to park in a certain place. Mr. Sweeney responded that such an opinion has not been requested, but he has been told that employee parking cannot be directed. Mr. Harbinson suggested that an attorney's opinion may help the City Council's discussions on this issue. Mr. Sweeney voiced his feelings that the County employees need to recognize that there is a problem, to which they can contribute to the solution. Chair Malz assured Councilor Sweeney that the County Board will rekindle efforts to encourage employees to park in the lot and other facilities provided. (6). Consent Agenda: A. On the recommendation of the County Administrator, Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the payroll processing of personnel actions indicated below and hereby certified by the Personnel Director and the Appointing Authority to be in compliance with provisions of Minnesota Statutes 375.56 - 375.71 and the Scott County Merit Personnel System: 1. Employee Relations Committee Approvals From 10- 10 -97: a. PTTE (FTE 50 %) employment of Mark Wilde, Unclassified DAC Intern, Community Services, effective 10 -14 -97 to 04- 14 -98. b. Approval to hire a new 1998 budgeted position for a full -time Employment and Training Technician, Community Services, as soon as possible. 2. Separation of Angela Johnson, FTPE Senior Property Appraiser, Finance Division, effective 10- 31 -97. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. B. Commissioner Mackie moved, seconded by Commissioner Marschall, to approve participation in the Juvenile Detention Services Subsidy Program. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. C. Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the applications of Randal D. Odette d /b /a Doherty's Tavern in Spring Lake Township, and Dale R. Stender d /b /a Oakdale Ridge Hunt Club in Belle Plaine Township, to sell non - intoxicating malt liquor at retail during 1998. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. D. Commissioner Mackie moved, seconded by Commissioner Marschall, to approve Amendment No. 6 to the Agreement with Larkin, Hoffman, Daly & Lindgren, Ltd., to provide additional professional services for the acquisition of governmental agency permits along County State Aid Highway No. 27 between County State Aid Highway 16 and Trunk Highway 13 in the City of Savage. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. E. On the recommendation of the Jackson Town Board and the Planning Commission, Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the request to reopen Conditional Use Permit ( #938 -C -6) of Paul Doepke to allow existing structures to be UNAPPROVED PAGE 3 October 21, 1997 leased to businesses compatible to the 1 -1 District (in accordance with Chapter 7, Article A, of the Scott County Zoning Ordinance No. 3) in Section 10 of Jackson Township, with the conditions listed on the permit and made a part of this record by reference. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. F. On the recommendation of the Jackson Town Board and the Planning Commission, Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the request for a Conditional Use Permit ( #1139 -C -8) of Allen Advertising Products, Inc., to operate an Advertising Specialties industry (in accordance with Chapter 6, Article B of the Scott County Zoning Ordinance No. 3) in Section 15 of Jackson Township, Lot 1, Block 1, Severson Addition, zoned B -2, with the conditions listed on the permit and made a part of this record by reference. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. G. On the recommendation of the Helena Town Board and the Planning Commission, Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the request for preliminary and final plat approval of Cedar Lake Estates (James E. Allen, Applicant), (in accordance with Chapters 4 & 5 of the Scott County Land Subdivision Ordinance No. 7) consisting of 19 lots on 84 acres in Section 13 of Helena Township, zoned A -2 and R -1, with the conditions placed on the plats by the Planning Commission. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. H. On the recommendation of the New Market Town Board and the Planning Commission, Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the request for final plat approval of Emerald Hills (Neal Kryzaniak, Applicant), (in accordance with Chapter 5 of the Scott County Land Subdivision Ordinance No. 7) consisting of 18 residential lots and one agricultural lot on 80 acres in Section 18 of New Market Township, zoned R -1, with the with the conditions placed on the plat by the Planning Commission. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. I. Commissioner Mackie moved, seconded by Commissioner Marschall, to approve the applications for abatement of property taxes as listed below: General Form: Richard A. Soderberg, for property in the City of Shakopee, for taxes payable in 1997 City of Savage for Thomas Kroyer for property in the City of Savage, for taxes payable in 1997 The motion carried on a vote of four ayes, with Commissioner Bannerman absent. J. Commissioner Mackie moved, seconded by Commissioner Marschall, to acknowledge the Associate Administrator, Finance, Approval of Claims in the amount of $2,106,818.91, as listed in the Record of Disbursements dated October 20, 1997, and the same being before the Board and available in the office of the County Auditor. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. UNAPPROVED PAGE 4 October 21, 1997 (7). Community Services: A. Associate Administrator, Community Services Maila Hedin presented a resolution expressing appreciation to the Hennepin County Economic Assistance division for including new Scott County employees in their employee training, enabling Scott County staff to be current with their caseloads and to prepare for welfare reform. Ms. Hedin stated that their contribution saved Scott County approximately $12,825. Commissioner Bohnsack moved, seconded by Commissioner Marschall, to adopt Resolution No. 97117, to -wit: RESOLUTION 97117; EXPRESSING APPRECIATION OF SERVICES PROVIDED TO THE SCOTT COUNTY HUMAN SERVICES ECONOMIC ASSISTANCE PROGRAM BY THE HENNEPIN COUNTY ECONOMIC ASSISTANCE DEPARTMENT WHEREAS, Scott County experienced a short term emergency training situation precipitated by the simultaneous hiring of five new financial workers; and WHEREAS, Scott County did not have adequate staff resources to complete training in preparation for Welfare Reform Implementation; and WHEREAS, the Hennepin County Economic Assistance Department volunteered to include the new Scott County financial workers in the training scheduled for Hennepin County new workers; and WHEREAS, this resulted in a contribution to Scott County of six weeks of training at thirty hours per week, at an approximate value of $12,825. NOW THEREFORE BE IT RESOLVED, by the Scott County Board of Commissioners in and for the County of Scott that formal thanks are communicated to Hennepin county for their contribution to the citizens of Scott County. BE IT FURTHER RESOLVED, the County Administrator is directed to forthwith convey this resolution to the Hennepin County Board of Commissioners in recognition of their inter - county collaboration and professional courtesy. On roll call by the Recording Secretary, the resolution was adopted on a vote of four ayes, with Commissioner Bannerman absent. B. Commissioner Mackie moved, seconded by Commissioner Bohnsack, to adopt Resolution No. 97121, to -wit: RESOLUTION NO. 97121; APPOINTING BOARD'S AGENTS UNDER THE LOCAL PUBLIC HEALTH ACT WHEREAS, Minnesota Statutes, Section 145A.04, authorizes a Board of Health to appoint a person or persons to act on its behalf; UNAPPROVED PAGE 5 October 21, 1997 NOW THEREFORE BE IT RESOLVED that the Scott County Board, the Board of Health ( "Board ") for Scott County, by virtue of its authority under Minnesota Statutes, Section 145A.04, in accordance with the Board's articles and bylaws and by this resolution of the Board adopted at a scheduled meeting held on October 21, 1997, hereby appoints and authorizes the following persons to act on the Board's behalf and bind the Board for the following purposes: a) Maila Hedin, Associate Administrator for Community Services, to sign and submit to the Commissioner of Health the prepared Community Health Services Plan, revisions to the plan, and activity reports submitted according to Minnesota Statutes, Section 145A.10, Subdivisions 5, 6, and 8; b) Chuck Dustrud, Public Services Manager, to sign and submit to the Commissioner of Health the Board's annual budget, revisions to the budgets, and expenditure reports submitted according to Minnesota Statutes, Section 145A.10, Subdivisions 6 and 8. On roll call by the Recording Secretary, the resolution was adopted on a vote of four ayes, with Commissioner Bannerman absent. C. Commissioner Marschall moved, seconded by Commissioner Mackie, to adopt Resolution No. 97122, to -wit: RESOLUTION NO. 97122; APPROVING THE SCOTT COUNTY COMMUNITY SERVICES PLAN UPDATE AND SUBSIDY APPLICATION WHEREAS, Minnesota Statutes, Chapter 145A, Sections 1 to 15, entitled the Local Public Health Act, provides that a county with a population of 30,000 persons or more located in a region designated pursuant to Minnesota Statutes, Sections 462.381 to 462.396, have by resolution of the County Board of Commissioners elected to come within the provisions of that act; WHEREAS, the Scott County Board of Commissioners desire to provide community health services as an integrated component of the other Human Services activities; WHEREAS, the Scott County Board has accepted the responsibilities and authority of the Board of Health pursuant to the Local Public Health Act, Minnesota Statutes, Section 145A.09 to 145A.10; THEREFORE, BE IT RESOLVED that the Scott County Board approve the Scott County Community Health Services Plan Update and Subsidy Application for the 1998 -1999 period herein described and authorizes its submission to the Minnesota Department of Health for approval; BE IT FURTHER RESOLVED that the Human Services Resource Council shall serve as the Community Health Services Advisory Committee relating to the development, maintenance, funding, and evaluation of community health services; BE IT FINALLY RESOLVED that the Scott County Board shall appoint a person to serve on the State Advisory Committee as needed. On roll call by the Recording Secretary, the resolution was adopted on a vote of four ayes, with Commissioner Bannerman absent. (8). Sheriff: UNAPPROVED PAGE 6 October 21, 1997 A. Commissioner Marschall moved, seconded by Commissioner Bohnsack, to adopt Resolution No. 97116, to -wit: RESOLUTION NO. 97116; ACKNOWLEDGING RECEIPT AND ACCEPTANCE OF A GIFT TO SCOTT COUNTY FROM REGENCY COFFEE AND BALLISTICA WHEREAS, it is the policy of Scott County that gifts to the County shall be accepted by the Board of Commissioners in accordance with established procedures for acceptance of gifts as outlined in Resolution No. 90010; and WHEREAS, Regency Coffee and Ballistica have donated a Ballistica shield (Model #3 NIG- 3A, 24" x 36 "), valued at $1,900.00; and WHEREAS, this gift has been given by the donor on the following terms and conditions: to be used by the Special Response Team of the Scott County Sheriff's Office for high risk situations and officer safety; and WHEREAS, acceptance of this gift for the use and benefit of its citizens in accordance with the terms prescribed by the donor is in the best interest of Scott County; and WHEREAS, in consultation with the County Administrator, the County Sheriff has determined that no new or additional county service, function, staffing or liability shall be obligated or necessary to fulfill any specific conditions of the donation from Regency Coffee and Ballistica. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners in and for the County of Scott, Minnesota that the gift from Regency Coffee and Ballistica is hereby acknowledged and accepted by Scott County to be used in accordance with the terms and conditions prescribed by the donor. On roll call by the Recording Secretary, the resolution was adopted on a vote of four ayes, with Commissioner Bannerman absent. (9). Public Works & Lands: A. Associate Administrator, Public Works & Lands Brad Larson advised that with the approval and acceptance by the County Screening Board and the Minnesota Department of Transportation of the proposed changes to the County State Aid Highway System, the County Board is required to make the revisions to the State Aid System by revoking the previously designated routes and designating the new routes proposed. This action will conclude the addition of 38 miles of Scott County roadways to the State Aid Highway System. Commissioner Mackie moved, seconded by Commissioner Bohnsack, to adopt Resolution No. 97120, to -wit: RESOLUTION NO. 97120; REVOKING THE FOLLOWING COUNTY STATE AID HIGHWAYS, OR PORTIONS THEREOF,: 7, 15, 16, 18, 27, 29, 33, 39, 56, 80, 103, 106, UNAPPROVED PAGE 7 October 21, 1997 AND DESIGNATING THE FOLLOWING COUNTY STATE AID HIGHWAYS, OR PORTIONS THEREOF,: 2, 5, 15, 18, 21, 27, 42, 59, 68, 78, 82, 83, 86, 91 AND RENUMBERING COUNTY STATE AID HIGHWAYS NO. 22 AND NO. 24 TO NO. 86; RENUMBERING COUNTY STATE AID HIGHWAY NO. 101 TO 15; RENUMBERING REDWING AVENUE/TRAIL FROM TH 13/19 TO COUNTY STATE AID HIGHWAY NO. 8 TO COUNTY ROAD NO. 89 WHEREAS, the Scott County Highway Department has requested changes in the County State Aid Highway System, and; WHEREAS, the County State Aid Highway Screening Board has approved the following changes; NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners in and for the County of Scott, Minnesota, requests the Commissioner of the Department of Transportation to make the following changes to the Scott County State Aid Highway System: REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 7 Beginning at a point at the junction of South Street East (County State Aid Highway No. 7) and Laredo Avenue, on or near the south line of Section 6, Township 113 North, Range 24 West; thence westerly along South Street East to Ash Street South; thence northerly along Ash Street South to Main Street East (County State Aid Highway No. 6), also the east -west quarter line of said Section 6, all in the City of Belle Plaine, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 15 Beginning at a point on or near the southeast corner of Section 35, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13/19; thence northerly on or near the west section lines of Sections 36, 25, 24, 13, 12, and 1, of said township and range, to a point in the southwest quarter of the southwest quarter of said Section 1; thence northerly through the west half of the west half of said Section 1 to a point on the north line of said Section 1, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 16 Beginning at the terminus of Trunk Highway No. 300 in the southwest quarter of Section 1, Township 115 North, Range 23 West, at or near the junction of Sixth Street West and Webster Street South; thence northeasterly along West Sixth Street to Fuller Street; thence northerly on Fuller Street to Fourth Street; thence easterly on East Fourth Street to County State Aid Highway No. 17 (Marschall Road), all in the City of Shakopee, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 18 Beginning at a point on the West Section Line, at or near the west quarter corner of Section 6, Township 115 North, Range 21 West, thence northeasterly through the north half of said Section 6 to the north corporate limits of the City of Savage, all in the City of Savage, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 27 Beginning at a point on Allen Boulevard South, at or near the junction of Louisiana Avenue, in the northwest quarter of Section 32, Township 115, Range 21 West; thence northerly and UNAPPROVED PAGE 8 October 21, 1997 northeasterly through Sections 32, 29 and 20 of Township 115 North, Range 21 West, to a point at the junction of 138th St., all in the City of Savage, and there terminating. REVOCATION OF A PORTION OF COUNTY STATE AID HIGHWAY NO. 29 Beginning at a point at the junction of 230th Street East and Natchez Avenue (County State Aid Highway No. 91), on or near the southwest corner of Section 3, Township 113 North, Range 21 West; thence easterly along the south section line of said Section 3 to a point on or near the south quarter corner of said Section 3; thence northeasterly through the southeast quarter of said Section 3 and the southwest quarter of Section 2, Township 113 North, Range 21 West, to a point near the center of said Section 2, also the junction of Penn Avenue and 225th Street East; thence easterly on or near the east -west quarter line of said Section 2 and Section 1 of said township and range to a point on or near the east quarter corner of said Section 1, Township 113 North, Range 21 West, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 33 Beginning at a point at the junction of 260th Street East (County State Aid Highway No. 2) and France Avenue, on or near the north quarter corner of Section 27, Township 113 North, Range 21 West; thence southerly along France Avenue, on or near the north -south quarter line of said Section 27, to Main Street; thence easterly along Main Street to Beard Avenue in the southeast quarter of said Section 27, all in the City of Elko, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 39 Beginning at a point at the north junction of Trunk Highway No. 13 and Franklin Trail (County State Aid Highway Franklin Trail to a point No. 39) in Section 36, Township 115 North, Range 22 West; thence southerly and westerly along at the south junction of Trunk Highway No. 13 and Franklin Trail in Section 2, Township 114 North, Range 22 West, all in the City of Prior Lake, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 56 Beginning at a point on the centerline of Trunk Highway No. 13 in Section 18, Township 113 North, Range 22 West; thence northeasterly along in -place roadway to a point on the centerline of old Trunk Highway No. 13, said point located approximately 285 feet west of the west quarter corner of Section 17, Township 113 North, Range 22 West; thence easterly and southerly to a point about 33 feet east of the southeast corner of the southwest quarter of the southeast quarter of Section 17; thence easterly along or near the south section lines of Sections 17, 16 and 15 to the junction with County State Aid Highway No. 23 (Panama Avenue), at or near the southeast corner of Section 15, Township 113 North, Range 22 West, and there terminating. (Formerly designated a portion of County State Aid Highway No. 2). REVOCATION OF COUNTY STATE AID HIGHWAY NO. 80 Beginning at a point on County State Aid Highway No. 46, on or near the south line of Section 13, Township 113 North, Range 21 West; thence easterly on or near the south line of said Section 13 to the southwest corner of said Section 13, and there terminating. UNAPPROVED PAGE 9 Oc,ober 21, 1997 REVOCATION OF COUNTY STATE_ AID HIGHWAY NO. 103 Beginning at a point at the junction of Water Street and Trunk Highway No. 21, Section 19, Township 114 North, Range 23 West; thence northwesterly along Water Street to Varner Street; thence northerly along Varner Street to Sixth Street; thence westerly along Sixth Street to Syndicate Street; thence northerly along Syndicate Street to Trunk Highway No. 169, all in the City of Jordan, and there terminating. REVOCATION OF COUNTY STATE AID HIGHWAY NO. 106 Beginning at a point at the junction of Trunk Highway No. 13 and Princeton Avenue (County State Aid Highway No. 106); thence southerly along Princeton to 123rd Street; thence easterly along 123rd Street to Lynn Avenue, in Section 31, Township 27 North, Range 24 West, all in the City of Savage, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 2 Beginning on or near the southwest corner of Section 20, Township 113 North, Range 23 West, also a point on County State Aid Highway No. 11; thence easterly along 260th Street West, the south section lines of Sections 20, 21, 22, 23, and 24, of said township and range; thence continuing easterly along 260th Street East, the south section lines of Sections 19, 20, 21, and 22 of Township 113 North, Range 22 West to a point at the junction of County State Aid Highway No. 23, (Panama Avenue), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 5 Beginning at a point at the junction of South Street East (County State Aid Highway No. 7) and Laredo Avenue (County State Aid Highway No. 5), on or near the south section line of Section 6, Township 113 North, Range 24 West; thence northerly along Laredo Avenue to a point on Main Street (County State Aid Highway No. 6), a point on or near the east -west q- carter line, all in the City of Belle Plaine, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 15 Beginning at a point on or near the center of Section 34, Township 113 North, Range 23 West, also a point at the junction of County state Aid Highway No. 37 (Seventh Street North), in the City of New Prague; thence northerly to a point on or near the north line of said section 34; thence easterly on or near the north section lines of said Section 34 and Section 35 of the said township and range, to a point in the southwest quarter of Section 26; thence northerly through Sections 23, 14, 11, and 2, of Township 113 North, Range 23 West, to a point on the west line of said Section 2; thence northerly on or near the west line of said Section 2, to a point on or near the northwest corner of said Section 2, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. (Formerly known as County Road No. 67). AND Beginning at a point at the junction of County State Aid Highway No. 10 and Harlow Avenue (County State Aid Highway No. 15) in the southeast quarter of Section 22, Township 114 North, Range 23 West; thence northerly to the east quarter corner of said Section 22, thence easterly on or near the east -west quarter line of Section 23 of said township and range to a point on or near the center of said Section 23; thence northerly on or near the north -south quarter line of said Section 23 and Section 14 of said township and range, to a point on or near the center of said Section 14, also a point on Trunk Highway No. 282 (Country Trail West), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 18 UNAPPROVED PAGE 10 October 21, 1997 Beginning at a point on Eagle Creek Boulevard (County State Aid Highway No. 16), in Section 13, Township 115 North, Range 21 West; thence northerly through Sections 13 and 12 of said township and range to a point of at the junction of Trunk Highway No. 169 and County State Aid Highway No. 18, in the northwest quarter of said Section 12, all in the City of Shakopee, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 21 Beginning at a point on County State Aid Highway No. 42 (140th Street Northeast), at or near the southeast corner of Section 22, Township 115 North, Range 22 West; thence northerly on or near the east line of Sections 22 and 15 of said township and range to a point on Eagle Creek Boulevard (County State Aid Highway No. 16); thence northeasterly through Sections 14 and 13 of said township and range to a point on County State Aid Highway No. 18 (New County Highway No. 18), in the northwest quarter of said Section 13, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 27 Beginning at a point at the junction of Dakota Avenue (County State Aid Highway No. 27) and 138th Street, on or near the east line of Section 20, Township 115 North, Range 21 West; thence southerly to a point on the East line of Section 29, Township 115, Range 21 West; thence southwesterly to a point on Allen Boulevard South, in the northwest quarter of Section 32, Township 115, Range 21 West, all in the City of Savage, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 42 Beginning at a point at the junction of Marschall Road (County State Aid Highway No. 17) and 29th Avenue in the City of Shakopee, on or near the south line of Section 19, Township 115 North, Range 22 West; thence easterly on or near the south section lines of Sections 19, 20, 21, and 22 of said township and range to a point at the junction of McKenna Road and 140th Street (County State Aid Highway No. 42), in the City of Prior Lake, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 59 Beginning at a point at the junction of Delaware Avenue and Union Hill Boulevard (County State Aid Highway No. 7), in the south half of Section 14, Township 113 North, Range 24 West; thence northerly along Delaware Avenue, also on or near the north -south quarter lines of Sections 14, 11 and 2, of Township 113 North, Range 24 West, and Sections 35 and 26, of Township 114 North, Range 24 West, to a point on Trunk Highway 169 in said Section 26, Township 114 North, Range 24 West, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 68 Beginning on or near the southwest corner of Section 14, Township 114 North, Range 22 West, also a point on County State Aid Highway No. 23 (Panama Avenue); thence easterly along 190th Street East, the south section lines of Sections 14 and 13, Township 114 North, Range 22 West, and Section 18, Township 114 North, Range 21 West, to a point at the junction of County State Aid Highway No. 27 (Texas Avenue), and there terminating. UNAPPROVED PAGE 11 October 21, 1997 DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 78 Beginning at a point at the junction of Trunk Highways 41 and 169 in the southwest quarter of Section 15, Township 115 North, Range 23 West; thence southeasterly through the south half of said Section 15, thence easterly on or near the south section lines of Sections 14 and 13 of said township and range; and Section 18, Township 115 North, Range 22 West, to a point at the junction of County State Aid Highway No. 17 (Marschall Road), in the southeast quarter of said Section 18, in the City of Shakopee, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 82 Beginning at a point at the junction of County State Aid Highway No. 17 (Marschall Road) and Howard Lake Road, in Section 32, Township 115 North, Range 22 West; thence easterly through Sections 32, 33, and 34 of said township and range, to a point at the junction of County State Aid Highway No. 21 (Eagle Creek Avenue) and 154th Street, on or near the east section line of said Section 34, all in the City of Prior Lake, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 83 Beginning at a point at the junction of Mystic Lake Drive Northwest (County State Aid Highway No. 83) and 154th Street (County State Aid Highway No. 82) in the City of Prior Lake, in Section 33, Township 114 North, Range 22 West; thence northerly along Mystic Lake Drive and Canterbury Road South, through Sections 33, 28, 21, 16, 9, and 4 of said township and range to a point at the junction of County State Aid Highway No. 101 (formerly Trunk Highway No. 101) in the City of Shakopee, and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 86 Beginning at a point at the junction of 280th Street East and County State Aid Highway No. 3 (Rice County), on or near the southeast corner of Section 32, Township 113 North, Range 21 West (south county line); thence easterly along 280th Street East, on or near the south section lines of Sections 31, 32, 33, 34, 35, and 36, Township 113 North, Range 21 West, except that portion in Sections 3 and 2, Township 112 North, Range 21 West, to a point at the junction of 280th Street East and County State Aid Highway No. 46 (Pillsbury Avenue), and there terminating. DESIGNATION OF COUNTY STATE AID HIGHWAY NO. 91 Beginning at a point at the junction of County State Aid Highway No. 2 (260th Street East) and Natchez Avenue in the cities of New Market and Elko; thence southerly on or near the east section lines of Section 28 and 33, Township 113 North, Range 21 West, to a point at the junction of 280th Street (CSAH 86) on the south section line of said Section 33, and there terminating. AND Beginning at the junction of 230th Street East and Natchez Avenue, at or near the southeast corner of Section 4, Township 113 North, Range 21 West; thence northerly along Natchez Avenue to 221 st Street East; thence westerly along 221 st Street East to Vernon Avenue; thence northerly along Vernon Avenue to a point at the junction of County State Aid Highway No. 68 (Credit River Blvd.)and Vernon Avenue, near the east quarter corner of Section 21, Township 114 North, Range 21 West, thence northerly along Natchez Avenue to a point at the junction of 185th Street (CSAH 21), near the east quarter corner of Section 16, Township 114 North, Range 21 West, and there terminating. UNAPPROVED PAGE 12 October 21, 1997 RENUMBERING OF COUNTY STATE AID HIGHWAYS NO. 22 AND NO. 24 TO 86 Beginning at a point at the junction of Trunk Highway 19 and 280th Street East (County State Aid Highway No. 22), a point on the south section line of Section 34, Township 113 North, Range 22 West, thence east along the south section lines of said Section 34 and Sections 35 and 36 of said Township and Range and the south section line of Section 31, Township 113 North, Range 21 West to a point at the junction of 280th Street East and Rice County Highway No. 3 and there terminating. AND Beginning at a point at the junction of Pillsbury Avenue (County State Aid Highway No. 46) and 280th Street East, a point on the south section line of Section 36, Township 113 North, Range 21 West, thence east along the south section line to the southeast corner of said section and there terminating. RENUMBERING OF COUNTY STATE AID HIGHWAY NO. 101 TO 15 Beginning on or near the south quarter corner of Section 34, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13, thence to the junction of County State Aid Highway No. 37 (Seventh Street Northeast) and Columbus Avenue North, also the center of said Section 24, all in the City of New Prague, and there terminating. RENUMBERING REDWING AVENUE/TRAIL FROM TH 13/19 TO COUNTY STATE AID HIGHWAY NO.8 TO COUNTY ROAD NO. 89 Beginning on or near the southeast corner of Section 35, Township 113 North, Range 23 West, also a point on Trunk Highway No. 13/19; thence northerly on or near the west section lines of Sections 36, 25, 24, 13, 12, and 1, of said township and range, to a point in the southwest quarter of the southwest quarter of said Section 1; thence northerly through the west half of the west half of said Section 1 to a point on the north line of said Section 1, also a point on County State Aid Highway No. 8 (220th Street West), and there terminating. On roll call by the Recording Secretary, the resolution was adopted on a vote of four ayes, with Commissioner Bannerman absent. (11). County Attorney: A. Mr. Harbinson presented an Agreement between the Anoka County Attorney, the Scott County Attorney, and Conrad Skonieczny, to be effective from approximately November 1, 1997 through October 31, 1998. Mr. Harbinson stated that this Agreement will allow Mr. Skonieczny to obtain experience in complex trial cases. At the end of the Agreement, Mr. Skonieczny will return to Scott County with that experience. In response to Chair Malz' inquiry, Mr. Harbinson stated that during Mr. Skonieczny's absence, his position will be underfilled; and that the operations of the office will not be affected. Mr. Unmacht stated that his concerns related to budget, consistency, and policies have been addressed. Commissioner Bohnsack moved, seconded by Commissioner Mackie, to approve the Agreement between the Anoka County Attorney, the Scott County Attorney, and Conrad Skonieczny, effective approximately 11/1/97 through 10/31/98. The motion carried on a vote of four ayes, with Commissioner Bannerman absent. (12). Communications: UNAPPROVED PAGE 13 October 21, 1997 A. Senator Claire Robling to County Administrator (RE: Information on applying for an Outdoor Recreation Grant from the Department of Natural Resources) October 14, 1997. B. Christine Scotillo, State of Minnesota Municipal Board (RE: Extension of October 22nd hearing on Spring Lake /Prior Lake Annexation) October 14, 1997. C. Public Notice of the Modification of a Permit for the operation of: Freeway Transfer Station and Hennepin County /Brooklyn Park Transfer Station. October 14, 1997. D. Michael Rhynder, Minnesota Counties Insurance Trust to County Administrator (RE: Reinsurance Premium Refund) October 13, 1997. On a motion by Commissioner Marschall, seconded by Commissioner Bohnsack, the communications were received and filed. The Chair recessed the Special Session at 9:54 a.m., and reconvened at 10:50 a.m. (13). Committee Reports: A. Commissioner Mackie, Credit River Township amphitheater neighborhood organizational meeting, October 14. B. Commissioner Mackie, Emergency Medical Services Advisory Committee, October 15. C. Commissioner Mackie, Informational meeting on County Road 27, October 20. D. Commissioner Marschall, Community Services Appreciation Dinner, October 7. E. Commissioner Marschall, Community Services Committee, October 13. F. Commissioner Marschall, Retired Senior Volunteers Luncheon, October 13. G. Commissioner Marschall, Prior Lake /Spring Lake Watershed District, October 13. H. Commissioner Marschall, Library Board, October 13. 1. Commissioner Marschall, CAP Annual Meeting, October 14. J. Commissioner Marschall, MELSA, October 16. K. Commissioner Marschall, meeting regarding Youth Tobacco Access Ordinance, October 16. L. Commissioner Marschall, Human Services Resource Council, October 20. M. Commissioner Marschall, Prior Lake City Council, October 20. N. Commissioner Malz, AMC District X, October 14. O. Commissioner Malz, Sand Creek Township residents regarding Environmental Assessment Worksheet of Unimin property, October 16. P. Commissioner Malz, Minnesota River Basin Joint Powers Board Ride, Run, and Roll Committee, October 17. Q. Commissioner Malz, Minnesota River Basin Joint Powers Board, October 20. (14). Other Business: A. Mr. Unmacht advised the Commissioners that Mr. Loftus has provided him with an informational packet for the Commissioners regarding the amphitheater proposal. B. Mr. Unmacht reminded the Board members that there will not be a County Board meeting on November 11 th due to Veteran's Day. UNAPPROVED PAGE 14 October 21, 1997 C. Mr. Unmacht asked the Commissioners to inform him of any items of interest for agenda items to be included in the upcoming Board retreat. D. Mr. Unmacht advised the Commissioners that he has completed his orientations with staff members. E. Mr. Unmacht advised that he attended his first city /county Joint Administrators meeting. He is now planning to have individual meetings with the City Administrators. (15). On a motion by Commissioner Marschall, seconded by Commissioner Bohnsack, the Special Session was adjourned at 11:15 a.m. Ralph T. Malz Chair David J. Unmacht County Administrator Clerk of the Board Tracy A. Cervenka Recording Secretary RESOLUTION NO. 5832 A Resolution Establishing Municipal State Aid Street Along 4th Avenue, from CSAH 17 (Marschall Road) to Holmes Street; and 6th Avenue, from Holmes Street to Adams Street. WHEREAS, it appears to the City Council of the City of Shakopee that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee that the road described as follows, to -wit: 4 th Avenue, from CSAH 17 (Marschall_ Road) to Holmes Street; and 6 th Avenue, from Holmes Street to Adams Street BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1 2002. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Building Contract Change Order No. 2 DATE: December 12, 2002 INTRODUCTION: The Council is asked to approve Change Order No. 2, in the amount of $ 12,192, in favor of C.M. Construction Company. BACKGROUND: During construction of the new police building, it was discovered that there was no design provided for the runoff water from a roof drain on the building, to discharge into the storm water holding pond. Normally, the specs to be bid would have included 120 lineal feet of pipe to connect the roof drain to the storm retention pond. Apparently, this was a detail that was missed between the building design (which covers everything within the building and to a point 5 feet outside of the building footprint), and site utilities design. Building design and site utilities are performed by different individuals. BKV worked with contractor CM Construction to provide the 120 feet of pipe, connection, and also rework the depth of the clay liner of the storm pond to accommodate the new pipe elevation. For this work, CM has proposed an added cost of $13,594. DISCUSSION: This is not an added cost as a result of any contractor issue. Instead, it was an item missed in design. Had the extra pipe and pond work been include in the original bid, the contract amount as bid would have been higher as a result, and paid for by the City. The question is whether the $13,594 is an amount in excess of what would have been bid, had the bid specifications included the extra pipe, connection, and pond work. While it is difficult to know for certain, a review by the City's engineering department felt that the price submitted by CM Construction is very reasonable, given the scope of work. It should also be to BKV's credit that while the initial design was missed, by working with the contractor to incorporate the extra pipe into an existing utility trench (rather than having to go through additional bedrock that is common in the area), the cost was significantly reduced. For that reason, I am comfortable in recommending that the amount of the change order be approved. Councilor Link has reviewed this, and concurs with that recommendation. BUDGET IMPACT: The total cost of the Change Order is $12,192, which consists of the work previously described, but also three other changes which resulted in net deducts from the original contract. Amount of the police project contingency prior to this change order $418,900 Less C.O. #2 - 12,192 New contingency amount remaining. $406,708 RECOMMENDATION: I recommend that Change Order No. 2 be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize execution of Change Order No. 2 for the Police building project, in favor of CM Construction, in the amount of $12,192. Mark McNeill City Administrator MM:th CC: Jerry Poole C�;,�� OPID . ' F L _ OTHER AIA DOCUMENT G701 � � '��'� THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: CHANGE ORDER NO.: TWO ( ) Shakopee Police Facility 476 Gorman Street Shakopee, MN 55379 DATE: , 2002 TO CONTRACTOR: ARCHITECT'S PROJECT #: 1536.02. CM Construction Co., Inc. CM Construction Company, Inc. 12215 Nicollet Ave South 12215 Nicollet Ave South Burnsville, MN 55337 Burnsville, MN 55337 CONTRACT DATE: August 8, 2002 CONTRACT FOR: General Construction The contract is changed as follows: Proposal Request # 1. Change the architectural trim steel angle on drawing detail 1 /50 and (- $ 1,800.00) at the clerestory edge. (Architect Requested) 2. Proposal Request # 2. Provide a secure sliding gate at the north entrance to the secured police parking lot. (Owner Requested) 3. Proposal Request# 3. Revise the attachment detail of the precast concrete fin to the supporting structure. (- $ 90.00) (Architect Requested) 4. Proposal Request # 4. Void. (This item is covered in PR #.8, - see item # 4.) No cost change (Civil Engineer Requested). . S. Proposal Request # S. Modifies door hardware and clarifies borrowed lite schedule. (Architect Requested) 6. Proposal Request # 6. Revise lintel types L- I & L -2 to be L7" x 4" x 3/8" $ 488.00 (Architect Requested) 7. Proposal Request # 7. Delete system solenoid shut off valve. Separate Fire and domestic water service. Add 8" fire service line into building. Extend irrigation coverage. Add remote zone test valve detail and Irrigation detail. (Mechanical Engineer) 8. Proposal Request # 8. Site Utility revisions. $ 13.594.00 (Civil Engineer Requested) . Proposal Request #$ 9. Change size of one remote roof drain. Revise waste & vent piping sizes in the Vicinity of room # 165. Revise Domestic cold water service piping size. (Owner Requested) Q:\PROJ\ 15 36- 02\BUS \CO. #2DOC. DOC i0. �'ro;osal Request # prod de *renching, ba kfiilin�,, tt. "r �rnpadino of 3PJC eie ic�.. tiii* reeds under paved areas on site. (Requested by SPUCj. 1 I . ASI # I. Modifies and simplifies masonry flashing & pre -cast concrete detailing. No cost change (Contractor Requested) 12. ASI # 2. Clarify color and finish of all Architectural pre -cast concrete. No cost change (Contractor Requested) 13. ASI # 3. Clarify pre -cast concrete height and seat at main entry. Modify window & fin details at E. elev. No cost change (Contractor Requested) 14. ASI # 4. Misc. duct size revisions, and change in the size of the expansion tank. No cost change (Mechanical Engineer Requested) 15. ASI # 5. Clarify lay out dimensions at the main entry canopy for the contractor. No cost change (Architect Requested) 16. ASI # 6. Issue corrective change action required for canopy column anchor bolts installed at the No cost change incorrect elevation by the contractor. (Architect Requested) 17. ASI # 7. Issue corrective actions to coordinate waste pipe discharge point shown on the mechanical No cost change drawings with sewer location shown on Civil Drawings. (Mechanical Engineer Requested) 18. ASI # 8. Provide additional vertical control joints in building brick veneer. No cost change (Architect Requested) 19. ASI # 9. Defines the limits of Burnished block construction as opposed to standard CMU construction. No cost change. (Architect Requested) 20. ASI # 10. Relocate clean outs. Clarify domestic water piping and shock absorber sizes. No cost change (Mechanical Engineer Requested) 21. ASI # 11. Change from a curb drop inlet casting to a slab top catch basin structure. No cost change (Civil Engineer Requested0 Total of items # I - # of C.O. # 2 $ .00 The original Contract Sum was $ 4.405,000.00 Net change by previously authorized Change Orders $ 8,000.00 The Contract Sum prior to this Change Order was $ 4,413,000.00 The Contract Sum will be increased by this change order in the amount of $ .00 The new Contract Sum including this Change Order will be $ .00 The Contract time will be unchanged by this Change Order.. The date of Substantial Completion as of the date of this Change Order therefore is September 9, 2003 2 NOTE: This son a r/ does not.reflec_ than - i. e: Contract Su i-,1, authorized Sy Construction Chanpe Directive. Authorized: _ ARCHITECT CONTRACTOR OWNER arman Kroos Vogel Group, Inc. CM Construction Company, Inc. CiV of Shakopee r,ddress 12215 Nicollet Ave. South 129 Holmes St. 222 N. 2nd Street_ Burnsville, MN 55337 Shakopee, Mn 55379 Minneapolis MN 55401 BY BY BY DATE DATE DATE AIA DOCUMENT G701 * CHANGE ORDER * 1987 EDITION * AIA - COPYRIGHT 1987 THE AMERICAN INSTITUTE OF ARCHITECT'S, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 -5292 WARNING; Unlicensed photocopying violates U.S. copyright law and is subject to legal prosecution. This document was electronically produced with permission of the AIA an cannot be reproduced without violation until the date of expiration noted below. ti. 3 Shakopee Police Station Q:PROJ \1536.02 \BUS \BUDEST- 121302.XLS CURRENT PROJECT :Bl74GEi:ETfMATE: "`12713102 DD Estimate - 3.19.02 Bid ......... ............................... PROPERTY COST Soils Correction allowance $100,000 $100,000 Survey allowance $5,000 $5,000 Preliminary Soils Testing _ $3,40 Financing costs verify $30,000 $30,000 Appraisal fee verify $3,000 $3,000 Legal fees verify $10,000 $10,000 Other fees verify $5,000 $5,000 SUBTOTAL $156,490 $156,490 CONSTRUCTION COST Building Cost Budget @ $160 per s.f., including site costs "27,100 S.F. *27,100 S.F. 26,000 S.F. ,44,318 :1365 $4,405,000 2 Scenarios were presented for facilities ranging from 24,000 to 28,000 - final program should come as close to median as possible SUBTOTAL $4,318;$65 '$4,405,000 OTHER PROJECT EXPENSES Professional Fees (Building and Site) $342,570 $342,570 Furniture and Equipment Design Fees (8 %) - Per * Allowances Below _ $24,000--: $24000! Needs Assessment Fee Furniture & Equipment Allowance *Furniture $300;000 $300;000 *Signage $10,000 $10,000 *Audio Visual $30,000 $30,000 Telephones $15,000 $15,000 Equipment $0 $0 Water Availability Charge allowance $4,000 Included In Bid MCES Sewer Charges allowance $6,000 Included In Bid Soils Testing- detailed allowance $4,000 $4,000 City Sewer Charge allowance $3,000 Included In Bid Reimbursables, printing, travel etc. allowance $18,000 $18,000 Special Testing costs allowance 1 $10,000 1 $10,000 Subtotal $766,570 $753,570 Subtotal Project Costs5 485,35„ . $5,158;570 Contingency 10.00% $500,x35 $426 90Q" COST ESTIMATE $5,585,470' $5,585;470_ *Additional S.F. required due to increase in mechanical mezzanine to accommodate mech. Unit Project Budget Page 1 Is' C. �.. CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum S E N T TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police *)""' SUBJECT: 2003 Resolution for Task Force Participation DATE: December 10, 2002 INTRODUCTION: Each year the State of Minnesota, Office of Drug Policies, requires coordinators of regional task forces to submit resolutions indicating intent to participate in task force operations from each member agency. BACKGROUND: For the past several years the state and federal governments have encouraged local law enforcement agencies to form regional task forces to investigate drug law violations. Significant sums of federal and state drug enforcement money are distributed to task forces. The Shakopee Police Department has been a member of the Southwest Metro Drug Task Force since its inception and wishes to continue participation in the task force for as long as possible. ALTERNATIVES: 1. Continue participation in the Southwest Metro Drug Task Force. 2. Discontinue participation in the Southwest Metro Drug Task Force. RECOMMENDATION: Alternative #1 ACTION REQUESTED: Offer Resolution #5815 a resolution to enter a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for participation in the Southwest Metro Drug Task Force. RESOLUTION NO. 5815 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REGARDING PARTICIPATION IN THE SOUTHWEST METRO DRUG TASK FORCE. WHEREAS, The City has participated in the Southwest Metro Drug Task Force since its inception; and WHEREAS, the Task Force has successfully brought about numerous drug convictions; and WHEREAS, each year the City enters into a cooperative agreement in order to continue to participate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Mayor, City Administrator and City Clerk are hereby are authorized to enter into a cooperative agreement with the Office of Drug Policy in the Minnesota Department of Public Safety for the project entitled Southwest Metro Drug Task Force for the calendar year 2003. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this 17 day of December, 2002. Mayor of the City of Shakopee Attest: City Clerk -# CITY OF SHAKOPEE Police Department Memorandum Co SENT Date: 12 -11 -02 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Sgt. Chris Dellwo VT SUBJECT: Chapter 10 Ordinance Amendment Introduction• Council is asked to consider Ordinance No.649 reclassifying the level of crime for violations of Chapter 10 Sections and the repealing of some Chapter 10 Sections that are covered more comprehensively and are a higher level of crime on the State level. Background: The proposed amendment is intended to accomplish the following: 1. Reclassify violations from petty misdemeanors to misdemeanors thus making the violations consistent with their State law counterparts. 2. Repeal sections that are either felonies or gross misdemeanors on the State level or those that are covered more comprehensively on the State level. 3. Allow the City the option to charge as a petty misdemeanor if it chooses. The current language in Section 10.99 stipulates violations of Chapter 10 shall be punished as a petty misdemeanor except as otherwise stated in specific provisions. There are no current specific provisions stated allowing for punishment other than petty misdemeanor. The proposed language in Ordinance No. 649 specifies the penalty for violations of Chapter 10 would be misdemeanors with the City having discretion to charge out the violation as a petty misdemeanor. Misdemeanors are crimes for which a sentence of not more than 90 days in jail or a fine of not more than $1000.00, or both, may be imposed. Petty misdemeanors are petty offenses that are prohibited by statute or ordinance that do not constitute a crime and for which a sentence of a fine of not more than $300.00 may be imposed. Rules of criminal procedure allow for a peace officer to take into custody a person who they witness commit a misdemeanor level offense. If the officer does not witness the act, a citizen can sign a citizen's arrest and thus allowing the officer to take into custody a violator. For example, Section 10.60 Subd. H prohibits the participation in a noisy party or gathering. Under current language an officer could only issue a citation to the violators and therefore not necessarily put an end to the problem. If the violation were a misdemeanor, the Officer would have the power to physically arrest the violator should they refuse to comply. An additional example would be a window peeping violator. It these cases it is important for the officer to have the ability to physically arrest the suspect. In doing so, we are able to fingerprint and photograph the suspect. Current language that classifies all violations as petty misdemeanors prohibits officers from taking violators into custody because petty misdemeanors are not considered crimes. In addition to gaining arrest powers, reclassifying the violations as misdemeanor level crimes allows them to be placed on the violator's criminal history after conviction. There are many Chapter 10 violations that should be placed on a violator's criminal history such as window peeping should they be convicted. The Sections being repealed include narcotics, bomb threats, and portions of dangerous weapons that are felonies on the state level. The sections on assault and obstructing legal process are also being repealed because they are more restrictive than the state law. The sections that have similar State counterparts that are not being repealed are seen to be broader in scope than the state law. I have consulted with the City's prosecuting attorneys, SJPA, and James Thompson and Paula Callies from Kennedy- Graven. They all support the proposed amendment to better support the Police Department in its effort to reduce crime and improve the quality of life of the community. Action Requested: If the Council concurs, it should by motion, adopt City Ordinance No. 649, an Ordinance amending Chapter 10 of the City code pertaining to public protection, crimes and offenses. 2 ORDINANCE NO. 649 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 10 OF THE CITY CODE PERTAINING TO PUBLIC PROTECTION, CRIMES AND OFFENSES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION 1. Section 10.03 is repealed in its entirety. SECTION 2. Section 10.20, Subd.1, paragraphs F— I are amended as follows: Subd.1 Acts Prohibited. It is unlawful for any person to: Q. F. Permit, as a parent or guardian, any child under fourteen years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive; or 14: Furnish 4-T eighteen ( of age -v4th a fir , anumii14ion, or- explosive without the vT-i#en eensent of his parent or guffdiaa or of L G. Possess, sell, transfer, or have in possession for sale or transfer, any weapon commonly known as a throwing star or nunchaku. For the purposes of this Subparagraph, (1) a "throwing star" means a circular device with any number of points projecting from the edge, and (2) a "nunchaku" means a pair of wood sticks or metallic rods separated by chain links attached to one end of each such stick or rod. SECTION 3. Section 10.24 is repealed in its entirety. SECTION 4. Section 10.30 is amended as follows: Sec. 10.30 OBSCENE OR ANNOYING CALLS S b..l 1 Bomb Tb.« eats,: 14 i s u nl a wful f any per- to m ake +e be made__n or- telephene eall to thfeatea a bombing or- thfeaten that a bomb or- other- eNplesive deviee 0 .l ev iti es have bee ..laee,1 i any 1.,..atio,, Subd. 2-. 1. Obscene or Annoying Calls. It is unlawful for any person to make a telephone call, whether or not conversation ensues, without disclosing their identity and with intent to annoy, abuse, threaten or harass any person at the number called; or to make the telephone of another repeatedly or continuously to ring, with intent to harass any person at the number called: or by means of a telephone to make any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy or indecent. JJT- 216309v 1 SH155 -23 Subd. 3. 2. Permitting Telephone Use. It is unlawful for any person knowingly to permit any telephone under their control to be used for any unlawful purpose described in this Section. SECTION 5. Section 10.56 OBSTRUCTING LEGAL PROCESS is repealed in its entirety. SECTION 6. Section 10.99 is amended as follows: Section 10.99 VIOLATION TION n PETTY MISDEME n 1Tnn PENALTY Every per-son violates a seefien, subdivision, paragraph or- prevision of this Chapter- When. the persen perfeEms an aet thereby prohibited or- deelafed unlawful, or- fails to aet When C a d op ted by r - ef er-enee by this Chapto, an d , . fiethereof- "i b he> ee Subd.l . Anyperson who violates anyprovision of this Chapter for which another penally is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty that maybe imposed for any crime that is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both. Notwithstanding this section, the City in its discretion may choose to prosecute any violation of this Chapter as a petty misdemeanor, in which case, the penalty that ma be imposed shall be a sentence of a fine of not more than $300. Subd.2 The costs of prosecution maybe added to the fine. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held the day of , 2002. Mayor of the City of Shakopee ATTEST: City Clerk JJT- 216309vl SH155 -23 f �t F 4 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: 2003 City Benefits Contribution DATE: December 13, 2002 INTRODUCTION: The Council is asked to adopt a resolution setting the maximum contribution for employee insurance benefits. BACKGROUND: Each year, the Council determines the amount that it will contribute towards certain employee benefits, such as health insurance, dental insurance, and post employment health plans. The attached resolution identifies those contributions. Health insurance coverage reflects a 4.6% decrease. Dental insurance rises from $25.00 per month, to $27.30 per month per employee, and the City's contribution towards post employment health coverage for employees remains at $25.00 per month. BUDGETIMPACT: All of these expenses are included in the 2003 operating budget. RECOMMENDATION: I recommend that the Council adopt the contribution levels for 2003 as described. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5837 A RESOLUTION ADOPTING THE CITY OF SHAKOPEE'S LEVEL OF CONTRIBUTION FOR EMPLOYEE BENEFITS FOR THE YEAR 2003 n i P U I& I�' �k Mark McNeill City Administrator MM:th RESOLUTION NO. 5837 A RESOLUTION ADOPTING THE CITY OF SHAKOPEE'S LEVEL OF CONTRIBUTION FOR EMPLOYEE BENEFITS FOR THE YEAR 2003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City's maximum contribution towards health insurance for the year 2003 shall not exceed the following: Single Coverage 2 -Party Coverage Family Coverage $298.88 /month $526.03 /month $691.00 /month; and the City's contribution towards dental insurance for the year 2003 shall be $27.30 /month, equivalent to the cost of single preventative dental; and the City shall continue a Post Employment Health Plan (PEHP) for the year 2003 and contribute $25 /month for eligible employees. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this resolution are hereby repealed and terminated effective January 1, 2003. Adopted in session of the City of Shakopee, Minnesota, held this day of 1 2002. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee Memorandum TO: Mayor, City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Adopt Revised P -T Cable Technician Job Description MEETING DATE: December 17, 2002 Introduction Approve revisions to the part - time cable technician job description. Background This summer City Council authorized the creation of the part -time cable technician position and adopted a job description. Rod Kelsey, pay consultant, has made recommended changes to the job description. Some essential duties and the education requirement have been changed; Mr. Kelsey indicates the position should be in Grade H of the part -time pay plan. Budget Impact No budget impact. Action Requested If Council concurs, they should, by motion, adopt the revised part -time cable technician job description at pay grade H. Cc: Marilyn Remer, Payroll/Benefits Coordinator Ila Tracy Sc �fer Assistant to the City Administrator 1 Job Description Job Title: Cable Technician Department: Administration Location: Community Center (Public Access Studio) Shift: Part -time, evenings, weekends Reports To: Assistant to the City Administrator FLSA Status: Non - Exempt Prepared By: Tracy Schaefer Prepared Date: 12 -12 -02 Approved By: City Council Approved Date: Pay Grade: Salary Range: Starting Salary: Part-time pay plan - H SUMMARY This position is responsible to help support a variety of technical video production duties and channel operations with the Television Production Specialist under the general direction of the Assistant to the City Administrator. Responsibilities include broadcast and videotaping of City meetings, editing and technical production support for television programs, and assisting in the operational aspects of the public /government access studio. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned: Providing live, multi- camera coverage of local government meetings. Assist the Television Production Specialist with the set -up and live coverage of local sporting events, community events, and other local meetings utilizing cable access equipment. Update written bulletins. Ability to understand the technical processes necessary to support a video producer with a video project from start to finish, using all tools available. Assist users and volunteers with television equipment and make equipment available for public access producers to check out and/or utilize. Make videotape copies for staff and public where needed. Coordinate automated playback of daily cable programming. These examples are intended only as illustrations of various types of work performed and are not necessarily all- inclusive. The job description is subject to change as the needs of the employee and requirements of the job change, and all other duties as assigned or apparent. SUPERVISORY RESPONSIBILITIES None, unless otherwise assigned. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE Minimum Qualifications: high school diploma or its equivalent and one year experience in the areas of video production; OR equivalent combination of education and experience. DESIRABLE QUALIFCATIONS Knowledge of municipal operations and procedures. MS Office products (word, excel, PowerPoint), Adobe Photoshop, or other comparable graphics software. LANGUAGE SKILLS Excellent written and oral communication skills. Ability to develop and maintain effective work relationships with City staff, public, and other government agencies and organizations. Knowledge of word processing, spreadsheets, and other software applications. Ability to use software packages allowing for desktop publishing, web site development, and Internet use capabilities. MATHEMATICAL SKILLS Ability to apply concepts such as fractions, percentages, ratios, and proportions to practical situations. REASONING ABILITY Ability to define problems collects data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form. CERTIFICATES, LICENSES, REGISTRATIONS Valid drivers license required. OTHER SKILLS AND ABILITIES High level of public contact requiring tact, courtesy and good judgment. Ability to travel independently to and from events being videotaped. Willingness to work independently and provide self - direction within a flexible schedule. Ability to work independently to and from events being videotaped. Ability to work hours outside normal City Hall hours of operation, including evenings and weekends. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel objects, tools, or controls; and talk and hear. The employee frequently is required to stand and reach with hands and arms. The employee must occasionally lift and/or move up to 50 pounds (camcorder and tripod). Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Must have discriminating sense of color. Must have the eye/hand coordination necessary to operate existing videotape editing equipment. Must be able to hold and operate camera /recorder complete with batteries, microphone, and wireless receiver. Must be able to monitor sound with headphones during videotaping. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works near moving mechanical parts; in high, precarious places; and in outside weather conditions and is occasionally exposed to risk of electrical shock. The noise level in the work environment is usually moderate. NON - DISCRIMINATION POLICY The City of Shakopee does not discriminate on the basis of handicapped status in the admission or access to or treatment of employment in its programs and activities. EEO /AA The City of Shakopee does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the admission or access to, or treatment or employment in, its programs, activities or services. CITY OF SHAKOPEE 0";hONSENT MEMORANDUM To: Mayor and City Council Mark McNeill, City Administration From: Mark Themig, Facilities and Recreation Director Meeting Date: December 17, 2002 Subject: Revised Job Descriptions for Recreation Supervisors INTRODUCTION City Council is asked to approve revised job descriptions for three recreation supervisor positions. (Significant changes in position descriptions require City Council approval.) There are no salary changes associated with the proposed revisions. BACKGROUND AND DISCUSSION With the resignation of Tammy Abrahamson, Recreation Supervisor, earlier this fall, and the recent reclassification of the arena position, I have been meeting with department staff to review position responsibilities. The following is a proposed reassignment of position responsibilities. We believe that the proposed changes will allow each of these positions to focus more specifically on related program areas, reduce overlap, and provide for new program development. The three positions and related changes are as follows: 1. Recreation Supervisor - Athletics, Adult Activities, and Summer Programs Proposed Staff Assignment: Sherry Dvorak This position would focus on athletics, adult activities, and summer programs. In addition, it would be responsible for the gymnastics program, coordinating promotion and communication efforts, and select special events. Responsibilities being reassigned include overseeing the Community Center Service Desk and related operations. 2. Recreation Supervisor — Aquatics and Community Center Operations Proposed Staff Assignment: Travis Karlen This position would focus on the Aquatic Park operation, Aquatic Programs, and Community Center Service Desk and related operations. In addition, it would be responsible for health and safety programs and select special events. Responsibilities being reassigned include afterschool and some youth programs. 3. Recreation Supervisor — Youth, Teen, and Senior Programs Proposed Staff Assignment: Vacant This position would focus on preschool, youth, and teen programs, as well as seniors and special event coordination. Responsibilities being reassigned include ice rental, learn -to- skate, warming houses, health and safety classes, and select summer programs. I have attached a summary sheet outlining proposed responsibilities for all recreation supervisor positions, as well as each individual position description being revised. (The Recreation Supervisor — Ice Arena Operation position description was approved by Council in November and is not attached.) Since there is no material change in job content (only reassigning existing responsibilities), Rod Kelsey, the City's Pay Consultant, has determined that further analysis and compensation changes are not required. BUDGETIMPACT None. REQUESTED ACTION If Council concurs, motion to approve revised position descriptions and assign staff to the following positions: 1. Recreation Supervisor - Athletics, Adult Activities, and Summer Programs Proposed Staff Assignment: Sherry Dvorak 2. Recreation Supervisor — Aquatics and Community Center Operations Proposed Staff Assignment: Travis Karlen 3. Recreation Supervisor —Youth, Teen, and Senior Programs Proposed Staff Assignment: Vacant Mark Themig Facilities and Recreation Director Recreation Supervisor Position Responsibilities — 12/10/02 Propose- d__ Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Athletics, Adult Activities, and Summer Programs Aquatics and Community Center Operations Youth, Teen, and Senior Programs Ice Arena Operations .. Sherry Dvorak Travis Ka rlen Vacant Josh Barrick Adult Sports Associations Aquatic Park Operations Preschool Programs Arena Operations • Men's Softball ■ Filtration /Mechanical System ■ Messy Hands ■ Refrigeration System • Women's Softball ■ Water Chemistry ■ Kindersports • Ice Resurfacer • CoRec Softball ■ Preventative Maintenance ■ Alphabet Adventures ■ Preventative maintenance • Men's Basketball ■ Cleaning and upkeep ■ Start Smart ■ Cleaning and upkeep • Women's Power Volleyball ■ Repairs and projects ■ Super Saturdays ■ • Rec /Class D Volleyball p y Repairs and projects Youth Sports Associations Community Center Staffing and Operations Youth Programs Ice Rental • Girl's Basketball ■ Football ■ Service Desk Operation ■ K-4 Afterschool • Marketing • Boys Basketball ■ Softball ■ Facility rental and scheduling ■ 5 -6 Afterschool ■ Scheduling • Baseball ■ Volleyball ■ Special use requests ■ Kindersports ■ Issuing contracts • Soccer ■ Wrestling ■ Special projects ■ Billing ■ Tennis ■Skate Park Birthday Parties ■ Community Center Playtime ■ Community Service Workers Summer /Fall Youth Sports and Playground Programs Aquatic Programs Teen Programs Arena Programs • T- Ball /Nearball (daytime and evening) ■ Learn -To -Swim • 7 -9 Afterschool ■ Learn -To -Skate • Micro - Soccer • Lifeguard Training ■ Ski Club • Adult Open Hockey • Mighty Mites • WSI ■ Goals /21 Century Grant Program ■ Youth /Family Open Hockey • KIDS (daytime and evening) ■ Jr. Lifeguard ■ STARS Committee ■ Adult Leagues (future) • Camp Little O's (daytime and evening) ■ Jr. High Open Swim ■ Intramurals (future) ■ Other program development • Adventure Daycamp • High School Volleyball • Adventures in Summer ■ Boxing Club Adult Programs Health and Safety Programs Seniors Outdoor Ice Rink Supervision • Archery • Babysitting ■ Senior Citizen's Club ■ Scheduling • Dog Obedience • CPR/First Aid ■ Senior Trips ■ Staffing • Aerobics /Fitness Programs ■ Tuesday Cards ■ Coordination with Public Works • Men's/Women's Open Basketball ■ Presentations • Open Volleyball • Women's Volleyball • 3X3 Basketball Special Event Coordination Special Event Coordination Special Event Coordination Special Event Coordination • Summer Carnival ■ Aquatic Park Events ■ Derby Days Events ■ Scary Skate • Happy Birthday America Parade ■ Family Fun Night ■ Senior Expo • Skate with Sabers • Summer Trips ■ Community Center Events ■ Safety Camp ■ Alumni Game /Parents Night ■ Holiday Events ■ Skate and Ski Swap • Teen Nights /Dances • Winter Family Fun Day (outdoor rinks) ■ Music in the Parks Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Athletics, Adult Activities, and Summer Programs Aquatics and Community Center Operations Youth, Teen, and Senior Programs Ice Arena Operations Sherry Dvorak Travis Karlen Vacant Josh Barrick Gymnastics and Tumbling Part-Time Staffing: Part-Time Staffing: Liaison to Hockey Association and High School • Recruitment ■ Recruitment ■ Attend meetings • Training ■ Training ■ Advertising program • Scheduling ■ Scheduling ■ Concession operations • Supervision • Supervision Coordination of Promotion and Communication • Program Catalog • Advertisements • Public Announcements • Web Site • Leisure Ledger Part-Time Staffing: Part-Time Staffing: • Recruitment •Recruitment • Training ■ Training • Scheduling • Supervision ■ Scheduling ■ Supervision Responsibilities being reassigned: Responsibilities being reassigned: Responsibilities being reassigned: Responsibilities being reassigned: ■ Community Center Staffing and Operations ■ K -4 After School ■ Health and Safety Classes ■ Cheerleading ■ Warming Houses ■ Kindersports ■ Walking Club ° ■ Summer Sports (evening) ■ KIDS /Camp Little O's /Adventure in Summer (evening) ■ Adventure Daycamp ■ Ice Arena Scheduling and Rentals ■ Learn -To -Skate Job Description Job Title: Recreation Supervisor Area of Emphasis: Athletics, Adult Activities, and Summer Programs Department: Parks and Recreation Location: Community Center Reports To: Facilities and Recreation Director FLSA Status: Exempt Prepared By: Mark Themig Prepared Date: 12/02 Salary Level: Grade 7 SUMMARY Under the supervision of the Facilities and Recreation Director, this position, is responsible for developing and implementing recreation programs. Aspects of the position include athletics, adult activities, and summer programs, coordinating special events, supervision of part-time and seasonal employees, and budget preparation and monitoring. ESSENTIAL DUTIES AND RESPONSIBILITIES Essential duties and responsibilities include the following. Other duties may be assigned. Develop initial program ideas, then design and implement programs and events to provide services in a variety of program areas. The following are the overall program areas and some examples of the types of programs within each area: • Summer and Fall Youth Sports: T- Ball /Nearball, Micro Soccer • Summer Playground Programs: KIDS, Adventures in Summer, Adventure Daycamp • Adult Activities: Aerobics, Men's and Women's Open Basketball, Archery • Special Events: Summer Carnival, Summer Trips, Happy Birthday America Parade • Gymnastics Serve as department liaison to youth and adult sports associations. Provide support for associations, including preparation of facility and activity schedules, assistance with day - to -day administrative issues, promotion of activities, and working closely with associations to resolve issues and concerns relating to program development and administration. Coordinate promotion and communication activities for the department, including preparing the seasonal program brochure, advertisements, public announcements, web site information, and brochures and flyers. Recruit, interview, and recommend for hire part -time and seasonal personnel. Train and schedule staff to ensure adequate staffing levels to meet programmatic needs. Monitor performance of staff and recommend performance improvement measures or other action as needed. Prepare and submit the operating budget for the facility for review by the Facilities and Recreation Director; propose fees appropriate to meet budgetary requirements, and monitor budget expenditures and revenues. Introduce new program activities, equipment, and materials to staff. Investigate, document and respond to complaints relating to recreation programs. Perform other duties as assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE Bachelor's Degree in recreation, leisure services, or related field; a minimum of one year experience coordinating recreation programs; or equivalent combination of education and experience. SUPERVISORY RESPONSIBILITIES Carries out supervisory responsibilities associated with part -time and seasonal employees in accordance with the organization's policies and applicable laws. Responsibilities include the interviewing, recommending for hire and training of seasonal employees; planning, scheduling, and directing work; monitoring performance; recommending performance actions and resolving problems. LANGUAGE SKILLS Ability to read, analyze, and interpret general business periodicals, professional journals, technical procedures, or governmental regulations. Ability to write reports, business correspondence, and procedure manuals. Ability to effectively present information and respond to questions from groups of managers, clients, customers, and the general public. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest, proportions, percentages, area. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Drivers License PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee is occasionally required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works in outside weather conditions. The noise level in the work environment is usually moderate. COMMENTS This position will frequently require a flexible schedule, which includes significant evening and weekend work. Job Description Job Title: Recreation Supervisor Area of Emphasis: Aquatics and Community Center Operations Department: Parks and Recreation Location: Community Center Reports To: Facilities and Recreation Director FLSA Status: Exempt Prepared By: Mark Themig Prepared Date: 12/02 Salary Level: Grade 7 SUMMARY Under the supervision of the Facilities and Recreation Director, this position, is responsible for the operation of the Aquatic Park, Aquatic Programs, and Community Center services. Aspects of the position include coordinating staffing and operation of the Aquatic Park and Community Center, developing and supervising aquatic programs, coordinating special events, supervision of part -time and seasonal employees, and budget preparation and monitoring. ESSENTIAL DUTIES AND RESPONSIBILITIES Essential duties and responsibilities include the following. Other duties may be assigned. Supervise the operation of the Shakopee Aquatic Park. This includes: • Overseeing and coordinating filtration /mechanical system operations, water chemistry, cleaning and upkeep, preventative maintenance, repairs and projects. • Scheduling and supervising on -duty managers and overseeing lifeguards and assistants. • Developing and conducting training programs for staff. • Coordinating and scheduling group use. • Ordering supplies needed for operations. Supervise the Community Center Service Desk and related Community Center Operations. This includes: • Scheduling and supervising Building Supervisors and Service Desk Attendants. • Developing and conducting training programs for staff. • Overseeing facility rental, scheduling, and special use requests. • Coordinating Community Center programs and services including membership packages, birthday parties, playtime, etc. • Coordinating community service workers and special projects. Coordinate year -round learn -to swim program, which is held at the school district and city facilities. Recruit, interview, and recommend for hire part -time and seasonal personnel. Train and schedule staff to ensure adequate staffing levels to meet programmatic needs. Monitor performance of staff and recommend performance improvement measures or other action as needed. Prepare and submit the operating budget for the facility for review by the Facilities and Recreation Director; propose fees appropriate to meet budgetary requirements, and monitor budget expenditures and revenues. Develop and supervise of other recreation programs as needed. Provide information for brochures, pamphlets, press releases and publications that market programs, activities, and events within areas of responsibilities. Introduce new program activities, equipment, and materials to staff. Investigate, document and respond to complaints relating to recreation programs. Perform other duties as assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE Bachelor's Degree in recreation, leisure services, or related field; a minimum of one year experience coordinating recreation programs, with some experience in aquatic program supervision; or equivalent combination of education and experience. SUPERVISORY RESPONSIBILITIES Carries out supervisory responsibilities associated with part -time and seasonal employees in accordance with the organization's policies and applicable laws. Responsibilities include the interviewing, recommending for hire and training of seasonal employees; planning, scheduling, and directing work; monitoring performance; recommending performance actions and resolving problems. LANGUAGE SKILLS Ability to read, analyze, and interpret general business periodicals, professional journals, technical procedures, or governmental regulations. Ability to write reports, business correspondence, and procedure manuals. Ability to effectively present information and respond to questions from groups of managers, clients, customers, and the general public. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest, proportions, percentages, area. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Drivers License PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee is occasionally required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works in outside weather conditions. The noise level in the work environment is usually moderate. COMMENTS This position will frequently require a flexible schedule, which includes significant evening and weekend work. Job Description Job Title: Recreation Supervisor Area of Emphasis: Youth, Teen, and Seniors Department: Parks and Recreation Location: Community Center Reports To: Facilities and Recreation Director FLSA Status: Exempt Prepared By: Mark Themig Prepared Date: 12/02 Salary Level: Grade 7 SUMMARY Under the supervision of the Facilities and Recreation Director, this position, is responsible for developing and implementing recreation programs. Aspects of the position include youth, teen, and senior recreation programs, working with community groups, coordinating special events, supervision of part-time and seasonal employees, and budget preparation and monitoring. ESSENTIAL DUTIES AND RESPONSIBILITIES The following are the essential duties and responsibilities. Other duties may be assigned. Develop initial program ideas, then design and implement programs and events to provide services in a variety of program areas. The following are the overall program areas and some examples of the types of programs within each area: • Preschool programs: Arts and Crafts activities, Kindersports, Super Saturdays. • Youth programs: K -6 Afterschool activities. • Teen programs: Grade 7 -9 Afterschool activities, Ski Club, STARS Committee, Intramurals. • Seniors: Senior Citizen's Club, Senior Trips, Tuesday Cards, Informational Presentations. • Special Events: Music in the Parks, Derby Days, Senior Expo, Safety Camp, Teen Dances. Work with community groups to develop and nurture relationships, which results in cooperative programs and services that effectively and efficiently utilize resources. Recruit, interview, and recommend for hire part-time and seasonal personnel. Train and schedule staff to ensure adequate staffing levels to meet programmatic needs. Monitor performance of staff and recommend performance improvement measures or other action as needed. Prepare and submit the operating budget for the facility for review by the Facilities and Recreation Director; propose fees appropriate to meet budgetary requirements, and monitor budget expenditures and revenues. Provide information for brochures, pamphlets, press releases and publications that market programs, activities, and events within areas of responsibilities. Introduce new program activities, equipment, and materials to staff. Investigate, document and respond to complaints relating to recreation programs. Perform other duties as assigned. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and /or EXPERIENCE Bachelor's Degree in recreation, leisure services, or related field; a minimum of one year experience coordinating recreation programs; or equivalent combination of education and experience. SUPERVISORY RESPONSIBILITIES Carries out supervisory responsibilities associated with part -time and seasonal employees in accordance with the organization's policies and applicable laws. Responsibilities include the interviewing, recommending for hire and training of seasonal employees; planning, scheduling, and directing work; monitoring performance; recommending performance actions and resolving problems. LANGUAGE SKILLS Ability to read, analyze, and interpret general business periodicals, professional journals, technical procedures, or governmental regulations. Ability to write reports, business correspondence, and procedure manuals. Ability to effectively present information and respond to questions from groups of managers, clients, customers, and the general public. MATHEMATICAL SKILLS Ability to calculate figures and amounts such as discounts, interest, proportions, percentages, area. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES, LICENSES, REGISTRATIONS Valid Minnesota Drivers License PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to talk or hear. The employee is occasionally required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee must occasionally lift and /or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works in outside weather conditions. The noise level in the work environment is usually moderate. COMMENTS This position will frequently require a flexible schedule, which includes significant evening and weekend work. Recreation Supervisor Position Responsibilities — 12/10/02 Proposed Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Athletics, Adult Activities, and Summer Programs Aquatics and Community Center Operations Youth, Teen, and Senior Programs Ice Arena Operations Sherry Dvorak Travis Karlen Vacant Josh Barrick Adult Sports Associations Aquatic Park Operations Preschool Programs Arena Operations • Men's Softball ■ Filtration /Mechanical System ■ Messy Hands ■ Refrigeration System • Women's Softball ■ Water Chemistry ■ Kindersports ■ Ice Resurfacer • CoRec Softball ■ Preventative Maintenance ■ Alphabet Adventures ■ Preventative maintenance • Men's Basketball ■ Cleaning and upkeep ■ Start Smart ■ Cleaning and upkeep • Women's Power Volleyball ■ Repairs and projects ■ Super Saturdays ■ Repairs and projects • Rec /Class D Volleyball Youth Sports Associations Community Center Staffing and Operations Youth Programs Ice Rental • Girl's Basketball ■ Football ■ Service Desk Operation ■ K -4 Afterschool ■ Marketing • Boy's Basketball ■ Softball ■ Facility rental and scheduling ■ 5 -6 Afterschool ■ Scheduling • Baseball ■ Volleyball ■ Special use requests ■ Kindersports ■ Issuing contracts • Soccer ■ Wrestling ■ Special projects ■ Billing ■ Tennis ■ Skate Park ■ Birthday Parties ■ Community Center Playtime ■ Community Service Workers Summer /Fall Youth Sports and Playground Programs Aquatic Programs Teen Programs Arena Programs • T- Ball /Nearball (daytime and evening) ■ Learn -To -Swim ■ 7 -9 Afterschool ■ Learn -To -Skate • Micro - Soccer ■ Lifeguard Training ■ Ski Club ■ Adult Open Hockey • Mighty Mites ■ WSI ■ Goals /21 Century Grant Program ■ Youth /Family Open Hockey • KIDS (daytime and evening) ■ Jr. Lifeguard ■ STARS Committee ■ Adult Leagues (future) • Camp Little O's (daytime and evening) ■ Jr. High Open Swim ■ Intramurals (future) ■ Other program development • Adventure Daycamp ■ High School Volleyball • Adventures in Summer ■ Boxing Club Adult Programs Health and Safety Programs Seniors Outdoor Ice Rink Supervision • Archery ■ Babysitting ■ Senior Citizen's Club ■ Scheduling • Dog Obedience ■ CPR/First Aid ■ Senior Trips ■ Staffing • Aerobics /Fitness Programs ■ Tuesday Cards ■ Coordination with Public Works • Men's/Women's Open Basketball ■ Presentations • Open Volleyball • Women's Volleyball • 3X3 Basketball Special Event Coordination Special Event Coordination Special Event Coordination Special Event Coordination • Summer Carnival ■ Aquatic Park Events ■ Derby Days Events ■ Scary Skate • Happy Birthday America Parade ■ Family Fun Night ■ Senior Expo ■ Skate with Sabers • Summer Trips ■ Community Center Events ■ Safety Camp ■ Alumni Game /Parents Night ■ Holiday Events ■ Skate and Ski Swap ■ Teen Nights /Dances ■ Winter Family Fun Day (outdoor rinks) ■ Music in the Parks Continued on back. Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Recreation Supervisor: Athletics, Adult Activities, and Summer Programs Aquatics and Community Center Operations Youth, Teen, and Senior Programs Ice Arena Operations Sherry Dvorak Travis Karlen Vacant Josh Barrick Gymnastics and Tumbling Part -Time Staffing: Part-Time Staffing: Liaison to Hockey Association and High School • Recruitment ■ Recruitment ■ Attend meetings • Training ■ Training ■ Advertising program • Scheduling ■ Scheduling ■ Concession operations • Supervision ■ Supervision Coordination of Promotion and Communication • Program Catalog • Advertisements • Public Announcements • Web Site • Leisure Ledger Part-Time Staffing: Part-Time Staffing: • Recruitment ■ Recruitment • Training ■ Training • Scheduling ■ Scheduling • Supervision ■ Supervision Responsibilities being reassigned: Responsibilities being reassigned: Responsibilities being reassigned: Responsibilities being reassigned: ■ Community Center Staffing and Operations ■ K -4 After School ■ Health and Safety Classes • Cheerleading ■ Warming Houses • Kindersports ■ Walking Club ■ Summer Sports (evening) ■ KIDS /Camp Little O's /Adventure in Summer (evening) ■ Adventure Daycamp ■ Ice Arena Scheduling and Rentals ■ Learn -To -Skate City of Shakopee Memorandum CUNISENT To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Police Chief Date: December 12, 2002 Subject: Resignation of Probationary Police Officer Asher Weidemann Introduction The City Council is asked to accept the resignation of probationary police officer Asher Weidemann. Background The City Council authorized the appointment of Asher Weidemann as a probationary police officer effective February 15, 2002. Officer Asher Weidemann offered a letter of resignation on December 12, 2002. Recommendation Staff recommends the City Council accept the resignation of probationary police officer Asher Weidemann Action Requested If Council concurs they should, by motion, accept the resignation of probationary police officer Asher Weidemann. Ill ghes Chief of Police Chief Dan Hughes Shakopee Police Department 471 Gorman St Shakopee, Mn 55379 12 -12 -02 Chief Hughes, After due consideration, I am resigning my position as Police Office for the city of Shakopee effective immediately. It has been a pleasure working for the Shakopee Police Department. I am honored to have had the privilege of working side by side with each individual of the staff. I wish everyone the greatest successes in the future. Sincerely, Asher Weidemann CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Position Classification Placements — Part Time Plan Continuation of the 2002 Employee Rates of Pay Into 2003 DATE: December 13, 2002 INTRODUCTION: The Council is asked to approve a change to the Full Time and Part Time Pay Plans for the City of Shakopee. This moves three positions, which regularly work less than 30 hours per week, from the Full Time Plan, to the Part Time Plan. In addition, if approved as part of the discussion on the City's response to the State Financial situation, the same resolution would continue the 2002 rates of pay into 2003 should be considered. BACKGROUND: When the new pay plan was adopted January 1, 2002, three positions were shown in Grade 1 of the Full Time Plan — Building Supervisor and Ice Arena Supervisor (both positions in the Community Center), and Receptionist. After further review, because those positions regularly work less than 30 -hours per week, they should not be on the Full Time Plan, but instead should be placed at Grade H of the Part Time Pay Plan. By doing this, all positions regularly scheduled for 30 -hours per week will be on the same plan. In addition, if approved earlier on the December 17 agenda by the Council, there will be a need to continue 2002 employee pay rates into 2003. That needs to be done by resolution. BUDGET IMPACT: There is no change in pay as a result of the placement of the part-time positions as described - -that is a "housekeeping" action. There is no current added impact on the City's budget by continuing the 2002 rates into 2003 - -the impact will be at the time that the Council would choose to adjust the 2002 non -union and City officer rates of pay. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5838 A RESOLUTION CONTINUING IN EFFECT THE 2002 PAY SCHEDULE FOR THE OFFICERS AND NON -UNION EMPLOYEES OF THE CITY OF SHAKOPEE AND PART -TIME EMPLOYEES, AND MODIFYING THE FULL AND PART -TIME PAY PLANS REGARDING POSITION PLACEMENT Mark McNeill City Administrator MM:th xz � tSeco RESOLUTION NO. 5838 A RESOLUTION CONTINUING IN EFFECT THE 2002 PAY SCHEDULE FOR THE OFFICERS AND NON -UNION EMPLOYEES OF THE CITY OF SHAKOPEE AND PART -TIME EMPLOYEES WHEREAS, on October 16, 2001, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5600, approving the 2002 Pay Schedule for the officers and non -union employees of the City of Shakopee; and WHEREAS, on December 4, 2001, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5625, approving the 2002 Pay Schedule for the part- time employees of the City of Shakopee; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to continue to issue warrants upon the City Treasury from and after December 31, 2002, payable to full -time and part-time non -union employees of the City of Shakopee, in accordance with the 2002 Pay Plans as attached. Adopted in session of the City of Shakopee, Minnesota, held this day of 9 2002. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5838 A RESOLUTION CONTINUING IN EFFECT THE 2002 PAY SCHEDULE FOR THE OFFICERS AND NON -UNION EMPLOYEES OF THE CITY OF SHAKOPEE AND PART -TIME EMPLOYEES, AND MODIFYING THE FULL AND PART -TIME PAY PLANS REGARDING POSITION PLACEMENT WHEREAS, on October 16, 2001, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5600, approving the 2002 Pay Schedule for the officers and non -union employees of the City of Shakopee; and WHEREAS, on December 4, 2001, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5625, approving the 2002 Pay Schedule for the part- time employees of the City of Shakopee; and; WHEREAS, the 2002 Pay Plan for full -time employees shall be modified to eliminate the positions of Receptionist, Building Supervisor, and Ice Arena Supervisor, and that the 2002 part-time pay plan shall be modified to add the position of Receptionist to Grade H of said plan; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to continue to issue warrants upon the City Treasury from and after December 31, 2002, payable to full -time and part-time non -union employees of the City of Shakopee, in accordance with the 2002 Pay Plans as attached. BE IT FURTHER RESOLVED, that the Pay Plans for the Officers and Non -Union Employees, and Part-time employees of the City of Shakopee shall be modified to eliminate the positions of Receptionist, Ice Arena Supervisor, and Building Supervisor from the Full -time plan, and that the Receptionist position is added to the Part-time plan Adopted in session of the City of Shakopee, Minnesota, held this day of , 2002. Mayor of the City of Shakopee ATTEST: City Clerk City of Shakopee, Minnesota 200 CLAS5IFICATIO GRADE LEVELS AND PAY MA IIVIUMS Yj [Listed Alphabetically] ; Classification Titles Grade Levels 2 002 Pay Maximums City Administrator 13 $96,300 Chief of Police 11 $80,900 Community Development Dir. 11 $80,900 Finance Director 11 $80,900 PW Director/ Engineer 11 $80,900 Deputy Chief of Police 10 $72,300 Facility / Recreation Director 10 $72,300 o. a .,. - • �;.. � ... _ � ,... Assistant City Engineer 9 $65,700 Natural Resources Director 9 $65,700 ' Assistant Finance Director 8 $59,700 Building Official 8 $59,700 City Clerk 8 $59,700 EDA Coordinator 8 $59,700 MIS Coordinator 8 $59,700 Planner 2 8 $59,700 Police Sergeant 8 # Project Coordinator 8 $59,700 Project Engineer 8 $59,700 Public Works Supervisor 8 $59,700 F Asst. to the City Administrator 7 $54,300 Building Inspector 7 $54,300 Fire Inspector 7 $54,300 Payroll / Benefits Coordinator 7 $54,300 Police Officer 7 # Recreation Supervisor 7 $54,300 Technician 4 7 $54,300 -.Y°. <�l:u �^r�,xtr g � a � .F. 3,.iw.. ShxTl,n.�� Classification Title Proposed Grade Level Proposed Pay Maximum Planner 1 6 $49,400 Planner 1 - GIS /CADD 6 $49,400 Technician 3 6 $49,400 Deputy City Clerk 5 $44,900 Executive Secretary 5 $44,900 Graduate Engineer 1 5 $44,900 Mechanic 5 # Park Lead Worker 5 # Senior Accounting Clerk 5 $44,900 Street Lead Worker 5 # Accounting Clerk 2 4 $40,800 Engineering Secretary 4 $40,800 Ice Arena Maint. Operator 4 $40,800 Maintenance Worker # Planning Secretary 4 $40,800 Police Records Specialist 4 $40,800 Police Secretary 4 $40,800 Secretary - Bldg. Inspection 4 $40,800 Secretary - Park / Recreation 4 $40,800 Television Production Specialist 4 $40,800 Technician 2 4 $40,800 Office Service Worker 3 $37,100 Records Technician (Police) 3 $37,100 Bldg. Maint. Worker - City Hall 2 $33,700 CSO 2 $33,700 Customer Svc. Representative 2 $33,700 Facilities Maintenance Worker 2 $33,700 Records Clerk (Office of the City Clk.) 2 $33,700 Unused 1 $30,600 # Union positions are classified but are to be paid at negotiated contract rates. 1/2002 City o f Shakopee, Mir - ,, esota 2002 {CL' GRAD °E ;LEVELS AND PAY 1V -# , Alphabetically , ,], . '..� .; Classification Titles Grade Levels 2002 Pay Maximums City Administrator 13 $96,300 Chief of Police 11 $80,900 Community Development Dir. 11 $80,900 Finance Director 11 $80,900 PW Director/ Engineer 11 $80,900 k Deputy Chief of Police 10 $72,300 Facility / Recreation Director 10 $72,300 Assistant City Engineer 9 $65,700 Natural Resources Director 9 $65,700 Assistant Finance Director 8 $59,700 Building Official 8 $59,700 City Clerk 8 $59,700 EDA Coordinator 8 $59,700 MIS Coordinator 8 $59,700 Planner 2 8 $59,700 Police Sergeant 8 # Project Coordinator 8 $59,700 Project Engineer 8 $59,700 Public Works Supervisor 8 $59,700 Asst. to the City Administrator 7 $54,300 Building Inspector 7 $54,300 Fire Inspector 7 $54,300 Payroll / Benefits Coordinator 7 $54,300 Police Officer 7 # Recreation Supervisor 7 $54,300 Technician 4 7 $54,300 CITY OF SHAKOPEE 2002 Part -Time Pay Plan Start 6 months 1 year 2 years 3 years Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Accountant M $14.103 $14.517 $14.932 $15.762 $16.591 Engineering Inspector M $14.103 $14.517 $14.932 $15.762 $16.591 Building Inspector M $14.103 $14.517 $14.932 $15.762 $16.591 , Snow Plow Operator M $14.103 $14.517 $14.932 $15.762 $16.591 Recreation Instructors L $13.230 $13.619 $14.008 $14.786 $15.564 Not Used K $12.411 $12.776 $13.141 $13.871 $14.601 Not Used 1 $11.592 $11.933 $12.274 $12.955 $13.637 Asst Aquatic Manager 1 $10.867 $11.187 $11.506 $12.145 $12.785 Code Enforcement Officer H $10.142 $10.441 $10.739 $11.335 $11.932 Recording Secretary H $10.142 $10.441 $10.739 $11.335 $11.932 Office Clerical Worker H $10.142 $10.441 $10.739 $11.335 $11.932 Water Safety Instructor H $10.142 $10.441 $10.739 $11.335 $11.932 Building Supervisor H $10.142 $10.441 $10.739 $11.335 $11.932 Arena Supervisor H $10.142 $10.441 $10.739 $11.335 $11.932 Maintenance Laborer H $10.142 $10.441 $10.739 $11.335 $11.932 Mechanics Helper H $10.142 $10.441 $10.739 $11.335 $11.932 Engineering Intern H $10.142 $10.441 $10.739 $11.335 $11.932 Receptionist H $10.142 $10.441 $10.739 $11.335 $11.932 Cable Technician H $10.142 $10.441 $10.739 $11.335 $11.932 Student Intern G $9.511 $9.791 $10.071 $10.630 $11.190 Lifeguard F $8.880 $9.141 $9.402 $9.925 $10.447 Water Safety Aid F $8.880 $9.141 $9.402 $9.925 $10.447 Recreation Leader F $8.880 $9.141 $9.402 $9.925 $10.447 Service Desk Attendant F $8.880 $9.141 $9.402 $9.925 $10.447 Unused E $8.329 $8.574 $8.819 $9.309 $9.799 Rink Attendant C $7.282 $7.496 $7,710 $8.139 $8.567 Recreation Asst. C $7.282 $7.496 $7.710 $8.139 $8.567 Aquatics Assistant C $7.282 $7.496 $7.710 $8.139 $8.567 Adopted 12/4/01 City of Shakopee TO: Mayor and City i Council ty C Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License Renewals DATE: December 12, 2002 INTRODUCTION: The City has received two applications for renewal of a tattoo license. BACKGROUND: Linda Malone, Lucky Linda's Body Art, 205 South Lewis Street and Susan Prince, Permanent Cosmetics by Susan, 287 South Marschall Road, have applied for renewal of their tattoo license. Ms. Malone has hired additional employees to also practice tattooing at her establishment. Background investigations were conducted by the Police Department and licenses were issued to those applicants. Scot Neverdahl and Claudia Baca wish to renew their licenses also. It is appropriate that these licenses also be renewed at this time. The applications are in order and the required certificates of insurance are on order. I have checked with the Chief of Police and he has advised me that he is unaware of any reason that the licenses should not be renewed. Prior to the issuance of the initial licenses to Ms. Malone and Ms. Prince, a sanitarian conducted an inspection of the subject premises to determine that they met the requirements of the City Code. It is appropriate that an inspection of the premises be made each year, preferable at the time of license renewal. Mr. Robert Servian, a Sanitarian from the City of Bloomington, has agreed to conduct an inspection of each of the premises and provide a written report prior to December 27th. The licenses will not be delivered until all requirements of the City Code are met. RECOMMENDED ACTION: 1. Approve the applications and grant a Tattoo License to Linda Malone, Lucky Linda's Body Art, 205 South Lewis Street, and to Susan Prince, Permanent Cosmetics by Susan, 287 South Marschall Road, contingent upon meeting all requirements of the City Code. 2. Approve the issuance of a Tattoo Employee License to Scot Neverdahl and Claudia Baca at Lucky Linda's Body Art, 205 South Lewis Street, contingent upon meeting all requirements of the City Code. CITY OF SHAKOPEE Memorandum GUNSENT TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 2003 Workers Compensation Insurance DATE: December 13, 2002 Introduction The Workers Compensation policy for the City and Utilities Commission is up for renewal. Background This is a routine item that the work comp policy for the city renews on January 1. The renewal is with the same terms as last year, namely with a $500 deductible on medical coverage. The deposit premium last year was $105,252 and this year it is $123,205. Actual cost is based on the actual figures calculated after the end of the year. The League of Cities Insurance Trust has an excellent program. There is probably nothing in the market place that can compare to this program. Action Move to approve the renewal of the workers compensation with the League of Cities Insurance Trust for a deposit premium of $123,205. Gregg Voxland Finance Director g: \finance \docs \insure \workcomp CITY OF SHAKOPEE Memorandum C T ull TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 2003 Fee Schedule Amendment DATE: December 5, 2003 INTRODUCTION: City Council is asked to adopt the attached Ordinance No. 646 which amends fees for 2003 for heating, air conditioning, refrigeration, and ventilation permits. BACKGROUND: On November 19, 2002, City Council adopted Ordinance No. 644 which established fees of licenses, permits, services, and documents for 2003. The increases in fees for permits for heating, air conditioning, refrigeration, and ventilation were not included in this ordinance. Council is asked to adopt increased fees for these permits, as recommended by the Building Official. RECOMMENDED ACTION: Offer Ordinance No. 646, Fourth Series, An Ordinance Setting Fees for City Licenses, Permits, Services and Documents, and move its adoption. ORDINANCE NO. 646, FOURTH SERIES AN ORDINANCE SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year 2003, and WHEREAS, the City Council has determined that adjustments to those fees are reasonable and appropriate. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Shakopee, Minnesota, that the 2003 Fee Schedule adopted by Ordinance No. 644, is hereby amended as follows: Heating, Air Conditioning Refrigeration, and Ventilation Permits hereby set as follows: Minimum Fee $20.00 $45.00 + $.50 State Surcharge Single Family Residence $40.00 $80.00 + $.50 State Surcharge Central Air Conditioning (at the time $ 6.00 of new construction) + $.50 State Surcharge Fireplace - Includes Gas Permit $40.00 $45.00 + $.50 State Surcharge (Included with new single family residence above) Commercial fee shall be computed at 1.27% of the contract plus State Surcharge. Lawn Sprinkler Systems - Residential $45.00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker), 1.27% of contract price. BE IT FURTHER ORDAINED, that this ordinance shall become effective on January 1, 2003 and all other ordinances and resolutions inconsistent herewith shall be repealed effective January 1, 2003. Adopted in adjourn regular session of the City Council of the City of Shakopee, Minnesota, held this 17 day of December, 2003. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Appointments — SPUC, Planning Commission Vacancies DATE: December 12, 2002 INTRODUCTION: At its meeting of December 17 the Council may be asked to act upon recommendations to fill vacancies currently existing on the Shakopee Public Utilities, and the Shakopee Planning Commission/Board of Adjustment and Appeals. BACKGROUND: A vacancy has existed on the SPUC board since the October death of Robert Sweeney. In addition, the Council has previously accepted the resignation of Planning Commissioner Mark Houser, who will vacate his seat January 1 when he moves to a residence outside the City limits. Advertisements for each of the vacancies were made in November, through the usual sources. One applicant was received for each. Cole VanHorn has made application for the SPUC vacancy, and Ryan Magin applied for the Planning Commission/BOAA. An interview panel made up of Councilors Joos and Lehman, and the Vice Chair of the Planning Commission and Commissioner Mark Miller (due to the impending vacancy of the Vice Chair position), will interview the candidates just prior to the December 17 meeting. A recommendation regarding filling those vacancies will be made at the meeting. ACTION REQUIRED: If appointments are to be made to the Board of the Shakopee Public Utilities Commission, and the Shakopee Planning Commission and Board of Adjustment and Appeals, council should adopt the following resolutions: RESOLUTION NO. 5835 A RESOLUTION APPOINTING RYAN MAGIN TO THE SHAKOPEE PLANNING COMMISSION AND BOARD OF ADJUSTMENT AND APPEALS AND RESOLUTION NO. 5834 A RESOLUTION APPOINTING COLE VANHORN TO THE SHAKOPEE PUBLIC UTILITIES COMMISSION lu�_` Mark McNeill City Administrator MM:th RESOLUTION NO. 5835 A RESOLUTION APPOINTING RYAN MAGIN TO THE SHAKOPEE PLANNING COMMISSION AND BOARD OF ADJUSTMENT AND APPEALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointment is hereby made: Ryan Magin is appointed to the Shakopee Planning Commission and Board of Adjustment and Appeals to fill the unexpired term of Mark Houser, expiring February 28, 2005. Adop� ted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 17 day of December, 2002. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5834 A RESOLUTION APPOINTING COLE VANHORN TO THE SHAKOPEE PUBLIC UTILITIES COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointment is hereby made: Cole VanHorn is appointed to the Shakopee Public Utilities Commission to fill the unexpired term of Bob Sweeney, expiring April 1, 2004. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 17 Adopted of December, 2002. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Acceptance of Resignation - SPUC DATE: December 12, 2002 INTRODUCTION: The Council is asked to accept the resignation of David Thompson from his position on the Shakopee Public Utilities Commission Board, effective January 1, 2003. BACKGROUND: David Thompson was first appointed to the Board of the Shakopee Public Utilities Commission in 1997. At the end of this month, he and his family will be moving to a new residence in the City of Prior Lake. Because of the change in residency, he is no longer eligible to serve on SPUC. A letter of resignation from Mr. Thompson is attached. In order to fill the vacancy as soon as possible, a separate advertisement could be placed. However, in January, the City normally advertises for all vacancies that will exist as of February 28 when boards and commissions terms normally cease. However, in the case of SPUC, those terms expire March 31 The alternative would be to wait and have the vacancy advertised as part of the general advertisement; however, I know that with the prolonged vacancy caused by the illness and death of Bob Sweeney, SPUC will be anxious to have a full board of directors as soon as possible. Mr. Thompson does note a provision in State law that allows a City Council the option of whether or not to accept the resignation. If Council does not accept the resignation at this time; he offers to serve until the end of his term, which would be March 31, 2003. Another option would be to allow him to continue to serve until a replacement can be found. Either option would keep SPUC at "full- strength ". Note that the section of State Law which addresses public utility membership does not require a member of a public utilities commission to be a resident of the service area. However, a council may choose to require that. (The City Code does require residency for other advisory boards and commissions.) RECOMMENDATION: I recommend that the resignation be accepted with regret, but that Dave Thompson be allowed to remain on the SPUC Board until a replacement can be appointed. Further, staff should be directed to advertise the vacancy. ACTION REQUIRED: If Council concurs, it should, by motion, accept with regret the resignation of David Thompson from his position on the Shakopee Public Utilities Commission, but that the resignation not become effective until a replacement is found. Further, staff should be directed commence advertising for a replacement. U , kQ Mark McNeill City Administrator MM:th CC: Lou VanHout DEC -12 -2002 12:29 SHAKOPEE PUBLIC UTILITIES 9524457767 P.02 NGnnesota Statu� Table of Chante tA ; lt DtuVJ Table .,f cQn teats for Chapter 41 � 412.341 COMML S810n; membership, organization. Subdivision 1. Membership. The commission shall consist of three members appointed by the council. No more than one member may be chosen from the council membership. Each member shall serve for a term of three years and until a successor is appointed and qualified except that of the members initially appointed in any city, one shall serve for a term of one year, one for a term of two years, and one for a term of three years. Residence shall not be a qualification for membership on the commission unless the council so provides. A vacancy shall be filled by the council for t e unexpired term. Subd. 2. Rules; officers, salary. The commission shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by the commission each month. It shall annually choose a president from among its own members. it shall also appoint a secretary for an indefinite term. The secretary need not be a member of the commission and may be the city clerk. No member of the commission shall receive a salary except as fixed by the council. The secretary shall receive a salary fixed by the commission. HIST: 1949 c 119 s 44; 1951 c 37 8 s 12; 1973 c 123 art 2 s 1 subd 2; 1956 c 444 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. http: / /www. revisor. leg .state.mn.us /st02/412/341.html 12/12/2002 DEC -12 -2002 12:30 SHAKOPEE PUBLIC UTILITIES 9524457767 P.04 1'- c ] 1E ORDINANCE NO. 628, FOURTH SERIES A ooh � IC7 AN omNANCE OF TBE CITY OF SHAKOPEE, MIlVI�IESOT oe 2 s-4 INCREASING MEMB,ERSHM ON TEE SE AKOPEE PITBLIC Z Y a UTU=S CONMSSIONFROM 173M TO FIVE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MMMOTA, ORDAWS: Section 1. Section 2.54, Subd.1 of the City Code is amended to read as follows: Subd. 1. Member3W. In accordance with Chapter 226 of Nimnesota Laws, 2002, -no the Commission shall consist of dee-9) five (Q members appointed by the Council, and their compensation shall be set by the Council. No more than one (1) member shall be a member of the Council. Each member shall serve for a term of three (3) years except that the fast appointee to the fourth seat shall have an initial term exyirine April 1 2004 and the first appointee to the fifth seat shall an initial term expiring on April 1, 2005, and until a successor is appointed and qualified Carnmission members must reside within the corporate limits of the City at the time of their appointmeat to the Commission and if they moue outside of the corporate limits during their term of office they shall tender their resignation to the �.—�- Council who may accept or reject it. If the Council rejects the resignation, said Commissioner may complete the Commissionees term of office. Section 2 . Effective Date. This ordinance becomes effective from and after its passage and l publication. Adopted in adj. regular session of the City Council ofthe Ciry of Shakopee, Minnesota, held the 1_ day of 2002. Mayor of the City of Shakopee ATTEST: ity Clerk Published in the Shakopee Valley News on the ; day of 2002. 1Tr- 21;2fl03v1 SE 155 -23 TOTAL P.04 December 12, 2002 Mayor Bill Mars & Shakopee City Councilmembers Gentlemen: It is with regret that I must notify you of my resignation from the Shakopee Public Utilities Commission, to be effective December 27 It is on that date that my family and I are moving to a new residence in the City of Prior Lake, which will therefore make me ineligible to continue serving on SPUC. My understanding of the by -laws is that the City Council does have the option of whether or not to accept the resignation. If acceptable to you, I would be pleased to serve out the remainder of my term, through March 31, 2003. My thanks to you, and to the Commissioners and staff at Shakopee Public Utilities, for allowing me to serve Shakopee in this manner. I intend to remain active in Shakopee through other volunteer capacities. Sincerely, Dave Thompson i�. F: City of Shakopee Memorandum C 0 N 1" N T TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnshop License Renewals DATE: December 4, 2002 INTRODUCTION AND BACKGROUND: On April 19, 1994, the City Council adopted an ordinance requiring the licensing of pawnbrokers, precious metal dealers, secondhand dealers, pawnshops, and their employees. The City received applications from two pawnshops and their employees and licenses were issued. It is appropriate at this time that the licenses are renewed for 2003. Both DRM LLC of Shakopee, dba Excel Pawn and PawnXchange LLC have applied for renewal of their licenses. The applications are in order. I have checked with the Chief of Police and he has advised that he is unaware of any reason that the licenses should not be renewed. (Pursuant to the City Code, the City Clerk will be issuing the pawnshop employee licenses to the qualifying applicants.) RECOMMENDED ACTION: 1. Approve the application and grant a Pawnshop License to DRM LLC of Shakopee, dba Excel Pawn, 450 West First Avenue. 2. Approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Andrew Pearson, DRM LLC of Shakopee, dba Excel Pawn, 450 West 1 st Avenue. 3. Approve the application and grant a Pawnshop License to PawnXchange LLC, 1133 Canterbury Road. 4. Approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Mark Smith and Sherri Marzario, PawnXchange LLC, 1133 Canterbury Road. S. Cox I:PawnshopCCMemo J ' h City of Shakopee N S"' WE N T Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Taxicab License Renewal DATE: December 11, 2002 INTRODUCTION: Mr. Oscar Salas has applied for renewal of his Taxicab License. It is appropriate that action be taken on his application at this time. BACKGROUND: Mr. Salas was issued a Taxicab License on December 19, 2000 for his business known as Shakopee Taxi. The application is in order and the required certificate of insurance is on order. I have checked with the Chief of Police and he has advised me that he is unaware of any reason that the license should not be renewed. Mr. Salas has informed me that his rates for 2003 are $1.60 per mile, with a $7.00 minimum. ...:............::.: (Pursuant to the City Code, the City Clerk will be issuing the taxicab driver's licenses to qualifying applicants upon their compliance with the requirements for obtaining such a license.) RECOMMENDED ACTION: Approve the application and grant a Taxicab License to Oscar Salas, Shakopee Taxi, contingent upon meeting all requirements of the City Code. I:Licenses/TaxicabCCMemo CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: January Workshops DATE: December 17, 2002 INTRODUCTION: The Council is asked to establish two workshop dates in January to meet as the City Council. BACKGROUND: The appointment of Joe Helkamp to the City Council, and the need to discuss departmental budget cuts has lead to a need to establish two special workshop dates. I suggest that these be held shortly after the first of the year. Last April, the City adopted eleven goals to pursue over the next 18 — 24 months. Some of them have been accomplished; others have not yet been started. The goals established last spring may have an impact on how the City addresses its budget cuts. In addition, the Council is also asked to discuss further the citizens' service survey, which was brought up at the December 3 Council meeting. The survey may also be of assistance in determining longer -term goals, and may also impact budget cuts. However, the results of the survey would not be available for a couple of months. In addition, by the middle of January, department heads will have finalized their suggestions as to what could be cut from their budget, should there be that need. This is one of the items to be discussed earlier this evening, on the agenda. RECOMMENDATION: I recommend that budget workshops be established in January. Also, January 20 is Martin Luther King Day, and, as such, no �ublic meetings can be held. (If possible, I would personally like to avoid January 14 and 28 which are the second and fourth Tuesdays, normally days that workshops are held. However, I can adjust my schedule.) Attached is a calendar showing January 2003. ACTION REQUIRED: If the Council concurs, it should, by motion, call for two special workshop dates in January. We assume a 6:00 p.m. start. Mark McNeill City Administrator MM:th a n u a 0 03 January 2003 February 2003 S M T W T F S S M' T W' T F' S 1 2 3 4 1 AF 5 =6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18;' 9 10 11 12'i 13 14 15 19 20 21 22 23 '` 24 25 16 17 = 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26f 27 28 Mo'hday Tdbsday Wednesday Thursday Friday, Sat /Sure w: a!� ., "� January L,O 3 2 3 8:00am City Hall Closed 6 7 8 9 10 11 5:00pm SPUC Meeting 7:00pm City Council Meeting 7:00pm Telecommunications 7:00pm Planning Commission Commission 7:30pm Environmental Committee 1 13 14 15 16 17 1 6:30pm EDAC Meeting 1 20 21 22 23 24 2 8:00am City Hall Closed 7:00pm City Council Meeting 7:00pm Planning Commission 2 , 27 28 29 30 31 7 :00pm Park and Recreation Toni Huber 1 12/17/02 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Response — State Financial Situation DATE: December 12, 2002 INTRODUCTION: The Council is asked to give direction as to preparations and responses to be taken by the City, in view of the looming State budget deficit. Specific decisions are asked on hiring issues, and a cost of living adjustment for non - contract employees. BACKGROUND: Early in 2002, it was apparent that a softening economy was creating problems for the State of Minnesota's financial outlook. While the 2002 legislature was able to use one- time monies to address financial problems for the short term, it did not address the longer -term structural issues. Meanwhile, the City of Shakopee, along with other local governmental jurisdictions in Minnesota, prepared its budget, aware that a large budget deficit at the State level could be passed down to cities and counties in the form of reduced State aids. As a result, the 2003 budget that was adopted by the City Council on December 3 rd did not include Local Government Aid (LGA), which over the years has dwindled to $165,000 in Shakopee. The City anticipated that other cuts might be forthcoming. On December 5 the State announced a projected deficit for the biennium in the amount of $4.58 billion, more than $2 billion higher than what had been projected only a few months before. It is also been noted that while the budget forecast assumes inflation for revenues, it does not include inflation for expenditures, so the actual deficit might be larger, barring a significant economic turnaround. The 2003 Legislature will convene in January; the deficit will be the overwhelming discussion item of the legislative session. Given the severity of the budget shortfall, it is probable that the cities will be asked to share a larger portion of the shortfall than what had been originally projected. While it is unlikely that the State will be able to reduce Municipal State Aid to Streets (which comes from a constitutionally dedicated fund), and it is less likely that fire aid and police aid will be affected, one potential reduction beyond what was budgeted by the City is "Market Value Credit ". MVC is a tax relief provided to property taxpayers, that is sent to cities and counties directly from the State. The MVC for Shakopee will be in the $550,000, to $650,000 range. In addition, there is also a possibility that the Fiscal Disparities Distribution formula may be changed — Shakopee already loses 8% of its tax -base to this metropolitan -area tax -base sharing program. DISCUSSION: $650,000 is 6% of the City's operating budget. If the State chooses to withhold this, the City would be put in the position of having to make adjustments in expenditures to keep its budget balanced. The City can be proactive in anticipating this shortfall by doing the following: Hiring Freeze — Earlier this year, the Council enacted a hiring freeze, which was modified a few months ago from an "absolute" hiring freeze, to one that is reviewed on a case -by -case basis. If an absolute freeze is to be reimplemented, staff would like direction on the following: 1] Police Officer Positions — The Civil Service Commission is finalizing a job eligibility list for police officers. The 2003 budget continues four currently vacant positions, which are needed and would be filled in the event of favorable financial conditions. See the attached memo from Chief Hughes on the impact of not filling these positions to expand the strength of the Department. However, there are also vacancies that will be created as a result of resignations — the December 17 agenda has one such resignation. The Council needs to give direction as to whether those previously filled positions should be refilled immediately, so as not to lose current staffing levels. 2] Community Service Officer — There currently exists an unfilled 20 hour per week vacancy. The Council has previously given code enforcement a high priority. Not filling this position will make that more difficult. Again, please reference the memo from Chief Hughes. 3] Additional Mechanic — Public Works Department — A third mechanic is budgeted in 2003. A major reason for the additional position is that the Fire Department has been having a difficult time doing work on fire equipment by using its volunteers. By having Public Works do the mechanical maintenance of the trucks, it would free up Fire Fighters to concentrate on other public safety duties. In addition, the Public Works shop is better equipped to do this work. Staff will explore what "contracting out" of maintenance work might be done if the third mechanic is not added. There will be extra costs with that, and the Fire Department will need to do what if can for performing its own maintenance activities. As such, the elimination of a mechanic position will be a net savings of something less than the full cost of that budgeted position. 4] Recreation Supervisor — This position has been authorized for advertisement; applications for which will close Monday, December 16 This is to fill the position recently vacated by Tammy Abrahamson. While the job duties of this position as held by Ms. Abrahamson are being revised (see item elsewhere on this agenda), there will be a number of activities which will not be able to be provided if the position is not filled. For a more complete description of the impact of not filling this position, see the attached memo from Facilities and Recreation Supervisor Mark Themig. Note that a decision will be needed at the December 17 meeting, as several winter programs are affected. 5] Half Time Clerical Position — Similar to the Recreation Supervisor, this position has already been advertised to fill a 20 hour per week position in the City Clerk's office. The additional 20 hours per week are budgeted to be begin January 1 The added hours would be used to provide 10 more hours per week in Public Works (to bring that clerical position to half time); the other 10 hours are intended to begin work to prepare certain records in the City Clerks office for digital imagining. Should the process to fill be cancelled? 6] Building Maintenance Worker — This position has been vacant since September 10 as a result of the death Building Maintenance Worker Charlie Fuller. Some of those duties have been covered by a combination of the Community Center Building Maintenance Worker doing more work at all other City buildings (to the detriment of maintenance activities at the Community Center), and by contracting out the daily boiler checking at City Hall to a licensed outside employee, at the cost of $50 per day (mostly on weekends). This position has not been filled, as staff had been looking at actually upgrading that position to one that would be responsible for all park buildings, in addition to the City Hall, Library, Police, Senior High Rise (meaning the portion utilized by congregate dining), and other miscellaneous buildings. If the position is upgraded, it would be with the intent that new computerized HVAC controls at the library and police building would be the responsibility of that position, and that position would also direct the activities of the Community Center Building Maintenance Worker. However, that would add compensation levels to the amount budgeted for the Building Maintenance Worker. Again, Council direction on each of these items will be needed. Other Budget Reductions — Each department has been directed to prepare a list of items which would allow between 5% and 6% of their allocated 2003 operating budget to be reduced, should the need arise. Those reductions, or as an alternative, a combination of fee increases, are due back in mid - January. Department Heads will have to look for changes that will result in "net" reductions of 5 -6 %. For example, while an Engineering Technician position could be eliminated, unless the City chooses to not accept more development (thus reducing development fee income), contracting those activities to a private engineering company would result in higher costs than if done by a City employee position. Once those suggested cuts are submitted, the Council would be asked to prioritize which of the budget changes it would see to enact. Note that the Finance Department has already been reduced from 5.0 budgeted positions in FY 2002, to 2.8 full time equivalents in FY 2003. As a result, it is not being asked to come up with additional reductions. 2003 Non - Contract Employee Cost of Living Adjustments — The 2003 budget provided for a 3% cost of living increase. At the suggestion of some of the departments, because of the major uncertainty on the City's budget, the Council may choose to delay a cost of living adjustment for City employees from January 1 and instead continue 2002 rates until the budget situation is better known. If after all budget adjustments are made to accommodate the State's "pass through ", the Council could then consider a cost of living adjustment for non - contract employees, with a recommendation that it be made retroactive to January 1St I have been meeting with groups of employees to discuss this option, in addition to the larger financial picture. Reaction has been mixed. I will provide a summary of the reactions at the Council meeting of December 17 One suggested alternative made at one of the employees meetings was that a partial increase — a one, or one and one -half per cent increase, be granted January 1, and another small increase be given after the budget situation is addressed. BUDGET IMPACT: Unless Council directs a change to be made on the hiring issue, this single decision that should be made is whether a salary adjustment should be granted for 2003 at this time. Note that each percent for employees City wide equals about $ 55,000. A three per cent City -wide increase is $165,000, plus PERA and FICA, which equals an additional $22,000. However, unionized employees comprise approximately one -half of the work force, and negotiations for pay adjustments will need to continue. Public Works is the only active negotiation at this time. All three contracts expire December 31 RECOMMENDATION: I recommend that the hiring freeze be continued; however, if there is a position which is deemed to be critical for filling by the department head, that that be brought forward to the City Council for individual consideration. Second, departments should continue in their work to reduce budgets by 5% to 6 %. Those should be reviewed by Council at a workshop which should be scheduled for mid - January. Finally, I recommend that no cost of living adjustment be granted at this time, and that the Council revisit that issue after the State budget impact is addressed, with a further recommendation that any adjustment granted at that time be made retroactive to January 1, 2003. ACTION REQUIRED: If the Council concurs, it should, be motion, direct the following: 1. That a hiring freeze be continued, but that exemptions be considered on a case -by- case basis, where it can be shown that not filling the position would result in an unacceptable decrease in level of service; 2. That department heads continue with work to cut departmental budgets by 5% to 6 %. 3. That no cost of living adjustment be granted at this time, for non - contract employees, but that the issue be revisited after the 2003 budget issues are addressed. Mark McNeill City Administrator MM:th CITY OF SHAKOPEE MEMORANDUM To: Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director o Date: December 11, 2002 Subject: Recreation Supervisor Vacancy INTRODUCTION The following is intended to provide information on the services that would likely be affected should there be a delay in filling the current Recreation Supervisor vacancy. BACKGROUND The December 17 City Council meeting has an agenda item revising job descriptions for three of the recreation supervisor positions. As you will recall, the fourth recreation supervisor position (Arena Operations) was revised in November. The proposed revisions will allow each of these positions to focus more on related program areas, reduce overlap, and provide for new program development. Assuming that the revised position descriptions are approved on the 17 the current vacancy would focus on preschool, youth, and teen programs, as well as senior services and special event coordination. Some examples of each of these areas are as follows: Preschool Programs Senior Services • Messy Hands E Senior Citizen's Club • Kindersports 0 Senior Trips • Alphabet Adventures n Tuesday Cards • Start Smart 0 Presentations • Super Saturdays Special Event Coordination Youth Programs 0 Derby Days Events ■ K -4 Afterschool W Senior Expo ■ 5 -6 Afterschool 0 Safety Camp ■ Kindersports W Holiday Events ■ Teen Nights /Dances Teen Programs 0 Music in the Parks • 7 -9 Afterschool • Ski Club • Goals /21S Century Grant Program • STARS Committee • Intramurals (future) • High School Volleyball • Boxing Club DISCUSSION The three remaining recreation supervisors provide for what I would consider core services: Ice Arena Operations, Community Center operations, Aquatic Park operations, athletics, aquatic programs, and summer programs. Due to workloads of existing staff, a delay in filling the current vacancy would require eliminating programs and services currently planned for the winter session, including preschool and after school activities, some senior services and trips, safety camp planning, and teen program development (see attached e- mail). This would impact approximately 400 participants and $13,000 in revenue in programs. However, savings in expenditures would outweigh the revenue. A delay in filling this position and eliminating programs and services for the winter session is feasible, but we would need a decision on December 17 because our winter brochure goes to print on December 19 There would be additional fees for last- minute printing changes of $300 -$500. Also, the recruitment process for filling this position is currently underway. Our proposed timeline is as follows: December 16 Application Packets Due by 4:30 p.m. December 17 -20 Review Applications and Schedule Interviews December 23- January 3 Conduct Interviews January 20 Anticipated Start Date If there were a delay in filling this position, I would want to notify applicants. As we look toward the future and further reductions, permanently eliminating this position would present several decisions points, which we would need direction from City Council on in order to prepare alternative plans: • Should we eliminate the program areas as identified in this position? • Should there be a reduction in one or more of the core services in order to continue providing some of the services identified in this position? • Should we consider eliminating other programs, services, or positions in order to continue providing the services identified in this position? Mark Themig From: Shannon Siegfried [ssiegfri @shakopee.k12.mn.us] Sent: Friday, November 22, 2002 8:43 AM To: MThemig @ci.shakopee.mn.us Subject: Hi Mark, Hi Mark, My name is Shannon Siegfried and I work in the Welcome Center (formerly known as the New Citizen Center). Denise Harlos has asked me to contact you regarding a couple of items. The first is to see if you would be willing to meet with parents who are asking for more after - school activities. At this point, it would be to listen to them and hear their concerns. The second is to ask if you would address this topic, parent concerns regarding after - school supervision, at a meeting for people who are involved in planning the Welcome Center. This meeting is scheduled for 9am on Dec. 12th, and you will be hearing more about this shortly. Please let me know if you will be open to /available for these events, and Denise and I will make arrangements accordingly. Thank You! Shannon Siegfried Welcome Center 505 S. Holmes St. Shakopee MN 55379 (952) 496 -5050 i Shakopee Police Department Memorandum To: Mark McNeill City Administrator From: Dan Hughes Police Chief Date: December 12 2002 Subject: 2003 Budget Reductions — Impact on Services Budget Background The 2002 Police Department Budget identifies four additional police officers, 90 hours of Community Service Officer (CSO) service and 4 3 /4 clerical support staff positions. The four police officer positions remain vacant, we are currently scheduling 70 hours of CSO service and the clerical support staff is 4 3 /4 positions filled. The police officer positions remain vacant because organizationally we are committed to hiring the best - qualified people to fill these critical positions. The twenty remaining CSO hours have not been filled because the pool of candidates is not large and those available were unable to meet the minimum requirements of the position. The 2003 Police Department Budget requests the four unfilled positions from 2002 be carried forward to the 2003 budget, 90 hours of CSO service and 4 3 /4 clerical support staff positions. The Shakopee Police Civil Service Commission conducted testing for the purposes of establishing an eligible register for police officer. We will begin background investigations shortly to determine the candidate's ability to meet the minimum requirements of the position. The ninety CSO hours can be scheduled to accommodate three 3 /4 time CSOs if qualified candidates can be found. The other option would be to schedule the two current CSOs forty hours per week effective January 5 2003. This option may be our only option based upon the number of available, qualified candidates for these positions. The 2003 Police Department Budget request, considered by Council, for a total of 4 3 /4 clerical positions was incorrect. The original request was to hire a FTE clerical beginning in July 2003 in addition to our current level of 4 3 /4 clerical positions. This request was in response to the ever - growing demands for transcriptions, data entry, and statistical data. However, this position and an additional police officer were not included in the 2003 approved Police Department Budget. Impact of Budget Reductions The business of policing is dynamic, going from a calm environment of routine service to total chaos within seconds. My point is to offer an explanation in advance that the suggested impacts are at best guesses based upon years of experience and nothing more. The failure to fill the four vacant police officer positions will result in 4 less police officers assigned to street patrol. This will be less than the recommended staffing levels based upon population and an internal workload analysis. It may affect the safety of our community and our police officers. It will result in less time for self - initiated activity by our current complement of officers. This will have a direct effect upon the number of arrests and citations, which will ultimately reduce revenues derived from self - initiated activities. A secondary impact will cause either the direct or indirect education of our citizens to a new way of doing business. The citizens will have to learn to wait for a response on calls for service like abandoned property, civil issues, and crimes not in progress. Basically, these calls for service can be lumped into one category, quality of life calls. This would be a move away from community policing and a return to reactive versus proactive policing. The additional CSO hours were to be used to continue the campaign upon code enforcement in the City and to enhance our ability to deal with walk -in customers at the new police facility. Here again, quality of life issues remain important but the reductions will force decisions based upon urgency versus a planned organized effort. Tasks commanding more attention such as the management of the evidence room, citation audits, automated pawn system, property inventory and management, police auctions, and deliveries to other governmental agencies will become the priority for the purposes of sustaining the organization. Due to budget constraints a clerical position was omitted in the 2003 Budget. If the error is allowed to stand the clerical staffing level will remain the same in 2003 as it was in 2002. The current staffing level in clerical support is not sufficient to meet the needs of the organization. During our busiest months we have been force to ask other departments within the City to help us with our dictation needs. Every week we receive some hours of support from other departments. Sometimes, due to the sensitive nature of the material, sending typing out to others is prohibited and we end up with a backlog. This backlog has a direct impact upon the entire criminal justice system. We are the busiest police department in Scott County. Of the 4 3 /4 positions filled, 3 -3/4 are dedicated to total support of 29 of the 30 sworn officers. The Chief's secretary doubles as the lead receptionist and primary service window provider. For these reasons, the 4 3 /4 clerical support positions should be maintained and the additional FTE clerical support position was requested in 2003. Mr WK CHARTERED Minnesota Budget Deficit: Local Government Officials Need To Be On Alert Last week, the Minnesota Department of Finance released its November Forecast. The budget deficit was significantly higher than expected and will have dramatic impacts in Minnesota. Local units of government will need to be more attentive and active during the 2003 Legislative Session. There is a lot at stake for your community. The Pawlenty Administration and the 2003 Legislature will undoubtedly consider cutting Local Government Aid, Homestead and Agriculture Credit Aid and other programs that benefit local units of government. In addition, we expect that there will be proposals to re- allocate the Fiscal Disparities Distribution Program and major changes involving the Metropolitan Council. City managers, mayors and city councilmembers should be contacting their Senator(s), Representatives and Governor -Elect Pawlenty as soon as possible to discuss the budget deficit and specific issues pertaining to your community. We have included a briefing paper about the budget deficit for your use below. Budget Deficit Briefing FY 2004 -05 Budget Deficit Grows to $4.56 Billion and $356 Million for FY 2002 -03 On Wednesday, December 4, the Minnesota Department of Finance released the November Revenue Forecast. Although a serious shortfall was expected, the deficit is significantly higher than the anticipated $3.2 billion. A weak stock market, a slow -to- rebound economy and higher than projected human services expenditures increased the projected 2004 -05 biennial deficit to $4.56 billion, $2.91 billion more than the end -of -the session estimates. The deficit also includes a $356 million deficit for the current biennium that will have to be remedied before June 30, 2003. This will leave a $4.204 billion problem for 2004 -05. Based on these numbers, Governor -elect Pawlenty must deliver his budget recommendations to the Legislature by February 18. Pawlenty pledged during the campaign not to raise taxes and to streamline state government programs. The Governor - elect will be left with very few options to balance the budget because the 2002 legislature used many of the "usual" budget balancing options — budget reserves, accounting shifts, cutting state agencies to balance the budget last spring. In addition, the forecast does not address restoration of the state's now nearly nonexistent budget reserve. Another revenue forecast will be released later in February and it will be used as the basis for the legislature's budget proposal. Current Biennium Shortfall Lower revenues and higher expenditures created a $356 million shortfall for the current biennium which must be remedied before the end of the biennium, June 30, 2003. Decreased revenues and increased expenditures account for the shortfall. Spending for health care services in the state budget increased by $107 million from the end -of- session estimate. When a deficit is forecast for the current budget period, Minnesota's Constitution gives the governor the power to "unallot " —to cut the budget unilaterally. With one month left in his term, Governor Ventura said he will forgo unallotment, leaving those decisions to the Pawlenty administration. Pawlenty has said he will give the Legislature "a reasonable amount of time" to eliminate the $356 million 2003 deficit, but said that if legislators drag their feet, he will trim the budget himself. Revenues Lower and Expenditures Higher At the close of the 2002 Legislative Session, a gap of $1.65 billion was projected for FY 2004 -05. Lower than expected revenues ($26.8 billion) and higher than expected expenditures ($30.9 billion) created the deficit. Lower capital gains income accounted for more than half the revenue shortfall. Capital gains revenue —the taxes paid on stock market profits —fell for tax year 2001 not by the 30 percent state finance officials had projected earlier, but by a stunning 55 percent. The state also has lost more jobs than the national average, and its wage growth is the worst anyone can remember. The manufacturing sector has lost almost all of the jobs it gained during the 1990s. That, in turn, is driving up caseloads for welfare and health care. Kennedy & Graven provides governmental relations services ranging from direct lobbying to legislative monitoring for numerous local governmental units in Minnesota. If you need assistance for the upcoming legislative session please contact John Choi at (612) 337 -9208. #fig CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiations DATE: December 12, 2002 Following the regular portion of the December 17 meeting, the City Council will be asked to adjourn to close session for the purpose of discussing labor negotiations with the Public Works Union. Via [i\C✓U� f Mark McNeill City Administrator MM:th