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HomeMy WebLinkAboutDecember 03, 2002 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 3, 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 A] Recognition of Janet Williams, Scott County Library Director, for 31 years of service 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: September 5 and 17, and October 1, 2002 *8] Approval of Bills in the Amount of $605,542.64 plus $103,034.99 for refunds, returns and pass through for a total of $708,577.63 9] Public hearing on adopting the 2002/2003 tax levy and 2003 budget — Res. Nos. 5819 & 5820 10] Presentation by Scott County on the proposed Scott County Jail (30 min.) 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority Meeting 13] Re- convene 14] Recommendations from Boards and Commissions: *A] Preliminary Plat of ACC rd Addition, located west of CSAH 17 and north of CSAH 78 — Res. No. 5828 *B] Amendment to PUD No. 18 for Shakopee Crossings Planned Unit Development (Southbridge Crossings 2 nd) —Res. No. 5802 TENTATIVE AGENDA December 3, 2002 Page —2- 14] Recommendations from Boards and Commissions continued: *C] Comprehensive Plan/Land Use Plan Amendment for property north of CSAH 16 and east and west of Vierling Drive from entertainment to high density residential — Res. No. 5830 151 General Business: A] Parks and Recreation * 1. Renewal of Ice Arena Advertising Agreement *2. Scouts Request for Overnight Use of Lions Park B] Community Development * 1. Registered Land Survey for Stemmer Farm & Garden, located north of Second Avenue and west of Scott Street — Res. No. 5817 *2. Comprehensive Plan/Land Use Plan Amendment for property south of Valley View Road — Res. No. 5828 *3. Brittany Village 5 th Addition — Conveyance of 33' Strip — Res. No. 5831 C] Public Works and Engineering * 1. Survey and Plans and Specifications for New Minnesota River Boat Landing D] Police and Fire E] Personnel * 1. Successful Completion of Probation — Brad Bisek, Police Officer *2. Successful Completion of Probation — Travis Karlen, Recreation Supervisor F] General Administration *1. Application for Tobacco License — Tobacco Express, Inc. *2. 2003 Tobacco License Renewals *3. 2003 Massage Center License Renewal *4. Purchase of Full Size Squad Car *5. Auditor's Proposal for 2002 Audit *6. Towing Contract Extension *7. 2003 Cleaning Contract Renewal 16] Council Concerns 17] Other Business 18] Adjourn to Tuesday, December 10, 2002 at 6:00 p.m. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 2002 Mayor Mars called the meeting to order at 5:04 p.m. with Council Members Lehman, Sweeney and Joos present. Absent: Council Member Link. Also present: Joe Ries Budget Review Team member. Also Present; Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek (5:23), Community Development Director; Bruce Loney, Public Works Director /City Engineer; Mark Themig, Facilities and Recreation Director; Dan Hughes, Chief of Police; Tracy Schaefer, Assistant to the City Administrator and Gregg Voxland, Finance Director. The following items were added to the agenda. Item 4.a Information regarding Elected Officials Salary and item 4.b Discussion of the Site Layout of the New Fire Station. Joos/Lehman moved to approve the Agenda as amended. Motion carried 4 -0. Mr. McNeill, City Administrator, noted on the table tonight was a memo entitled "General Fund Status ". Mr. McNeill summarized where the City was at and what decisions the Council would need to make in the near future. Mr. McNeill noted that the recomrnendation from staff was to certify the maximum levy because this levy from now uritil the Truth in Taxation hearing in December can always be reduced but it cannot be increased. Mr. McNeill pointed out the major net additions to the budget this year and some possible reductions. There were more expenditures than revenues and the money from Shakopee Public Utilities Commission to be transferred to the City was expected to be less than what was planned for. Mr. McNeill stated that the transfer from the City's General Fund this year to Park and Recreation Department was approximately $933,000. Mr. McNeill pointed out the City subsidy (from the general taxpayers) to the Park and Recreation Department was increasing each year. Mr. McNeill pointed out that after the transfers the differences between the revenues and expenditures is approximately $110,000. Mr. McNeill reported the net discretionary changes between what was in the budget for 2002 and what is in the budget for 2003 are: 1) $60,000 request for Community Center Carpeting [this is a possibility for a cut]; 2) $27,550 police officer to start mid -year 2003 [legislative reason];3) $25,000 Public Works Maintenance Operator to start mid -year [legislative reason]; 4) $50,000 Third Mechanic for the Public Works Department [servicing Fire Department equipment — if the City does not do this work the work would have to be contracted out]; 5) $21,902 City Clerk Records Clerk/Public Works part -time position; 6) $27,000 Disabled Police Insurance [State is out of money]; 7) $16,000 of the wages by the Assistant to the City Administrator to be justifiably charged to the Telecommunications Fund [there was discussion on this item. Cncl. Sweeney would like to see this item come back as a policy decision to be made by the City Council. Staff will follow -up on percentage of time spent on telecommunications duties by the Assistant to the City Administrator.]; 8) $100,000 Contingency amount is doubled from previous years because of all the uncertainties for the budget this year; 9) $15,000 Ergonomic Furniture [a couple of claims for carpel - tunnel syndrome have been received by the City and the City offices have been inspected and some changes have been recommended. This really cannot be ignored. Cncl. Sweeney did not feel a need to buy new furniture. Cncl. Joos felt this was important to address now.]; 10) $25,000 Entrance Sign Official Proceedings of the September 5, 2002 Shakopee City Council Page —2- Monuments [perhaps some local service organizations or other opportunities may be forthcoming to help with this expenditure]. The overall net is just under $396,000; however, Mr. McNeill thought there may be some areas to cut such as: 1) $27,275 for a Transit Planner; 2) $66,570 Assistant Finance Director position; 3) $25,000 Sign Monuments, 4) $30,000 Half of Cormnunity Center Carpeting [When the carpeting is replaced, it should all be done at the same time]; 5) $175,000 Tahpah Park Parking Lot. [Mr. McNeill stated that overall the City has not done an adequate job with park maintenance with just the park and recreation fund]. Gregg Voxland, Finance Director, noted that some of the numbers in the budget are not finalized. The numbers are close but are not completely finalized. Mr. McNeill noted that the levy needed to be certified by September 15, 2002. The recommendation is to levy the maximum at this time. Mr. Voxland noted there were two resolutions in the Council members packets for tonight. He noted that the preliminary number from the county for tax capacity indicated the City's tax rate should stay about the same. This would mean about a 10% increase which equates to 17% of the tax levy. Mr. Voxland noted that the hearing date also needed to be set for the Truth and Taxation hearing. He noted December 2, 2002 and December 9, 2002 are the dates set aside for the Cities. An officer for the Task Force from the Police Department was discussed. There was discussion on the levy amount used for last year. Sweeney /Lehman offered Resolution No. 5179, A Resolution Setting Proposed Maximum 2002 Tax Levy, Collectible in 2003, and moved its adoption. Motion carried 4 -0. Joos /Sweeney moved to set the public hearing date for the 2003 budget on December 2, 2002 with continuation date of December 9, 2002. Motion carried 4 -0. Cncl. Sweeney volunteered to present the budget at the Truth and Taxation meeting. Sweeney /Joos offered Resolution No. 5178, A Resolution Canceling Debt Service Levies for 2002/03, and moved its adoption. Motion carried 4 -0. Some of the City's debt service was canceled but not all of it. Mr. McNeill presented the information on salaries for elected officials. The salaries received by the elected officials for the City of Shakopee were compared to other elected City officials salaries generated by a survey done annually by population categories from the Association of Metropolitan Municipalities. Official Proceedings of the September 5, 2002 Shakopee City Council Page —3- Cncl. Sweeney stated that this Council met frequently and for periods of long time; he felt the Council should be compensated in an adequate manner. Sweeney /Joos moved to direct staff to prepare a resolution for salaries for the elected officials to be at the median level for elected officials in the survey done by the Association of Metropolitan Municipalities for Mayors and City Council for 2002 and for this resolution to become effective January 1, 2004. There was discussion on how this could be implemented. Motion carried 4 -0. There was discussion of the new Fire Station because it did impact the feasibility study that was going to be done on Vierling Drive extension to County Road 15. Mr. Loney, Public Works Director /City Engineer, reported on the site for the new Fire Station. He oriented the site with the Upper Valley Drainage channel in the area. Mr. Loney stated what was looked at initially with the feasibility study was if this land that was left over would be usable for Lion's Park after the satellite Fire Station was built. The cost of the drainage channel would come from the City Storm Trunk Fund. The three bay satellite Fire Station fits the one and one -half acre parcel but is very close to residential and there is very little room if any for expansion in the future. Mr. Loney stated that he had looked at realigning the upper valley drainage ditch and box culvert to Lions Park Pond. This would allow plenty of room for a new satellite Fire Station. BKV, the Fire Department's consultant, and the City looked at the second plan and felt the second plan would result in a more usable park and according to cost calculations at this time the cost would be approximately the same. Cncl. Lehman and Mayor Mars thought that if the costs were the same and the second plan allowed for future expansion this second plan would be the way to go. Cncl. Sweeney felt this opened the door to expansion for the Fire Department and the City may not be open to the idea of expansion. Cncl. Sweeney felt this site was fine for 13 years for a satellite Fire Station and why was it to small now. Mr. Loney stated that he could complete the feasibility study showing both options and then bring it back to Council and move ahead at that time with a public hearing. Mr. Loney asked if more direction was wanted from the Fire Department. The Council felt the Fire Department gave enough direction; they, the Council, had to make the decision what they wanted to do. If the cost was basically the same then perhaps more acreage was the way to go. Cncl. Lehman brought up a CIP issue regarding the Park Reserve Fund and filling Huber Park with using secondary sources for fill. The savings could be substantial depending on what sources could be found but a plan needed to be developed so appropriate fills could be searched for. Mayor Mars noted there would be a meeting with the Metropolitan Council on the 2030 Blue print on Monday, September 23, 2002 at 6:30 p.m. to 8:00 p.m. at the City Hall Chambers and the public was invited. Official Proceedings of the September 5, 2002 Shakopee City Council Page —4- He noted that Housing Minnesota is having a big convention November 15, 2002 at the Minneapolis Convention Center. Joos /Sweeney moved to adjourn the meeting to Monday, September 9, 2002 at 4:45 p.m. (for ground breaking) at the new Police Station building. Motion carried unanimously. The meeting adjourned at 6:11 p.m. udith S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 17, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, and Joos present. Absent: Council Member Sweeney. Also present: Mark McNeill, City Administrator; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City Engineer; Jim Thomson, City Attorney; Mark Themig, Facilities and Recreation Director; Dan Hughes, Chief of Police. The pledge of allegiance was recited. Joos/Link moved to approve the Agenda as written. Motion carried 4 -0. Mayor Mars reported the City of Shakopee has been notified by the Metropolitan Council with the help of Michael Leek and Julie Klima that the housing score improved for the City of Shakopee. The City now has a very good score 32/68 compared to the other Metropolitan Cities. Mayor Mars also reminded the public that the Metropolitan Council was putting on their public preview for the 2030 Blueprint at Shakopee City Hall Council Chambers, Monday September 23, at 6:30 to 8:00 p.m. Mayor Mars stated that he would have an executive summary available of the Mayors Regional Housing Task Force in the next several days. Comments on the executive summary are needed back within the next couple of weeks. Mayor Mars stated that Scott County heard what the City of Shakopee had to say regarding County State Aid Highway 21 and Scott County would be hosting an extension project open house on Thursday September 26, 2002 at 4:00 p.m. to 7:30 p.m. at the Americann Lodge and Suites in Shakopee. The County will have staff available to answer questions concerning this very important project. The following item was removed from the Consent Agenda. 15.F.1 Consider No Parking Around Library Site During Construction. Lehman/Link moved to approve the Consent Agenda as amended. Motion carried 4 -0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. Stuart Nolan, representing Eagle Creek Townhomes, approached the podium to address the parking issue. Mr. McNeill noted that this item was scheduled as an agenda item and would be heard shortly. Lehman/Link moved to approve the meeting minutes for July 2, 2002. (Motion carried under the Consent Agenda). Official Proceedings of the September 17, 2002 Shakopee City Council Page —2- Lelrnan/Link moved to approve the bills in the amount of $1,906,135.51 plus $151,889.39 for refunds, returns and pass tlhirough for a total of $1,754,246.12. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Cncl. Lelunan reported on the ribbon cutting ceremony that he attended for the Mexican Food Store and stated that he and Cncl. Sweeney attended a meeting with Ryan Properties. Cncl. Lehman stated there were a series of ongoing meetings with Ryan Properties. Cncl. Link also attended the grand opening of the El burrito Mercado grocery store. Mayor Mars stated he attended the 9 -11 candlelight walk put on by the Shakopee Senior High Government Council. Mayor Mars noted this candlelight walk was very well attended. Cncl Joos attended the School Board meeting and noted there were some concerns regarding students walking to school. City staff was going to follow -up on these concerns. Lehman/Link offered Resolution No. 5780, A Resolution Of The City Of Shakopee Approving The Planned Unit Development Plan For Riverside Grove with conditions as presented by staff, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5784, A Resolution Of The City Of Shakopee Approving The Preliminary Plat For Riverside Grove, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link offered Ordinance No. 640, 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 South of 17 " Avenue and West of Independence Drive From Agricultural Preservation (AG) Zone To Urban Residential (R -111) Zone. (Motion carried under the Consent Agenda). Lehman/Link moved to accept the resignation with regrets of Brad Gripentrog from the Parks and Recreation Advisory Board effective immediately and authorize advertising to fill the opening. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize new three -year agreements with Midwest Coca -Cola Bottling Company for beverage and vending service at the Community Center, Ice Arena, Aquatic Park and City Hall, with an option of providing machines at other parks should such service be desired with an annual payment of $3,400 and commissions at a rate of 35% and to authorize a new three agreement with Midwest Vending for snack vending service with an annual payment from Midwest Vending of $500 and a commission rate of 30% on most items. (Motion carried under the Consent Agenda). Official Proceedings of the September 17, 2002 Shakopee City Council Page —3- Mr. Leek, Community Development Director, reported on the appeal of Robert Bauer for side and rear yard setback variances denied by the Board of Adjustment and Appeals (BOAA). He noted Robert and Laura Bauer made application for a side yard and a rear yard setback variance to allow construction of a detached two -car garage on their property located at 4 "' Avenue and Lewis Street. Mr. Leek stated that the public hearing on this variance was heard by the BOAA and that public hearing was closed on August 8, 2002. The matter was further discussed on August 22, 2002 and at that time the BOAA passed a motion approving a resolution with findings of fact denying the request. Mr. Leek noted that Mr. Bauer's reasons for appeal are set forth on page one of Mr. Vickerman's, Planner I, report. The applicant's believe that this garage could not be constructed without the removal or destruction of mature trees on their property. Mr. Leek stated the direction after hearing and speaking with Mr. Bauer is to direct staff to prepare a resolution for action on October 1, 2002 either upholding the appeal of the Bauer's and granting the variances or upholding the action of the BOAA and denying the variances. Robert Bauer, 434 Lewis Street South, approached the podium and stated he appreciated being heard. There is an existing one -car garage attached to the home and he did not think it feasible to expand this garage out as suggested by staff. That garage was all brick and he only had 12 feet to the property line. He wanted to construct a very modest 24' x 24' garage. To come in fiorn the alley as suggested by staff would require at least the large Maple tree and potentially the Ash tree to be removed. Mr. Bauer felt there was only one space to put the garage. The neighbors were not thrilled with him removing the trees. Mr. Bauer would like the variance request reconsidered. Mr. Bauer described the lot dimensions. Mr. Leek noted that no comments were received from the public before the public hearing. Cncl. Lehman was concerned about setting a precedent for wanting garages to be constructed with variance requests so trees could be saved if this appeal were upheld for the applicant. Mr. Leek reported some of the concerns that the BOAA had in granting a variance in the R- 1 C Zone where this variance was being requested. Joos /Lehman moved to direct staff to prepare a resolution upholding the determination of the Board of Adjustment and Appeals for the consent agenda at the October 1, 2002 City Council meeting. Cncl. Link thought mixed messages were being sent regarding variances. He noted several of the variances that had been given to developers recently. Cncl. Joos wanted to see the character of Old Shakopee remain the same and he felt granting variances would lead to a change in the character. Motion carried 3 -1 with Cncl. Link dissenting. Official Proceedings of the September 17, 2002 Shakopee City Council Page —4- It was noted in a brief memo from Mr. Leek that Mr. Eugene Hansen could proceed with the reconstruction of the Classics Plus Building if he was agreeable to signing a hold harmless agreement that any work undertaken is at his own risk, drafted by the City, pending the outcome of any land use application he might make. Mr. McNeill, City Administrator, reported on reconsidering parking restrictions on Roundhouse Street for Eagle Creek Townhomes. At the August 20, 2002 City Council meeting by a 3 -2 vote parking was prohibited on the east side of Sarazin Street and both sides of Roundhouse Street. There were concerns for safety and long -term storage of recreational vehicles. Signs have been ordered but have not be received as of yet. Mr. McNeill stated a letter from Stuart Companies had been received by the City requesting that parking be allowed on one side of Roundhouse Street to address a twenty car parking shortage for the Eagle Creek Townhomes. Mr. McNeill noted that all code criteria were met at the time this plat was approved. A two story parking deck as suggested by Cncl. Sweeney has been looked at by staff and this really is not a feasible option. The Council felt Eagle Creels Townhomes should look at a long -term solution for this parking problem rather than have the City provide the solution with the use of public roads. Link/Lehman moved to suspend Roberts Rules and to reconsider the motion that was approved allowing no parking on both sides of Roundhouse Street at the August 20, 2002 meeting. Cncl. Link stated the parking restrictions are not working and a second look should be taken. He also thought parking for high- density locations needed to be relooked at. Cncl. Joos felt the parking was there but people wanted to park in the street because the street was closer to their destination. Mr. Leek addressed the parking requirements and noted all parking requirements in effect at the time of the issuance of the CUP for this development were met. Stuart Nolan, 1050 West 80` Street, Bloomington, representing the Eagle Creek Townhomes, approached the podium and hoped a compromise was possible to help the residents just in front on the townhomes. Mr. Nolan stated the amount of parking needed was dependent on the type of housing unit. The Eagle Creek Townhomes were 1, 2 and 3 bedroom units. Mr. Nolan felt it was the three bedrooms units were causing the parking problems. Cncl. Lehman stated why he voted against the motion in the first place. Mr. Leek noted that his suggestion tonight was to leave the "NO" parking on Sarazin Street and Roundhouse Street as the motion was passed at the August 20, 2002 meeting and for the owners of the Eagle Creek Townhomes to look for additional sites were parking would be appropriate for a long term parking solution. Official Proceedings of the September 17, 2002 Shakopee City Council Page —5- Mr. Loney noted the vehicles would have to get off the streets when the dates of the snowplowing ordinance went into effect. Mayor Mars urged Mr. Stuart Nolan to respond to a long term parking solution rather than a band -aid for the current problem. The amount of impervious surface was brought up along with what the garages on the site are being used for and it was noted that there are rental storage units very near by. Motion failed 0 -4 with Cncls Joos, Lehman, Link and Mayor Mars dissenting. Lehman/Link moved to continue the Comprehensive Plan Amendment for Cletus Link to the October 1, 2002 meeting of the City Council. (Motion carried under the Consent Agenda). Lehman/Link offered Resolution No. 5782, A Resolution Accepting Bids On County Road 17 And County Road 79 Pedestrian Bridges And Trail Over Trunk Highway 169 S.P. 7005 -79, S.P. 166- 020 -010, S.P. 166 - 010 -007, City Project No. 2002 -8, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on County Road 17 And County Road 79 Pedestrian Bridges And Trail Over Trunk Highway 169 S.P. 7005 -79, S.P. 166- 020 -010, S.P. 166 -010 -007, City Project No. 2002 -8. (Motion carried under the Consent Agenda). Lehinan/Link offered Resolution No. 5786, A Resolution Accepting Work on The Lion's Park Improvements, Project No. 2001 -3, and moved its adoption. (Motion carried under the Consent Agenda). Mr. Loney, Public Works Director /City Engineer, reported on accepting the feasibility report and setting the public hearing date for Improvements to Vierling Drive from County Road 15 to Orchard Park West PUD. Project No. 2002 -4. Mr. Loney reported that this feasibility study has been completed that was authorized on April 2, 2002. Mr. Loney noted that the attached resolution would set the public hearing date for October 15, 2002. The proposed project is to complete a collector street, storm sewer, watermain, box culvert in the Upper Valley Drainage way, sidewalk, trail and street lighting. Mr. Loney stated this was an expensive project for the City because the City will pick up the street oversizing, the bituminous trail and assessments along Lion's Park and the box culvert will be part of the storm water facility. Mr. Loney stated he laid out two options in the feasibility study for the location of the new proposed satellite Fire Station for the Fire Department. The first option was to leave the Upper Valley Drainage system in its present location leaving the Fire Department with a site encompassing approximately one and one -half acres. The second option was realigning the Upper Valley Drainage system to connect to the Lion's Park pond, moving the channel and providing the Fire Department with a Official Proceedings of the September 17, 2002 Shakopee City Council Page —6- parcel approximately five acres in size. Mr. Loney stated option two would require the sanitary sewer to be relocated as well as a bituminous trail and there would be more assessments for the City; thereby, making the cost considerably more for this option. Mr. Loney stated the assessments for this project were based on the front footage basis based on property being serviced with access from Vierling Drive. Mr. Loney recommended option one. He stated that the Lions prefer option number one. Cal Haasken, 413 Chestnut Street, Chaska, approached the podium and stated he was at the meeting for information. Mr. Haskins stated he had 2900 feet assessed for the linear street and he did not agree with this concept. The option chosen was not important to him. This is family property. Joos/Mars offered Resolution No. 5785, A Resolution Receiving A Report And Calling A Hearing On An Improvement To Vierling Drive, From County Road 15 To Orchard Park West P.U.D. Project No. 2002 -4, and moved its adoption. Mayor Mars stated he would like the Fire Department to put their desired option on the table. Mayor Mars also felt this was an important segment of Vierling Drive to get completed for the City. Motion carried 4 -0. Lehman/Link moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operation, D, as requested by S.M. Hentges & Sons to allow operations Monday through Friday from 7:00 a.m. to 7:30 p.m. and Saturday 8:00 a.m. to 6:00 p.m. subject to conditions and direct staff to publish notice of the suspension with the conditions as recommended by staff. 1) Approval is contingent upon minimizing noise exposure near residential areas; 2) If residential complaints are received by the City, the suspension can be revoked at the discretion of the City Engineer; 3) Blasting activities, if any, must be done from 8:00 A.M. to 7:00 P.M. (Motion carried under the Consent Agenda). Dan Hughes, Chief of Police, reported on the proposed hiring of one police officer. The Chief of Police noted that this position was included in the 2002 budget. Joos /Mars moved to authorize the hiring of Mitch Mullenbach as a probationary police officer at a monthly rate of $3,260.75, subject to the satisfactory completion of pre - employment medical and psychological examinations. Cncl. Lehman questioned the recruiting process and the high turn over rate plus the level of service. Chief Hughes noted that there are hours in the morning when there are two police officers on the street and this number was just not satisfactory for the City of Shakopee. Official Proceedings of the September 17, 2002 Shakopee City Council Page —7- Motion failed 2 -2 with Cncls. Lehman and Link dissenting. Cncl. Lehman asked for clarification regarding the "no parking" signs around the library construction site on 3` Avenue, Lewis Street, Sommerville and Holmes Street. Mr. McNeill stated that the intent for the "No Parking" would be on one side only and that side would be adjacent to the library. Lehnnan/Link moved to direct staff to install "No Parking" signs on 3` Avenue from Holmes to Lewis Street, on Lewis Street from 2 "d to 3` and on Sommerville Street from 2" d to 3` Street, on the sides directly adjacent to the Library site until the library is completed. Motion carried 4 -0. Lehman/Link moved to direct staff to install additional "City Authorized Only" and "City Authorized Business" signs in the City Hall parking lot, located behind City Hall off of 2 d Avenue, between Lewis and Holmes Streets. The restrictions would be for Monday Through Friday; 7 am — 5 pm. (Motion carried under the Consent Agenda). Lehrnan/Link offered Ordinance No. 641, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending Ordinance No. 100, the Cable Communication Franchise Ordinance, As Amended By Ordinance No. 453, By Repealing Section 16, Modifications, and moved its adoption. (Motion carried under the Consent Agenda). Lehman/Link moved to accept Mr. Russell Kennedy's resignation from the Environmental Advisory Committee effective October 10, 2002 with regrets and fill his position and the position vacated left by Jeff Reinhardt who resigned a month ago. (Motion carried under the Consent Agenda). Lehiman/Link offered Resolution No. 5783, A Resolution Changing The November 5, 2002 Council Meeting Date, and moved its adoption. (Motion carried under the Consent Agenda). Mayor Mars stated that Randy Sampson, President of Canterbury Park is concerned about his parking layout with the redesign of 12' Avenue. Mayor Mars stated a new bottleneck has been created with the reconfiguration of 12` Avenue. Mr. McNeill stated the intent was to reconfigure 12"' Avenue with a center median but to stay within the existing right -of -way. Mayor Mars asked staff to look into this issue. Mr. Leek informed the Council that this follow -up with Canterbury Park is already underway. Mr. McNeill and Cncl. Link will finalize what needs to be done to get the Helicopter from the Department of the Army that has been given to the City of Shakopee to display in Memorial Park. Lehman/Link moved to adjourn to Tuesday, October lat 7:00 p.m. Motion carried 4 -0. The meeting adjourned at 8:30 p.m. Official Proceedings of the September 17, 2002 Shakopee City Council Page —8- Ju ith S. Cox 'ty Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 1, 2002 Mayor Mars called the meeting to order at 7:00 p.m. with Council members Lehman, Link, and Joos. Absent: Cncl. Sweeney. Also present: Gregg Voxland, Acting City Administrator, Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City Engineer, Jim Thomson, City Attorney; Paul Snook, Economic Development Coordinator; and Tracy Schaefer, Assistant to the City Administrator (8:00p.m.), Mark McQuillan, Natural Resource Director. The pledge of allegiance was recited. Lehman/Joos moved to approve the Agenda as written. Motion carried 4 -0. Mayor Mars reported the Metropolitan Council on Monday, September 23 at 6:30 p.m. put on their 2030 blueprint presentation at the Shakopee City Council Chambers and this presentation was very well attended and had a very good question and answer period. Mayor Mars also noted that there was an open house for County Road 21 on September 26, which Cncl. Joos attended. Mayor Mars noted that he attended the Minnesota Mayors Association annual meeting. Mayor Mars received a benchmark peer report put together by the City of Hutchinson. Mayor Mars gave a copy of the report to Shakopee City staff for their use as a tool. Mayor Mars also noted that Tuesday, September 24, 2002 he and Cncls. Lehman and Joos attended an emergency management training mock exercise with Scott County, Law Enforcements and Fire Departments on managing a disaster. The following item was removed from the Consent Agenda. Item 14.A. Adoption of Park Master Plan for Soccer Complex and 15YA Street Closure Request. Joos/Link moved to approve the Consent Agenda as amended. Motion carried 4 -0. Mayor Mars asked if there were any citizens present in the audience who wished to address any item not on the agenda. Kristina Rudd, representing Brittany Village Homeowners Association, approached the podium to discuss a stop sign for the intersection of Downy Avenue and Brittany Drive. This stop sign had been denied. Mayor Mars noted this intersection had been studied again and would be discussed later on the agenda. Joos/Link moved to approve the meeting minutes for July 16 and July 30, 2002. (Motion carried under the Consent Agenda). Official Proceedings of the October 1, 2002 Shakopee City Council Page -2- Joos/Link moved to approve the bills in the amount of $329,211.69 plus $72,266.40 for refunds, returns and pass through for a total of $401,478.09. (Motion carried under the Consent Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following approval]. Mayor Mars opened the public hearing on establishing the Downtown Shakopee Special Service District. Lehman/Joos moved to continue the public hearing on establishing the Downtown Shakopee Special Service District to the October 15, 2002 City Council meeting. Mayor Mars stated the notification that went out regarding this public hearing on establishing the Downtown Shakopee Special Service District had a few incorrect addresses; this public hearing was continued to allow proper notification. Motion carried 4 -0. Mayor Mars opened the public hearing on imposing a Special Service Charge in the Downtown Shakopee Special Service District. Mr. Snook, Economic Development Coordinator, asked that this public hearing on imposing a Special Service Charge in the Downtown Shakopee Service District also be continued. This public hearing was in conjunction with the public hearing on the Downtown Shakopee Special Service District that was continued to the October 15, 2002 meeting. Joos/Link moved to continue the public hearing on imposing a Special Service Charge in the Downtown Shakopee Special Service District until the October 15, 2002 City Council meeting. Mayor Mars stated the notification that went out the public hearing on imposing a Special Service Charge in the Downtown Shakopee Special Service District had a few incorrect addresses; this meeting was continued to allow proper notification. Motion carried 4 -0. Mayor Mars opened the public hearing on the proposed vacation of an easement located north of County Road 42 and east and west of County State Aid Highway 17 [Boldt & Welch Property]. Cncl. Link asked that this item be deferred until later in the agenda because the applicant was not in attendance at the meeting yet. Cncl. Link told the applicant to come later. CncI. Lehman stated that he attended the Park and Recreation Advisory Board meeting (PRAB). Cncl. Lehman stated some of the issues discussed included the Huber Park CIP, land acquisition and its possible funding and preliminary plats for new parks. Official Proceedings of the October 1, 2002 Shakopee City Council Page -3- He noted that he and Cncl. Joos went to a hazardous waste material demonstration by the Fire Department that was very interesting. Cncl. Joos noted that he attended the Blueprint 2030 presentation that was put on by the Metropolitan Council. He would like the gravel/mineral mining followed up on by staff to see'if this notion was feasible. There was a large section of the City of Shakopee that had a huge amount of gravel and this resource is in demand. Cncl. Joos also attended the Table Top Exercise that was most enlightening. Cncl. Joos also attended the County Road 21 information meeting. He stated this meeting was an overview of what the plans are for County Road 21 and the second purpose of the meeting was to get public input. There are still issues to be resolved. Cncl. Joos noted he was at the Chamber of Commerce meeting where alternate resources were discussed to get the City's monuments installed. Cncl. Joos noted that at the School Board meeting the main issue there was the referendum coming up. Cncl. Joos also noted the HAZMAT training session he and Cncl. Lehman attended. Joos/Link moved to recess at 7 :19 p.m. for the purpose of conducting the Economic Development Authority Meeting. Motion carried 4 -0. Mayor Mars re- convened the City Council meeting at 7:29 p.m. Cncl. Lehman questioned the funding on the adoption of the park master plan for a soccer complex located on 17' Avenue between Sun Path School and the soon to be constructed Shakopee Area Catholic Education Center. Cncl. Lehman would like to see this funding come from the Park Reserve funds and this was not identified in the staff report. Mr. McQuillan, Natural Resource Director, noted the Park Reserve Fund could be the primary source. Lehman/Link moved to approve the Park Master Plan for the Shakopee Soccer Complex done by the consulting firm of Ingraham & Associates. This soccer complex is to be located on 17 Avenue between Sun Path School and the soon to be constructed Shakopee Area Catholic Education Center. Motion carried 4 -0. Joos/Lehman moved to continue the Comprehensive Plan Amendment to re -guide property from Single - Family Residential to Medium Density Residential until the October 15, 2002 meeting of the City Council, for property located north of Vierling Drive, east of Presidential Lane, and west of Jefferson Street. Motion carried 4 -0. Mr. Leek, Community Development Director, reported on the Scott County Area Transit Study. Mr. Leek requested that after discussion and questions tonight that the City Council adopts the resolution that staff had prepared accepting the findings and adopting the Scott County Area Transit Study. Official Proceedings of the October 1, 2002 Shakopee City Council Page -4- John Mulcahy, Policy Analyst with Scott County, and author of the report in the Cncls. pact on the Scott County Area Transit Study approached the podium. Mr. Mulcahy stated much time has been expended preparing this study. Mr. Mulchay gave a presentation on the Scott County Area Transit Study. Mr. Mulcahy stated there are some corporate traffic enhancements provided in the report pending funding availability. Traffic demands and related issues were discussed and a task force was put together to compile data regarding these issues. This task force included MnDOT, the Metropolitan Council, the Shakopee Mdewakanton Sioux Community (SMSC), the City of Prior Lake, Scott County Transit, the City of Shakopee, the Minnesota Valley Transit Authority, the Southwest Metro Transit, and Scott County Public Affairs. Mr. Mulcahy went over the methodology used for the study and what information this methodology generated. Mr. Mulcahy noted the large growth of Scott County compared to other counties of the State and the high percentage of this growth around Hwy 169. Some pros found in the Scott County Area Transit Study were: 1) the elderly and the disabled are being served and 2) there are independent multiple agencies available to serve the Scott County area. Some of the cons found in the study were: 1) limited to dial -a -ride service, 2) no service to the middle area, 3) the majority of the population was not being served or promoted, 4) lack of evening transit, 5) lack of service to the airport and 6) service redundancy. Mr. Mulcahy noted that transit agencies have different operating procedures and guides. Mr. Mulcahy noted that it was commuters basically using the transit system to go and come home from work. Mr. Mulcahy described the type of people riding the different transit systems that was used for planning services. There were a lot of people riding transit services into Shakopee; much more is needed, however. Mr. Mulcahy described some options provided in the study. The goal of transit was to link up services, express and /or regular services with other transit performers. This is hoped to be done in the phase one 2002/03 process. Phase two of options that the Scott County Area Transit Study proposed were given by Mr. Mulcahy. This phase consisted of linking many destinations also, with other routes and realigning services to better meet the communities needs and demands. Mr. Mulcahy noted that some communities have already designated locations for a transit transfer site. There was dialogue between Cncl. Lehman and Mr. Mulcahy as to how the elderly, on a fixed income, would be served by transit services. Mr. Mulcahy noted there would need to be much advertising of this transit system when all the bugs were worked out. Official Proceedings of the October 1, 2002 Shakopee City Council Page -5- Lehman/Link offered Resolution No. 5787, Accepting Findings and Adopting Scott County Area Transit Study, and moved its adoption. Motion carried 4 -0. Joos/Link moved to approve the "Agreement for Operation and Management of the Shakopee Area Transit Bus Services ". (Motion carried under the Consent Agenda). , Joos/Link moved to authorize the publication of notice in the "EQB Monitor" and distribution of the Comments, Responses & Mitigation Plan — Supplement to Valley Green Corporate Center FAUAR. (Motion carried under the Consent Agenda). Joos/Link offered Resolution No. 5789, A Resolution Of The City of Shakopee Denying A Request By Robert and Laura Bauer For Variances To allow A Three (3) Foot Side Yard Setback Instead Of The Required Five (5) Foot Side Yard Setback, And A Twelve (12) Foot Rear Yard Setback Instead Of The Required Twenty (20) Foot Rear Yard Setback For Property In The Old Shakopee Residential (R -1C) Zone At 434 Lewis Street. (Motion carried under the Consent Agenda). Ms. Schaefer, Assistant to the City Administrator, entered and took her seat. Mayor Mars opened the public hearing on the proposed vacation of an easement located north of County Road 42 and east and west of County State Aid Highway 17 [Boldt & Welch Property]. Mr. Leek, Community Development Director, reported on the public hearing for the proposed vacation of an easement located north of County Road 42 and east and west of County State Aid Highway 17 [Boldt & Welch Property] that had been continued several times at the request of the applicant. He oriented the proposed vacation of an easement located north of County Road 42 and east and west of County State Aid Highway 17 [Boldt & Welch Property] and recapped briefly the previous public hearings. Mr. Leek noted that originally the request was for a vacation of a blanket easement and now the proposed vacation had been reduced in size. This blanket vacation, initially, was a condition of approval of the plat for Weinandt Acres back in the 1980's. The condition required that the blanket easement be granted to both the City of Shakopee and to the Weinandt's proposing the plat for Weinandt Acres Subdivision. Mr. Leek noted that the request before the City Council does not vacate that private easement with the Weinandt Acres Subdivision; the request only pertains to the City's easement. According to the attorney, from the Nicholas Law Firm, representing the Boldt's in this matter, they would like to see final action regarding this vacation as soon as possible. Mr. Leek noted that he had put on the table a draft resolution that would vacate the blanket easement with the exception of the southerly 225 feet where a drainage and utility easement would be retained. Mr. Leek felt there was general agreement about that 225 feet area. Mr. Leek noted that Mr. Weinandt has concerns regarding the impact of that vacation of the public portion of that easement on titles and /or mortgages for subsequent purchasers in Weinandt Acres. Mr. Leek noted that Mr. Weinandt had already sold many acreages. Official Proceedings of the October 1, 2002 Shakopee City Council Page -6- Mayor Mars asked Mr. Loney, Public Works Director and City Engineer, if the 225 feet left after vacating the balance of the public easement located north of County Road 42 and east and west of County State Aid Highway 17 [ Boldt & Welch Property] was sufficient for the drainage and utilities. Mr. Loney stated his department was satisfied that the 225 feet would cover the City adequately for drainage. Cncl. Link noted due to a conflict of interest he would not vote on this vacation but he would speak on the vacation issue. Jim Thomson, City Attorney, noted that back in the 1980's when this easement was originally made it ran in favor of the City and the easement also ran in favor Mr. Weinandt. The two issues needed to be addressed. The issue with the City can be addressed by proceeding with the vacation of an easement located north of County Road 42 and east and west of County State Aid Highway 17 [ Boldt & Welch Property] and the City can cooperate with the property owners to assist them in whatever they need to do for the developed lots. The City Attorney noted there was no guarantee that further action would not be needed regarding the developed lots in Weinandt Acres but the City is responsible only for the public portion of the blanket easement. The City Attorney noted the Boldt's closed on this land issue with the issue of the easement showing up and the Boldt's took responsibility to clear this title issue up with respect to the blanket easement. If the City taking action tonight does not clear up the easement issue satisfactorily with the title company then further action will need to be taken and all the City can do then is cooperate and work with the property owners and help them find out what they need to do. Julie Welch, 2700 Santee Trail, Prior Lake, approached the podium and stated that she felt a negligent blanket easement had been drawn up. In drawing up this blanket easement the entire Boldt property was encompassed in this easement, including the buildings. She felt this blanket easement should have been granted solely to the City rather than to the City and Mr. Weinandt and his assigns and there should have been just compensation given to the Boldt's and they were given none. The Boldt's felt they were granting this easement in good neighborly faith and they had no idea what they were entering into when they signed this agreement. The Welch's noted that they had monitored the water this year on this easement and Ms. Welch stated there had been no water problem. The Welch's had no intention of stopping or re- directing the water. According to Ms. Welch, the 225 feet strip of land asking to be retained by the City for easement purposes, is already protected by the Wetland Delineation Act. She did not want to give away 225 feet of their land to the City without any compensation. She felt the amount of land the City was recommending for an easement area was not necessary. Ms. Welch felt they should not have to come back again to deal with this issue if they ever wanted to develop this property. She would like to see this easement issue resolved now. Ms. Welch felt Official Proceedings of the October 1, 2002 Shakopee City Council Page -7- Mr. Thomson's solution did not address the Weinandt issue and all the homeowners in the Weinandt Addition. She felt this situation was created by a former City Attorney. She proposed that the City nullify or rescind the existing "negligent" easement which would remove the Weinandts, their successors and the mortgage companies from the blanket easement issue. She would like to sign a new drainage easement with the City of Shakopee for approximately 30 feet and the Welch's would accept full responsibility for any surface water drainage from extreme downpours of rain and not hold the City liable. She noted that they would be improving the quality of water before it left their property to travel downstream. Ms. Welch stated they would like to make some changes /improvements to the wetlands. They were looking to retain what they paid for. Cncl. Lehman wanted to know if 30 feet was even going to be realistic for any kind of drainage. He also took offensive to the City being called "negligent" in the eyes of Ms. Welch. Mr. Loney addressed this proposed 30 feet drainage easement question. He noted there was drainage from Weinandt acres, there were wetlands identified in this area, there is a low area in the area and he really needed a detailed map showing where the drainage channel is. Mr. Loney was looking at protecting the City and Weinandt Acres, with out this detailed map he was not sure 30 feet was sufficient to provide this protection. Cletus Link, 1216 Jefferson Street, approached the podium and noted the applicant was his daughter and son -in -law. Mr. Link noted that he had been helping the Welch's to get that area encompassed in this blanket easement cleaned -up. Mr. Link oriented the Weinandt Addition showing culverts in the area. Mr. Link described the water flow and where it flowed. Mr. Link stated the water always stayed in the channel. He felt a 30 -foot easement was sufficient to handle the water flow. He felt the 225 feet requested by the City for the drainage and utility easement was an unreasonable request. Mr. Loney stated that if a future plat came in, then working with the platting process the easement could be reduced to what is actually needed. Mr. Loney stated the City has looked at this and has offered to sit down and define the drainage channel and the actual area needed for drainage with the applicant. Mr. Loney noted it was the responsibility of the applicant to provide information regarding the drainage in this area. He noted that he received a call asking that this issue be tabled. He noted the attorney for the Boldt's had been in most of the communications, however, the applicant, the Welch's, have not been involved in any of the discussions and has not had any discussions with staff on any easement reductions. Mr. Loney suggested that the Welch's sit down and meet with staff and go over some possibilities for the easement size. Mr. Link took exception to this remark. He stated the applicant has been in contact with City staff. Harry Weinandt, 1259 Maxine Circle, approached the podium and noted when he applied for the plat for Weinandt Acres, the City would not give him approval until he got the easement from the Boldt's for a water easement. He felt he did not need a water easement but the City required it. The water was going to go through the wetlands anyway. He wanted to know who was Official Proceedings of the October 1, 2002 Shakopee City Council Page -8- responsible for correcting this situation for the current landowners in Weinandt Acres, Mr. Weinandt stated that if Mr. Loney said it was 225 feet needed to protect the City and Weinandt Acres, then he was for the 225 feet. , The City Attorney stated that if this blanket easement vacation were approved tonight, when this vacation was recorded all the sold lots in Weinandt Acres would be updated to reflect this vacation. Mr. Thomson noted that the City was not interested in retaining an easement any larger than what was needed. Mr. Thomson noted that when an area is improved with homes, this increases the amount of water drained from the properties; that is why an easement was granted. Mr. Thomson stated that when he and Mr. Loney met with the attorney for the Boldt's, the major concern was paying for the expenses of a survey. The 225 foot easement was the easier and therefore, less costly way to do the easement. A 30 feet easement can be looked at but more work and expense will be incurred. Staff was at least trying to take off the blanket easement and facilitate this issue tonight. Ms. Welch noted that the situation has been in the Boldt's hands. Ms. Welch noted that they did not sit in on the discussions because it was the Boldt's attorney that the Boldt's hired and it was the Boldt's responsibility to take care of the blanket easement. Part of the agreement was that the Welch's were to be in agreement, as well as the Boldt's, on the easement in the end. The Boldt's attorney spoke with Mr. Loney and discussed the 225 feet. The Boldt's were acceptable to this but they the Welch's were not. Mr. Leek suggested an alternative to the resolution that was on the table. He suggested dialogue and engineering facts as to the amount of the easement that was needed. He also noted that the wetland delineation was not a part of the City staff's file on this vacation request. He would like to see some cooperation in sharing this information so the size of the easement can be agreed upon by everyone. Mr. Link noted whom the Welch's were working with and he noted that information had been filtered into the engineering office. Mr. Link still felt the 30 feet drainage easement was more than adequate. The City Attorney noted the City Council has the discretion to continue the public hearing because the previous continuations had been at the applicant's request. Mr. Loney approached the podium and stated that he believed the water from Weinandt Acres meandered thru the easement area and he did not think 30 feet was wide enough. Mr. Loney noted vacating the blanket easement in this area and having another easement granted may clear up some of the issue but that would need to be investigated. That was a legal problem. The issue tonight is the drainage easement that was required. What reduction in the easement makes sense at this time. The applicant's proposal was not heard of until tonight. The area was very flat but he was willing to sit down and discuss the easement issue. Official Proceedings of the October 1, 2002 Shakopee City Council Page -9- Mr. Leek noted that Scott Smith, Assistant City Engineer, had made a request several months ago that the high water level be delineated on the Boldt & Welch property. According to Mr. Leek, this information has not been received by City staff yet. The City Attorney noted the City could render the easement null and void. That is the public easement only. The public easement the City is responsible for. The only way this can be done is to vacate the public easement. A second document containing the new easement that is needed could be executed simultaneously with the vacation. The Welch's stated they would be willing to attend the meetings, but they were not willing to pay for studies; they inherited the problem. Mr. Loney noted this issue was a question of where the drainage channel is; the drainage flow on that property. Mr. Loney stated there needed to be a survey and this survey has not been shown to the City. Lehrnan/Joos offered Resolution No. 5764, A Resolution Of The City Of Shakopee Vacating An Easement North Of County Road 42 And East and West of CSAH 17, City Of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried 3 -0 with Cncl. Link abstaining. Mr. Loney reported on the request by Shakopee Crossings to install street and utility improvements for the Riverside Grove Subdivision, prior to final plat approval. Mr. Loney noted the City Council has approved preliminary plats for Riverside Grove and Shakopee Crossings East. Mr. Loney noted that City Code does not allow the construction of any improvements except grading, once a plat has received preliminary approval but before final plat approval has been received. The applicant is requesting that these improvements for utilities and street construction be acted on now because of the timing of the construction season. The Riverside Grove developers would like to get the streets and utilities completed before winter sets in. The final plat for Riverside Grove will not be reviewed by City Council until the second week in November. The grading permit is being reviewed by City staff now. Mr. Loney oriented the Riverside Grove site. He noted the developers are working with Scott County on street access now. Mr. Loney noted this type approval for street construction and utilities improvements has been granted under the old ordinance before in situations similar to this one. The developer then and now would need to hold the City harmless, pay all fees and get approval of the set of plans if the Council wanted to move forward with this request under the new ordinance. Mr. Loney also noted that final plat approval is taking longer now because MnDOT and Scott County each get 30 days for review. Chris Enger, Land Resources Manager for Ryland Homes, approached the podium and noted that these improvements would be put in at Ryland's risk. He wanted to work with the City so the street and utility improvements could be put in now. Mr. Enger did concur with the recommendations made by City staff and Ryland Homes would abide by those recommendations. Official Proceedings of the October 1, 2002 Shakopee City Council Page -10- He certainly understood that Ryland Homes would proceed at their own risk. Mr. Enger stated it would be a real hardship to Ryland Homes if those improvement did not get put in now. Mr. Loney noted that the grading permit was very close to being granted. Mr. Loney thought the grading permit for Riverside Grove should be done within the week. Joos/Lehman moved to allow the developer of Riverside Grove to proceed with the installation of street and utility improvements, prior to approval of a final plat for Riverside Grove conditioned upon the grading permit being approved prior to allowing the developer of Riverside Grove to proceed with the installation of street and utility improvements It w, is noted that these street and utility improvements pertained to the northerly half of the development. Motion carried 4 -0. Joos/Link moved to approve the issuance of a Certificate of No Loss or Exemption for the Philip and Marianne Kanning property based on the Wildlife Improvement Exemption with the condition no further work be done without approval from the City of Shakopee. (Motion carried under the Consent Agenda). Mr. Loney reported on the traffic studies for various areas in the City of Shakopee. These areas were: French Trace Avenue and Brittany Drive, 7 Avenue and Atwood Street, Granite Drive and Sapphire Lane, Scott Street and 5 h Avenue and Brittany Drive and Downing Avenue. Petitions were received to do traffic studies on French Trace Avenue and Brittany Drive and Brittany Drive and Downing Avenue. These petitions were to study those intersections for stop signs. The first area studied was French Trace Avenue and Brittany Drive. A multi -stop sign was requested by petition. Mr. Loney noted based on the engineering analysis staff recommended that no change in signage be made, however, more enforcement in regulating speeding motorists should be done. The intersection did not meet the warrants. Mr. Loney noted the speed was of high concern to the residents. Mr. Loney also pointed out that this study was done before 17`'' Q°: °nue, Independence Drive and Valley View Road were improved. Mr. Loney stated French Trace ,;-. n; j provided a straight shot to Sarazin Avenue. Larry Holm, 1954 French Trace Avenue, approached the podium and stated none of the Sun Path Development was there when he moved into his new home. He was concerned about all these people going north to 17'' Avenue and he was concerned about the speed. He stated everyone needed to go down French Trace Avenue. Mayor Mars noted the couple of improvements being done now that may help this situation. Mr. Holm did not want sidewalks on his side of the street. He took the petition around and everyone signed it in the neighborhood. Travis Keister, 2014 French Trace Avenue, approached the podium and stated he was at the meeting tonight to make a point about safety.. The intersection by his home was a school bus pick -up corner where many children congregated. He didn't want the Council to hide behind the numbers in their report. Official Proceedings of the October 1, 2002 Shakopee City Council Page -11- Cncl. Lehman noted that speed enforcement was the first option to try. Cncl. Lehman would like this information given to the Police Department. Mr. Loney pointed out some little things that could be done at this intersection. The neighborhood watch was suggested to get people's attention. Mr. Loney noted that this intersection had been studied before. He noted there were not any signs posted in this area. Mr. Loney noted signs needed to be in the right place so the general public would respect the sign. Mr. Loney discussed the number of cars that went through this intersection. The fifth and last area studied was Brittany Drive and Downing Avenue. This intersection was discussed next because there were people in the audience that came to discuss this matter. There was a petition for an all way stop at this intersection. Mr. Loney noted there is sidewalk on one side of Downing Avenue and on one side of Brittany Drive. Mr. Loney noted there is a slight sightline problem because of the hill on Brittany Drive. Mr. Loney thought perhaps warning signs of an approaching stop sign may be appropriate. Mr. Loney noted that Brittany Avenue was a major route off of 17` Avenue. Mr. Loney noted the recommendation from staff is for no change at this time but a new traffic study should be done again once Downing Avenue is completed to the east. Kristina Rudd, 1932 Downing Avenue, approached the podium and discussed the criteria used. Ms. Rudd also noted that this intersection was a school bus stop. Ms. Rudd also stated that there were no signs of any kind in the neighborhood. Treavor Erlandson, 1995 Brittany Court, approached the podium and commented on Cncl. Lehman's comment that signs would not slow down vehicles. Mr. Erlandson also stated the neighborhood people slowed down while this study was going on; this had the effect of lowering the speed. He noted where he lived was a very young community with many children. Sharon Hackers, 2048 Brittany Court, approached the podium on behalf of the homeowner's association and stated that the Brittany Drive and Downing Avenue intersection was an accident waiting to happen. Ms. Hackers pointed out that there were no precautionary signs in this neighborhood either. The second area studied was 7 r '' Avenue and Atwood Street. It was recommended to install stop signs on 7 Avenue because of the limited sightlines and the number of accidents. The third area studied was Granite Drive and Sapphire Lane. This area did not meet warrants and no change in signage was recommended. The fourth area studied was Scott Street and 5"' Avenue. It was recommended to put stop signs on 5` Avenue. This intersection almost meets the warrants plus there are stop signs at 4 th P, and 2 ° ' Avenues giving the impression that Scott Street is a through street. Official Proceedings of the October 1, 2002 Shakopee City Council Page -12- Lehman/Joos moved to direct staff to install stop signs and other signs as recommended to the intersections in Study Areas 42 and #4 and to accept the findings of staff on the Traffic Studies and the recommendations. Motion carried 4 -0. Lehman/Joos moved to direct staff to continue to look at French Trace Avenue and Brittany Drive and Brittany Drive and Downing Avenue intersections and moved to direct staff to forward this information on speed /speeders on French Trace Avenue and Brittany Drive and Brittany Drive and Downing Avenue intersections to the Police Department and for the Police Department to forward their action taken on these speeders to the City Council. Cncl. Joos asked Mr. Loney to verify his information on French Trace Avenue and Brittany Drive. Mr. Loney will follow -up on this request and will bring this information back to the City Council. Motion carried 4 -0. Joos/Link moved to authorize the appropriate City officials to execute the reimbursement agreement between the Prior Lake - Spring Lake Watershed District and the City of Shakopee on the repair of the Prior Lake Outlet Channel by the Metropolitan Council Environmental Services Interceptor. (Motion carried under the Consent Agenda). Joos/Link moved to approve the additional compensation to WSB & Associates for the additional engineering work in the amount of $23,044.05 for the County Road 17 /County Road 79 Pedestrian Bridge Project, 2002 -8. (Motion carried under the Consent Agenda). Joos/Link moved to approve the use of Park Reserve Funds to purchase a metal hexagon shelter from Minnesota/Wisconsin, Inc. at a cost not to exceed $18,039.25 for Southbridge neighborhood park. (Motion carried under the Consent Agenda). Joos/Link moved to acknowledge receipt of the "Waiver and Admission of Violation" from Raceway Park, Inc., One Checkered Flag Boulevard, for the sale of alcohol to a minor and impose a penalty for the first violation in the amount of $1,000 and a suspension of the license for one day, and suspend $500 of the fine and the one day suspension for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one -year period. (Motion carried under the Consent Agenda). Joos/Link moved to acknowledge the receipt of the "Waiver and Admission of Violation" from Sky Ventures, LLC (Pizza Hut), 257 South Marschall Road, for the sale of alcohol to a minor and impose a penalty for the first violation in the amount of $1,000 and a suspension of the license for one day, and suspend $500 of the fine and the one day suspension for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one -year period. (Motion carried under the Consent Agenda). Official Proceedings of the October 1, 2002 Shakopee City Council Page -13- Joos/Link offered Resolution No. 5781, A Resolution Appointing Judges Of Election And Establishing Compensation. (Motion carried under the Consent Agenda). Joos/Link moved to establish a budget workshop session to be held beginning at 5:00 p.m., October 22, 2002. (Motion carried under the Consent Agenda). Cncl. Lehman wanted to know if the closure of Lewis Street and 3r Avenue were part of the bid package for the new library. Tracy Schaefer, Assistant to the City Administrator, addressed this question. She noted that the street closure was being done for public safety. Cncl. Link stated that this street closure was normal in any downtown construction. Ms. Schaefer researched this street closure with the City's of Edina and St. Louis Park. Ms. Schaefer stated that these Cities recommended that there be a street closure. She requested that only one side of the street be closed so the downtown businesses and residents would not be affected adversely. Lehman/Joos moved to authorize the appropriate City staff to close the North half of 3r Avenue and the East half of Lewis Street everyday for the next 2 months, Monday Through Friday during working hours effective immediately, and the closure of 3r Avenue and Lewis Street completely around the library construction site the week of October 14' — 18 during working hours. Mike Werth, 238 Lewis Street, owner of Caffe LaBara, located on Lewis Street and 3r Avenue, approached the podium and stated his building would be adversely affected with the closure of Lewis Street. He objected to this street closure. Mr. Werth described the parking situation. Motion carried 4 -0. Cncl. Lehman discussed the amount of time that some residents requested from City staff. He also asked that City Council look at the direction that two Boards had been given and perhaps more direction was needed for these Boards. Lehman/Joos moved to adjourn to Thursday, October 10, 2002, at 5:00 p.m. for a Code Enforcement workshop. Motion carried 4 -0. The meeting adjourned at 10:28 p.m. u . d " 6 dith S. Cox City Clerk Carole Hedlund Recording Secretary CITY OF SHAKOPEE uT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: November 27, 2002 Introduction and Background Attached is a print out showing the division budget status for 2002 based on data entered as of 12/01/2002. 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 $103,034.99. The actual net expense amount is $605,542.64. Action Requested Move to approve the bills in the amount of $708,577.63. dt R5509F00 LOGIS007 CITY OF SHAKOPEE 11/27/02 9:11:59 Expenditures by Co (pb), Division Expenditure Report by Company Page - 1 11/30/02 Annual Current Month YTD Exp. Avail. _ Description Budget Actual Balance Balance % % 01000 GENERAL FUND 11 MAYOR & COUNCIL 90,820.00 3,103.51 69,996.91 20,823.09 77.1 22.9 12 CITY ADMINISTRATOR 558,150.00 32,764.85 459,577.95 98,572.05 82.3 17.7 13 CITY CLERK 325,000.00 21,420.24 215,979.70 109,020.30 66.5 33.5 15 FINANCE 675,470.00 31,630.26 536,971.33 138,498.67 79.5 20.5 16 LEGAL COUNSEL 424,500.00 7,964.17 338,386.55 86,113.45 79.7 203 17 COMMUNITY DEVELOPMENT 758,910.00 72,404.52 497,401.17 261,508.83 65.5 34.5 18 GENERAL GOVERNMENT BUILDINGS 375,200.00 6,777.74 213,194.50 162,005.50 56.8 43.2 31 POLICE DEPARTMENT 2,981,100.00 202,718.52 2,420,723.39 560,376.61 81.2 18.8 32 FIRE 1,046,480.00 131,213.40 754,218.27 272,261.73 73.5 26.5 33 INSPECTION- BLDG - PLMBG -HTG 585,230.00 41,454.59 482,696.57 102,533.43 82.5 17.5 41 ENGINEERING 658,730.00 52,637.10 562,799.21 95,930.79 85.4 14.6 42 STREET MAINTENANCE 963,840.00 33,732.33 733,416.90 230,423.10 76.1 23.9 44 SHOP 188,780.00 25,314.32 185,452.20 3,327.80 98,2 1.8 46 PARK MAINTENANCE 691,600.00 32,852.34 530,472.48 161,127.52 76.7 23.3 91 UNALLOCATED 363,630.00 505.76 106,076.68 257,553.32 29.2 70.8 01000 GENERAL FUND 10,667,440.00 696,493.65 8,107,363.81 2,560,076.19 76.0 24.0 Annual Current Month YTD Exp. Avail. Description Budget Actual _ Balance Balance % _90_ 02140 TRANSIT _ 17 COMMUNITY DEVELOPMENT 603,870.00 99,990.05 311,333.64 292,536.36 51.6 48.4 02140 TRANSIT 603,870.00 99,990.05 311,333.64 292,536.36 51.6 48.4 Annual Current Month YTD Exp. Avail. Description Budget Ac tual Balanc Balance % % 07500 RECREATION FUND - -! -- 75 RECREATION PROGRAMS 1,480,660.00 84,697.5 _ 1,330,070.07 150,589.93 _ 89.8 1 07500 RECREATION FUND 1,480,660.00 84,697.52 1,330,070.07 150,589.93 89.8 �_ 10.2 R55CKREG L-- 22000VO CITY OF Sh. .'EE 1112, 9:10:46 Council Check Register Page - 1 11/15/02 -- 12/1/02 Check # Amount Vendo / Explan Account Description Business Unit 75215 1,772.34 AFLAC AFLAC PAYABLE PAYROLL CLEARING 75216 61,069.27 CARVER CO HRA OTHER EDA MANAGEMENT 75217 44.67 CENTERPOINT ENERGY GAS BUILDING /APPARATUS 75218 8,213.03 CONVENTION & VISITORS BUR OTHER LODGING TAX 75219 14.22 CULLIGAN BOTTLED WATER OFFICE SUPPLIES SW METRO DRUG TASK FORCE 75220 3,765.59 ELAN FINANCIAL SERVICES OPERATING SUPPLIES ICE ARENA MANAGEMENT 75221 306.72 10 S CAPITAL INC EQUIPMENT RENT POLICE MANAGEMENT 75222 450.00 JIM CARLSON LEASING CO EQUIPMENT RENT SW METRO DRUG TASK FORCE 75223 492.00 MCLAIN,CAROL JEAN EVIDENCE ROOM DEPOSIT SW METRO DRUG TASK FORCE 75224 24.80 MCLEOD CO ATTORNEYS OFFICE FINES & FORFEITS SWMDTF STATE FOFEITURES 75225 57,253.45 MEDICA HEALTH PAYABLE PAYROLL CLEARING 75226 480.00 MN CHILD SUPPORT PAYMENT CTR OTHER DEDUCTIONS PAYROLL CLEARING 75227 12.40 MN STATE TREASURER'S OFFICE FINES & FORFEITS SWMDTF STATE FOFEITURES 75228 11.00 QWEST DEX ADVERTISING ICE ARENA MANAGEMENT 75229 29.55 WOLD,SHAWNA WAGES - PART TIME/TEMP POOL MANAGEMENT 75230 56,000.41 MEDICA HEALTH PAYABLE PAYROLL CLEARING 75231 11.13 AT&T TELEPHONE FIRE MANAGEMENT 75232 111.17 ABRAHAMSON, TAMMY TRAVELISUBSISTENCE RECREATION GENERAL MANAGEMENT 75233 11,438.85 ACT ELECTRONICS INC ENGINEERING CONSULTANTS VIERLING DR /SAGE LANEICSAH 17 75234 103.75 ADVANTAGE COMMUNICATIONS INC EQUIPMENT MAINTENANCE CITY HALL 75235 63.90 ADVANTAGE FIRST AID AND SAFETY OPERATING SUPPLIES ICE ARENA MANAGEMENT 75236 551.67 AGGREGATE INDUSTRIES OTHER SOUTHBRIDGE 75237 1,659.00 ALLEN LEE HOMES C.O. CHARGE PAYABLE ESCROW FUND 75238 50.00 ANCOM COMMUNICATIONS INC OPERATING SUPPLIES FIRE MANAGEMENT 75239 331.75 APACHE GROUP OPERATING SUPPLIES CITY HALL 75240 165.81 APPLE FORD OF SHAKOPEE INC MERCHANDISE SHOP MANAGEMENT 75241 865.84 ASSOC MECH CONTR INC OTHER GORMAN SITE 75242 40.00 BCAIFORENSIC SCI LAB CONFERENCEISCHOOL/TRAINING POLICE MANAGEMENT 75243 415.14 BECKER ARENA PRODS INC OPERATING SUPPLIES ICE ARENA MANAGEMENT 75244 69.41 BIG K -MART OPERATING SUPPLIES SARAZIN STREET EXTNALLEY VIEW 75245 89.99 BISEK,DEAN J OPERATING SUPPLIES STREET MANAGEMENT 75246 475.00 BOHN WELL DRILLING INC OTHER GORMAN SITE 75247 1,837.50 BOLTON & MENK INC ENGINEERING CONSULTNTS SARAZIN STREET EXTNALLEY VIEW 75248 675.00 BRANDL/ANDERSON C.O. CHARGE PAYABLE ESCROW FUND 75249 217.41 BRAUER & ASSOC LTD OTHER HUBER PARK 75250 50.00 BRENNER,DAVID MATTHEW FINES & FORFEITS FORFEITURE 75251 258.37 BRYAN ROCK PRODUCTS MATERIALS STREET MAINTENANCE 75252 88.00 BUSINESS JOURNAL SUBSCRIPTIONS/PUBLICATIONS EDA MANAGEMENT 75253 89.00 BUSINESS RADIO LICENSING OPERATING SUPPLIES FIRE MANAGEMENT 75254 56.25 C & D COMMUNICATIONS INC EQUIPMENT MAINTENANCE POLICE MANAGEMENT 75255 75.45 CATCO MERCHANDISE SHOP MANAGEMENT R55CKREG LOG22000VO CITY OF SHAKOPEE 11127/02 9:10:45 Council Check Register Page - 2 11/15/02 --12/1/02 Check # Amount Vendor / Explanation Ac count Description Business Unit 75256 2,056.18 CENTERPOINT ENERGY GAS CITY HALL 75257 94.00 CLAREY S SAFETY EQUIP INC EQUIPMENT MAINTENANCE FIRE MANAGEMENT 75258 15,853.00 D.R, HORTON C.O. CHARGE PAYABLE ESCROW FUND 75259 434.85 DELLWO, CHRIS TRAVEUSUBSISTENCE POLICE MANAGEMENT 75260 4,134.30 DELTA DENTAL PLAN OF MN DENTAL INSURANCE PAYROLL CLEARING 75261 675.00 DEUTSCH CONSTRUCTION C.O. CHARGE PAYABLE ESCROW FUND 75262 81.00 DICTAPHONE CORP OPERATING SUPPLIES POLICE MANAGEMENT 75263 45.00 DOCUMENT DESTRUCTION SERVICE.L OTHER POLICE MANAGEMENT 75264 40.00 DUNN -RITE SHOES & REPAIR OTHER FIRE MANAGEMENT 75265 6,959.70 ED M FELD EQUIPMENT CO INC OPERATING SUPPLIES FIRE MANAGEMENT 75266 347.50 EGAN -MCKAY ELEC CONTRACTORS IN EQUIPMENT MAINTENANCE STREET MAINTENANCE 75267 1,136.20 ELK RIVER CONCRETE PRODS EQUIPMENT MAINTENANCE STORM DRAINAGE MAINTENANCE 75268 132.59 FERRELLGAS MOTOR FUELS & LUBRICANTS ICE ARENA MANAGEMENT 75269 2,739.13 FLEXIBLE PIPE TOOL CO EQUIPMENT EQUIPMENT I.S. FUND 75270 418.46 FORCE AMERICA INC MERCHANDISE SHOP MANAGEMENT 75271 842.88 FREMONT INDUSTRIES INC OPERATING SUPPLIES ICE ARENA MANAGEMENT 75272 5.00 FRIENDSHUH,KENNETH YOUTH ACTIVITIES RECREATION GENERAL MANAGEMENT 75273 15.50 GOPHER STATE ONE -CALL INC OTHER STREET MANAGEMENT 75274 349.89 HEARTLAND TIRE INC MERCHANDISE SHOP MANAGEMENT 75275 16.50 HENNENS TEXACO INC MOTOR FUELS & LUBRICANTS FIRE MANAGEMENT 75276 680.00 HENNEPIN TECHNICAL COLLEGE CONFERENCE/SCHOOL/TRAINING FIRE MANAGEMENT 75277 12,114.06 HOMES BY CHASE RESID LANDSCAPE PAYABLE ESCROW FUND 75278 188.84 HUGHES, DANIEL OPERATING SUPPLIES POLICE MANAGEMENT 75279 9,307.16 INSTANT TESTING INC ENGINEERING CONSULTNTS ENGINEERING MANAGEMENT 75280 14,020.46 KENNEDY & GRAVEN CHRTD ATTORNEY EDA MANAGEMENT 75281 2,504.80 KROMINGA, TERRY OTHER INSPECTION MANAGEMENT 75282 2,838.73 LAURENT BUILDERS C.O. CHARGE PAYABLE ESCROW FUND 75283 57.43 LINK LUMBER INC BUILDING MAINT SUPPLIES BUILDING /APPARATUS 75284 50.00 LOE'S OIL CO REFUSE STREET MANAGEMENT 75285 36,728.45 LOGIS LOGIS PLANNING MANAGEMENT 75286 30.00 LUHMANN,MARK ADULTACTIVITIES RECREATION GENERAL MANAGEMENT 75287 31,550.93 MACQUEEN EQUIP EQUIPMENT EQUIPMENT I.S. FUND 75288 195.00 MAIN STREET NETWORK DUES EDA MANAGEMENT 75289 289.00 MCQUILLAN, MARK CONFERENCE/SCHOOL/TRAINING NATURAL RESOURCES 75290 75.00 MEMA TREASURER DUES POLICE MANAGEMENT 75291 51.12 METRO FIRE INC BUILDING MAINT SUPPLIES FIRE MANAGEMENT 75292 1,000.00 METRO LAWN SPRINKLERS INC OTHER ATHLETIC FIELDS 75293 647.52 METRO SYSTEMS OFFICE SUPPLIES PLANNING MANAGEMENT 75294 581.00 MINNEAPOLIS FINANCE DEPT OTHER PAWN SHOPS 75295 80.00 MN CITY /CO MGMT ASSN DUES ADMINISTRATION 75296 370.00 MN DEPT OF HEALTH OPERATING SUPPLIES PARK SERVICES R55CKREG L,-,Z2000VO CITY OF Sh. .,EE 11/2.. 9:10:46 Council Check Register Page - 3 11115102 — 12/1102 Check # A_ mount Vendor / Explanation Account Description Business Unit 75297 86.99 MN ELEVATOR INC BUILDING MAINT. CITY HALL 75298 75.00 MN EROSION CONTROL ASSN CONFERENCE/SCHOOL/TRAINING NATURAL RESOURCES 75299 133.10 MN STATE TREASURER'S OFFICE FINES & FORFEITS FORFEITURE 75300 4,466.55 MOTOROLA INC OPERATING SUPPLIES POLICE MANAGEMENT 75301 593.75 OLD LOG THEATER OTHER RECREATION GENERAL MANAGEMENT 75302 88.00 PARK NICOLLET CLINIC OTHER PATROL 75303 1.540.00 PASS FENCING & GEN MAINT INC OTHER ATHLETIC FIELDS 75304 280.04 PERKINS COTE ATTORNEY BIA 75305 170.00 PHILLIPS,BARTLEY HOWARD FINES & FORFEITS FORFEITURE 75306 14.00 PUDWILL,COREY YOUTH ACTIVITIES RECREATION GENERAL MANAGEMENT 75307 118.11 RAY O'HERRON CO INC OPERATING SUPPLIES POLICE MANAGEMENT 75308 126.38 REAL GEM AWARDS MISCELLANEOUS MULTI HOUSING -COPS OT 99 GRANT 75309 75.00 RELIABLE WELDING EQUIPMENT MAINTENANCE FIRE MANAGEMENT 75310 240.00 RESPEC INC OTHER LIBRARY -2002 75311 675.00 RICH LOGEAIS HOMES I C.O. CHARGE PAYABLE ESCROW FUND 75312 193.83 RIVERFRONT PRESS PRINTING/PUBLISHING POOL MANAGEMENT 75313 512.00 ROBERT HALF TECHNOLOGY COMPUTER SERVICES MIS 75314 1,034.24 RYLAND HOMES C.O. CHARGE PAYABLE ESCROW FUND 75315 265.26 SAGE CONTROL ORDNANCE INC OPERATING SUPPLIES POLICE MANAGEMENT 75316 7.00 SAWYER,JOHN YOUTH ACTIVITIES RECREATION GENERAL MANAGEMENT 75317 22.00 SCHULZE,TIM YOUTH ACTIVITIES RECREATION GENERAL MANAGEMENT 75318 3,250.00 SCHWICKERTS INC BUILDING MAINT. FIRE MANAGEMENT 75319 203.20 SCOTT CO ATTORNEY'S OFFICE FINES & FORFEITS FORFEITURE 75320 19.00 SCOTT CO TREASURER/DPTY REGR EQUIPMENT MAINTENANCE POLICE MANAGEMENT 75321 840.00 SCOTT MACALPINE LANDSCAPES EQUIPMENT RENT STORM DRAINAGE MAINTENANCE 75322 12.48 SHAKOPEE SCHOOL DIST 720 PRINTING /PUBLISHING POLICE MANAGEMENT 75323 45.12 SHAKOPEE GRAVEL INC MATERIALS STREET MAINTENANCE 75324 1,247.97 SHAKOPEE PUBLIC UTILITY COMM STORM CHARGES STORM FUND 75325 97.52 SHAKOPEE SERVICES INC TRANSPORTATION RECREATION GENERAL MANAGEMENT 75326 27.58 SIEMON IMPLEMENT INC MERCHANDISE SHOP MANAGEMENT 75327 159.75 SNAP -ON TOOLS CORP OPERATING SUPPLIES SHOP MANAGEMENT 75328 1,010.79 SOUTHWEST SUBURBAN INC PRINTING /PUBLISHING CLERK MANAGEMENT 75329 14.00 SPANNBAUER,JOE YOUTH ACTIVITIES RECREATION GENERAL MANAGEMENT 75330 1,940.90 SPRINGSTED INC OTHER EDA MANAGEMENT 75331 2,475.50 STS CONSULTANTS LTD ENGINEERING CONSULTNTS GORMAN SITE 75336 38,499.87 SUNSET HOMES C.O. CHARGE PAYABLE ESCROW FUND 75337 11.00 THOMS,CHUCK EQUIPMENT MAINTENANCE CIVIC CENTER 75338 370.00 TUPY & KUBES TREE SERVICE REFUSE TREENVEED 75339 1,055.62 UHL COMPANY INC EQUIPMENT MAINTENANCE CIVIC CENTER 75340 709.95 UNIFORMS UNLIMITED OPERATING SUPPLIES POLICE MANAGEMENT 75341 1,386.14 UNITED HEALTHCARE INSURANCE CO ACCOUNTS RECEIVABLE - NONSYSTE PAYROLL CLEARING R55CKREG LOG22000VO CITY OF SHAKOPEE 11/27/02 9:10:46 Council Check Register Page - 4 11/15/02 -- 12/1/02 Check # Amount Vendor / Explanation I Account Description Business Unit _. --- ..- _..- .- .— ....... _ . -- 75342 4,000.00 UNITED STATES POSTAL SERVICE POSTAGE CLERK MANAGEMENT 75343 80.00 UNIVERSAL LICENSING SERVICE OPERATING SUPPLIES FIRE MANAGEMENT 75344 534.91 VICKERMAN,PETER CONFERENCE/SCHOOUTRAINING PLANNING MANAGEMENT 75345 2,702.50 VOLK,MERLE EQUIPMENT RENT STREET MAINTENANCE 75346 450.00 WALLACE PERRV C.O. CHARGE PAYABLE ESCROW FUND 75347 189.58 WEST GROUP PAYMENT CTR SUBSCRIPTIONS/PUBLICATIONS CIVIL 75348 628.00 WRIGHT HOMES INC C.O. CHARGE PAYABLE ESCROW FUND 75349 71,757.81 WSB &ASSOC INC ENGINEERING CONSULTNTS ENGINEERING DEVELOPER PROJECTS 75350 188.96 XCEL ENERGY ELECTRIC STREET MAINTENANCE 75351 675.00 YORWAY CUSTOM HOMES C.O. CHARGE PAYABLE ESCROW FUND 75352 1,019.74 ZARNOTH BRUSH WORKS INC EQUIPMENT MAINTENANCE STORM DRAINAGE MAINTENANCE 75353 68.47 ZIEGLER INC MERCHANDISE SHOP MANAGEMENT 75354 202,725.00 SHAKOPEE FIRE RELIEF ASSN STATE AID - FIRE GENERAL FUND 708,577.63 Grand Total Payment Instrument Totals Check Total 708,577.63 Total Payments 708,577.63 C R55CKSUM LOG20000 CITY OF SHAKOPEE 11127/02 9:10:28 Council Check Summary Page - 1 11/15/02 12/1/02 Company Amount 01000 GENERAL FUND 431,798.17 02120 FORFEITURE 556.30 02150 TELECOMMUNICATION 3,741.72 02190 EDA 65,078.92 04020 PARK RESERVE 217.41 04021 CAPITAL IMPROVEMENT FUND 28,237.13 04048 EAST DEAN'S LAKE 2,700.77 04053 2001/2002 PROJECTS 23,097.65 04054 CR16 /CR83 PROJECT 19,062.54 07300 STORM FUND 12,900.62 07500 RECREATION FUND 7,148.24 07800 EQUIPMENT I.S. FUND 33,246.06 07810 BUILDING I.S. FUND 3,740.50 08025 SW METRO DRUG TASK FORCE 993.42 08040 ESCROW FUND 76,058.90 Report Totals 708,578.35 9 City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Adoption Of The 2002/03 Tax Levy And Budget Resolutions DATE: November 21, 2002 Introduction and Background Resolution Number 5819 adopts the final tax levy for payable 2003 taxes. The total gross tax levy for 2002/03 is $1,243,605 more than for 2001/02 primarily due to changes in anticipated state aid and growth in the city. Resolution Number 5820 adopts the 2003 Budget. The budget must be adopted after the tax levy. Action Open public hearing. Accept public comment. Offer Resolution Number 5819, A Resolution Setting the 2002 Tax Levy, Collectable In 2003, and move its adoption. Offer Resolution Number 5820 A Resolution Adopting the 2003 Budget, and move its adoption. Close public hearing. Gregg Voxland Finance Director g: \budget03 \budres03 RESOLUTION NO. 5819 A RESOLUTION SETTING 2002 TAX LEVY, COLLECTIBLE IN 2003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied as the tax levy in accordance with existing law for the current year, collectible in 2003, upon the taxable property in the City of Shakopee, for the following purposes: General Levy $7,370,936 Plus Economic Development Authority 60,000 Debt Service Levy 171,749 Debt Service - Fire Referendum 266,333 (Market Value) BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this third day of December, 2002. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5820 A RESOLUTION ADOPTING THE 2003 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 2003 Budget with the estimated revenues and appropriations for the General Fund and the Special Revenue Funds as shown below is hereby adopted. Estimated Revenue Expenditures & Other Sources & Other Uses General Fund Mayor and Council $ 85,110 Administration 527,720 City Clerk 290,025 Finance 627,660 Legal 443,200 Planning 620,710 Government Buildings 339,980 Police 3,284,010 Fire 1,025,870 Inspection 604,250 Engineering 690,450 Street 1,105,200 Shop 246,270 Park 744,500 Unallocated 320,000 Transfers 932,520 Total General Fund $11,900,100 $11,887,475 Transit Fund $739,660 $634,732 Telecommunications Fund $130,000 $304,590 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this third day of December, 2002. Mayor of the City of Shakopee ATTEST: City Clerk N c, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Comprehensive Plan Amendment to re -guide property from Entertainment to High Density Residential MEETING DATE: December 3, 2002 REVIEW PERIOD: August 15 — December 13, 2002 CASELOG NO.: 02 -092 INTRODUCTION Valley Green Business Park is requesting that the City reguide property in the Comprehensive Land Use Map from entertainment to high density residential. The property is located north of CSAH 16, south of 12" Avenue and east and west of Vierling Drive. The Comprehensive Plan guides this area for Entertainment. PLANNING COMMISSION RECOMMENDATION At its October 3 meeting, the Planning Commission took public testimony and reviewed this request. After review and discussion, a motion to continue the public hearing to November 7 failed by a vote of 2 - 3. A motion was then made to recommend denial of the reguiding request. That motion was approved on a 5 — 0 vote. Reasons cited include 1) that the use of high density residential would not be a good, compatible use and 2) that it could constitute spot zoning and 3) mitigation would be difficult. Provided for your reference is a copy of the October 3, 2002 f inemorandum to the Planning Commission. Following the Planning Commissions recommendation, the applicant requested that this item not be brought forward for City Council review until such time as the Council/Commission workshop was held to discuss the Comprehensive Plan information being prepared by NAC as a part of the preparation of a new Comprehensive Plan. NAC presented information at a meeting on November 26, 2002. The recommendation provided by NAC was that the property not be reguided for residential purposes. Note that the review period for this application expires on December 13. If the Council wishes to choose an alternative other than Alternative No. 1, the applicant would need to agree to an extension of the review period. ALTERNATIVES 1. Adopt Resolution No. 5830, A Resolution Denying the Request to Reguide Property from Entertainment to High Density Residential. 2. Direct staff to prepare a resolution of approval of the requested reguiding from Entertainment to High Density Residential, contingent upon approval of the request by the Metropolitan Council. , 3. Table the matter for further information to be provided by the applicant and/or staff. ACTION REQUESTED Offer a motion to adopt Resolution No. 5830, and move its adoption. J ie Kli a Planner II g:\cc\2002\12-03\compplanvgl2thave.doc RESOLUTION NO. 5830 A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A REQUEST TO AMEND THE 1999 COMPREHENSIVE PLAN UPDATE BY REGUIDING PROPERTY FROM ENTERTAINMENT TO HIGH DENSITY RESIDENTIAL WHEREAS, Valley Green Business Park, applicant and - .Operty owner has requested the re- guiding of land from Entertainment to High Density Resident al: -:_ad WHEREAS, the subject property is legally described as Lot 1, Block 1, and Lot 1, Block 2, Canterbury Park 5 Addition, Scott County, Minnesota. WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 3, 2002, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of December 3, 2002; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above -named request; Finding No. 1: The 1999 Comprehensive Plan Update is not in error; Finding No. 2: Significant changes in community goals and policies have not taken place. Specifically, the City seeks to maintain the opportunity to provide areas for commercial/indus . *a! development along the County Road 83 and 16 corridor and alluw for tevelopment of compatible land uses. Finding No. 3: Significant changes have not occurred in City wide or neighborhood development patterns. The improvements to County Roads 16 and 83 have been designed to facilitate and handle commercial development in this area. The proposed change would not be consistent with the existing business and commercial development pattern. BE IT FURTHER RESOLVED, that the request to amend the 1999 Comprehensive Plan Update by re- guiding the subject property on the Land Use Plan from Entertainment to High Density Residential is hereby denied. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 2002. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Comprehensive Plan Amendment to reguide property from Entertainment to High Density Residential MEETING DATE: October 3, 2002 REVIEW PERIOD: August 15 — December 13, 2002 CASELOG NO.: 02 -092 Site Information: Applicant: Valley Green Business Park Property Owner: Valley Green Business Park Location: North of CSAH 16, south of 12' Avenue and east and west of Vierling Drive Adjacent Zoning: North: Major Recreation (MR) South: Medium Density Residential (R2) /Agricultural Preservation (AG) East: Major Recreation (MR) West: Major Recreation (MR) MUSA: The site is within the MUSA boundary INTRODUCTION: Valley Green Business Park has made a request to amend the Comprehensive Plan guiding of property from Entertainment to High Density Residential. The subject site is located north of CSAH 16, south of 12`' Avenue and east and west of Vierling Drive (see Exhibit A). The property is approximately 19 acres in size. The adopted Land Use Plan guides the subject site for single family development. Please find attached as Exhibit B, a narrative of the application submitted by Valley Green Business Park. 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. 1 The Police Department has commented that it has, in the past had to deal with residents near Canterbury Park expressing concerns related to noise and traffic issues. A copy of these comments have been attached as Exhibit C. The City has contracted with Northwest Associated Consultants (NAC) to prepare a new Comprehensive Plan. A draft of that plan is expected to be submitted for review in late November /early December. Due to the lack of spin -off businesses from the racetrack, staff is anticipating changes being proposed to this area as a part of the Comprehensive Plan update. 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; or ALTERNATIVES: 1. Recommend to the City Council the approval of the request to reguide the subject property, from Entertainment to High Density Residential. 2. Recommend denial by the City Council of the request to reguide the subject property from Entertainment to High Density Residential. 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: As a result of the pending comprehensive plan update, staff recommends that the public hearing on this item be continued to November 7 to allow additional time for the information to be provided by NAC. ACTION REQUESTED: Offer and approve a motion consistent with the wishes of the Commission. t Klima ner II g:\boaa-pc\2002\10-03\compplanvg.doc 2 MR U A MR 1 6 D STE 16 BI STII 169 A G RR N SHAKOPEE w E Proposed Comp Plan Amendment S for Valley Green Business Park [� Zoning Boundary Parcel Boundary I CONSULTING PLANNERS LANDSCAPE ARCHITECTS August 15, 2002 Honorable Mayor and City Council City of Shakopee c/o Michael Leek, Community Development Director Shakopee City Hall 129 Holmes Street Shakopee, MN 55379 RE: Comprehensive Plan Amendment, Canterbury Park 5th Addition, Lots 1 and 2, Valley Green Business Park Honorable Mayor and Council Members: I am writing on behalf of Valley Green Business Park to request your consideration of an amendment to the 2002 Comprehensive Plan. The specific locations of the subject parcels are shown on Figure 1. We request that the land use designation of the subject property be changed from Entertainment to High Density Residential (8 -12 units /acre). Background The subject parcels are located within the area surrounding Canterbury Downs that is currently guided for Entertainment use and zoned Major Recreation with a Planned Unit Development overlay. The previous Comprehensive Plan, adopted in 1995, notes that the Canterbury area is unique and that "if the racetrack viability improves, there is the potential for spin -off businesses that should be concentrated adjacent to the racetrack..." (therefore) "a significant amount of vacant commercial land has been reserved around the racetrack specifically for future expansion /spin -off uses for this unique facility." Since the 1995 plan was adopted, the racetrack has not generated spin -off business development and the subject parcels are prime for a land use change consideration. Planning Considerations The following considerations support the land use designation change from Entertainment to High Density Residential (8 -12 units /acre): • A High Density Residential land use designation would be compatible with the existing or planned surrounding land uses, which are shown on Figure 2. The surrounding land uses north of County Road 16 consist of existing or planned high intensity uses, including Seagate Technologies, Canterbury Downs, and agricultural lands that are guided for commercial, high density, and medium density residential (Figure 3). Medium and lower density residential uses are located south of the subject parcels and across County Road 16. County Road 16 is a significant barrier that provides a buffer to the medium and lower density residential uses from the higher intensity uses north of the roadway. • The amount of traffic generated from High Density Residential will be similar to, if not less than, an Entertainment Use. The subject parcels have direct access to Vierling Drive, which 300 FIRST AVENUE NORTH • SUITE 210 • MINNEAPOLIS, MN 55401 • PH: 612.339.3300 • FAX: 612337.5601 • WWWDSUPLAN.COM ST. CLOUD OFFICE: 101 SEVENTH AVENUE SOUTH • SUITE 110 • ST. CLOUD, MN 56301 • PH: 320.251.3150 - FAX: 320.251.9090 Honorable Mayor and City COI ,i, City of Shakopee August 15, 2002 has immediate access to a minor arterial roadway, County Rd 16, that can accommodate the traffic flows. In addition, the Canterbury entrance drive may become public in the near future, which could function as a reliever to County Road 16 to provide an access corridor to the subject parcels. ■ An existing storm water sub - basin, located on Lot 1, will provide ponding for the parcels. Additional ponding may be required. ■ Both the previous 1995 plan and the recently adopted 2002 plan recognize the lack of spin- off development and some of the area near the racetrack was guided for residential uses. The plan stated that due to "the entertainment and commercial markets never reaching the anticipated growth in this area, the City has planned residential uses up to Shenandoah Street." Since the 1995 plan was adopted, the racetrack has not generated spin -off business development between Shenandoah Street and the racetrack, which is where the subject parcels are located. Therefore, the subject parcels are in a prime location for considering the expansion of residential land uses east of Shenandoah Street. • The Comprehensive Plan notes that "while a significant amount of vacant land has been reserved around the racetrack for future expansion or spin -off uses, the proximity of the racetrack to adjacent residential uses will pose future challenges for the use of the facility." The proposed land use amendment will help the City address these land use conflicts because high density residential uses provide a transition from higher intensity entertainment uses to the lower density residential uses south of CR 16. ■ The proposed amendment is consistent with the following land use goals from the Comprehensive Plan: • Promote development that generally occurs adjacent to existing development, can be easily served by urban services, and uses land efficiently. The subject parcels are adjacent to existing urban development and the proposed High Density Residential designation is an efficient use of the land. • Create desirable livable neighborhoods by encouraging residential development that is compatible with adjacent land uses and transportation facilities. The High Density Residential designation will provide a transition between Canterbury Downs and the existing neighborhoods south of CR 16. - The High Density Residential designation is also compatible with the roadways that serve the property. Requested Council Action To approve a Comprehensive Plan amendment to change the land use designation of the subject parcels from Entertainment to High Density Residential (8 -12 units /acre), as shown on Figure 4. Thank you for your consideration. Sincer J i hilip Carl .o , Al Dahlgren S rdlow, and Uban, Inc., for Valley Green Business Park Enclosures Y yt� a CITY OF t SHAKOPEE MEMO POLICE DEPARTMENT DATE: 08 -22 -02 TO: Julie Klima FROM: Cody Horner SUBJECT: Reclassification of Zone Upon review of the reclassification request for the land next to Canterbury Park, I would like to address two concerns. Firstly, noise pollution from the establishment could pose a problem for the planned residences on the property. In a typical busy office setting where phones are ringing and machines are running the decibel level is usually no higher than fifty. At Canterbury Park, during the fall concerts, the noise level is usually at a constant 77 -86 decibels. That is not including the bass derived from the music. Every year we receive several complaints from citizens about the loud music at the concerts. The business also runs horse racing and a commentator uses a loudspeaker to call the race. This coupled with the concerts could pose a noise problem for people who are occupying their homes. The last issue is traffic /parking. During the PGA Canterbury Park had up to 15,000 vehicles on its property. This is not exclusive to only the PGA. During the concerts, the establishment can hold as many vehicles which were present at the PGA. With this additional traffic comes congestion in the area. The public may find it hard to travel from their residences during these events and parking is at a premium. Seagate, at times, hires out security strictly for their parking lot, so people who are attending the event do not park on their property. If residences are added to the area, these event goers may seek to park on the street next to the homes /apartments. I would strongly review all avenues before reclassifying the zone for high - density residential because of the listed reasons. If you have any questions please contact me. e o�. ♦ II i �..• .�■►•�i� �i 1 � t ,� f , n d e r tIFFY, tom M ist b § F h� 5 nr JJ i� s F Figure 3 - 2002 Land Use Plan Canterbury Park 5th Addition AND- URAW Subject Property ® High Density Residential = Entertainment N Shakopee, Minnesota nuP.t 14,2W2 Single Family Residential &:S Planned Residential = Institutional A 70°® F" Q Medium Density Residential ®Commercial ED Park M l � tt " e r f g 1 a A0 a & NiR tsik �t ' NI 169 T Figure 4 - Proposed Land Use Plan Amendment oar Canterbury Park 5th Addition AM � Subject Property = High Density Residential Entertainment N Shakopee, Minnesota puzuru,zooz Single Family Residential Q Planned Residential Institutional A Medium Density Residential ®Commercial ED Park ,r rrrr \ � � � 1L' Y • p OF t � L r t ftN Y x r , z 1 � .yam _ .. } x _!_ W .. .__.. ,.,,ys Figure 3 - 2002 Land Use Plan __ Canterbury Park 5th Addition UBnN Subject Property High Density Residential Entertainment x Shakopee, Minnesota Augtnt 14, 20e2 Single Family Residential ® Planned Residential = Institutional A 100 0 r" Q Medium Density Residential Commercial Q Park e r V i k Tt 169 -- - - - - -- - En Figure 4 - Proposed Land Use Plan Amendment oara� Canterbury Park 5th Addition ,v� ° v Subject Property IM High Density Residential ME Entertainment x Shakopee, Minnesota aupwt 14, 2002 Single Family Residential Q Planned Residential ® Institutional A zoo F" Q Medium Density Residential JE Commercial Q Park MEMORANDUM FOR THE TABLE TO BE DISTRIBUTED TO COUNCIL MEMBERS AT TRUTH IN TAXATION MEETING CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director P1- SUBJECT: Comprehensive Plan Amendment to re -guide property from Entertainment to High Density Residential/NAC Report MEETING DATE: December 3, 2002 REVIEW PERIOD: August 15 — December 13, 2002 CASELOG NO.: 02 -092 INTRODUCTION: At the November 26, 2002 workshop on the Comprehensive Plan Update, a copy of the NAC report on the request of Valley Green for Reguiding property was provided. A copy of that same report is attached to this memorandum for Council's information. ACTION REQUESTED: Offer a motion to adopt Resolution No. 5830 as presented in the report contained in the packet for the regular Council meeting of December 3, 2002, and move its adoption. g:\cc\2002\12-03\compplanvgl2thave.doc MEMORANDUM FOR THE TABLE TO BE DISTRIBUTED TO COUNCIL MEMBERS AT TRUTH IN TAXATION MEETING RESOLUTION NO. 5830 A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A REQUEST TO AMEND THE 1999 COMPREHENSIVE PLAN UPDATE BY REGUIDING PROPERTY FROM ENTERTAINMENT TO HIGH DENSITY RESIDENTIAL WHEREAS, Valley Green Business Park, applicant and property owner has requested the re- guiding of land from Entertainment to High Density Residential; and WHEREAS, the subject property is legally described as Lot 1, Block 1, and Lot 1, Block 2, Canterbury Park 5 th Addition, Scott County, Minnesota. WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 3, 2002, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of December 3, 2002; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee hereby adopts the following findings of facts relative to the above -named request; Finding No. 1: The 1999 Comprehensive Plan Update is not in error; Finding No. 2: Significant changes in community goals and policies have not taken place. Specifically, the City seeks to maintain the opportunity to provide areas for commercial/industrial development along the County Road 83 and 16 corridor and allow for development of compatible land uses. Finding No. 3: Significant changes have not occurred in City wide or neighborhood development patterns. The improvements to County Roads 16 and 83 have been designed to facilitate and handle commercial development in this area. The proposed change would not be consistent with the existing business and commercial development pattern. BE IT FURTHER RESOLVED, that the request to amend the 1999 Comprehensive Plan Update by re- guiding the subject property on the Land Use Plan from Entertainment to High Density Residential is hereby denied. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this day of 2 2002. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk NIQ Ilk TWWEST ASS;OC,IAT ED: CG:NSULTA,NT INC.. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com MEMORANDUM TO: R. Michael Leek, Community Development Director FROM: Deb Garross, Consultant Planner DATE: November 25, 2002 RE: Issue Report for Canterbury Park — Valley Green Comprehensive Plan Amendment & Rezoning FILE: 276.01 INTRODUCTION The purpose of this memo is to outline the current Comprehensive Plan objectives, Zoning and existing conditions associated with the Canterbury Park Entertainment District and to discuss issues associated with the potential re- guiding and rezoning of part of the southwestern part of the district. APPLICATION The City of Shakopee has received a request from John Albinson, of Valley Green Business Park, to consider a Comprehensive Plan amendment and rezoning to change approximately 19 acres of land from Entertainment/Major Recreation to High Density Residential /R -3 Multiple Family Residential use and zoning. The subject site is currently vacant and is situated north of County Road 16, and south of 12 Avenue. The site is divided by the only existing access road to the Canterbury Downs site from the south (County Road 16). The City 2001 -2002 CIP map indicates that a second access road is anticipated to be constructed in 2007, through an area designated for future Entertainment/Major Recreation use which will provide a road connection between County Road 16 and Shenandoah Drive (approximately % mile west of the current access road). BACKGROUND The Entertainment District was created to provide for and protect one of the City's largest and unique land uses, the Canterbury Downs Horse Racing Park and ancillary facilities. The horse racetrack is a unique feature not only to the City but also to the region and State of Minnesota. The Park is a major entertainment facility that attracts large numbers of people not only to races, but also to concerts, snowmobile and Page 1 of 3 motorcycle races, antique and craft fares and other uses. Additionally, Canterbury Park attracts a large number of seasonal workers to the community. ANALYSIS Following its initial construction, the use of Canterbury Park has expanded from the racetrack to include other recreational events. The expanded uses are due in part to market forces and gambling competition offered by the Mystic Lake Casino and other State gaming operations. The City and owner of Canterbury Downs have invested significantly in the existing infrastructure to serve the use. It is our understanding that the City has supported initiatives in the past to assist Canterbury Downs including support for expanded gaming opportunities and the City has permitted other events including concerts, craft fares, snowmobile and motorcycle races. The Comprehensive Plan indicates that a significant amount of vacant land has been reserved around the racetrack for future expansion or spin -off uses. The Comprehensive Plan also indicates that the proximity of the racetrack to adjacent residential areas will pose future challenges for the use of the facility. During the time that Canterbury Park has been in operation, the City has witnessed expansion of commercial activities along the County Road 83 Corridor with the addition of strip shopping centers, hotels and fast food restaurants. This trend is expected to continue as County Road 83 is viewed as a major entertainment corridor for the Twin Cities Metropolitan Area. The County Road 83 Corridor is home to the Mystic Lake Casino and other major recreation and business ventures of the Shakopee Mdewakanton Sioux Community, the Wilds Golf Course, Canterbury Downs, and is located within close proximity of Valleyfair Amusement Park and Murphy's Landing. It is anticipated that the City will see continued expansion within the industrial parks located along County Roads 83 and 16, as well as the Highway 101 Corridor. We anticipate that the demand for additional commercial, business and ancillary services will increase for the Canterbury Downs Entertainment area with continued expansion of other facilities in the immediate vicinity and continued residential development to the south and east. ISSUES The Canterbury Park Entertainment area comprises over 500 acres of land guided for future entertainment use. The racetrack is a unique facility that requires large land areas to provide stables, training areas, large parking facilities and other services needed to support the horse track and business. The buildings are massive to accommodate large numbers of patrons that visit the attraction seasonally and for events. The facility is a generator of noise, traffic, light and odor associated with the animals, vehicles and events that are sponsored by the facility. The Comprehensive Plan guided a large land area for the Entertainment District to provide adequate site area for the racetrack, support services and buffer /transition area to other land uses. The Comprehensive Plan identifies industrial, and commercial land uses to the north, east and southeast of the Canterbury Downs operation. Commercial, office, retail, business industrial and other entertainment operations are viewed to be compatible with the Entertainment District. As the racetrack is such a unique facility, we believe that it is in the best long -term interest of the City to keep the Entertainment District in tact to Page 2 of 3 ensure the continued opportunity for the facility to operate (and possibly expand) without being impeded by incompatible development. The Maxfield Market Study indicates that there is currently an over supply of commercial land but an under supply of industrial land in the City. The Canterbury Downs Entertainment District is bounded on the east and south by County Roads, which provide good access, visibility, flat topography and the infrastructure needed to accommodate business /industrial users. Furthermore, in the event that Canterbury Downs should cease to operate, the large land area and facilities have the potential to be redeveloped to other uses including business park or industrial uses. The infrastructure is currently available and constructed to the site and as such, the area provides long -term business potential and opportunity area for the community should the Entertainment Use decline or close. RECOMMENDATION The City has experienced numerous complaints from residential developments located west and south of the Canterbury Downs facility. It is our opinion that residential use is not compatible to the site needs of this unique facility and further encroachment could negatively impact Canterbury Downs, the residential neighborhood(s) and future redevelopment potential of this area of the community. The City has ample opportunity areas within the existing corporate limits and potential urban reserve expansion areas (including Jackson Township), for residential expansion. The site under consideration is located directly south of a main entrance road to the racetrack and immediately adjacent to the parking lot, track and event center. As such, the subject site will be affected by the impacts of the Canterbury facility and can be expected to experience significant traffic, noise and lighting associated with events. The subject site is, in our opinion, located too close to the most intensely used areas of Canterbury Downs and as such, is not conducive to residential development. The recommendation is to deny the Comprehensive Plan amendment and rezoning petition, as it is contrary to the long -term objectives of the Comprehensive Plan and has the potential to harm the existing use as well as preclude the full development potential of the District. Page 3 of 3 1y, � CITY OF SHAKOPEE Memorandum CONSEN TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development SUBJECT: Amendment to Planned Unit Development (PUD) No. 17, Shakopee Crossings Planned Unit Development MEETING DATE: December 3, 2002 INTRODUCTION: Shakopee Crossings Limited Partnership made application for amendment to its Planned Unit Development (PUD) approval of Shakopee Crossings. The request was reviewed by the Council on November 7` and 19` and on the 19 Council directed that staff prepare a resolution approving those requests which the Council had indicated would be approved. That draft resolution is attached for Council's consideration. ALTERNATIVES: 1. Approve Resolution No. 5802, a resolution approving amem'..nents to PUD No. 17 (Shakopee Crossings) subject to conditions as set forth below. 2. Approve Resolution No. 5802, a resolution approving amendments to PUD No. 17 (Shakopee Crossings) subject to revised conditions. 3. Do not approve Resolution No. 5802. ACTION REQUESTED: Approve Resolution No. 5802, a resolution approving amendments to PUD No. 17 (Shakopee Crossings) subject to conditions as set forth below. R. Michael Leek Community Development Director G: \CC\ 2002 \12- 03\PUDamendShakCross.doc 1 RESOLUTION NO. 5802 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING AMENDMENTS TO PLANNED UNIT DEVELOPMENT #17 FOR SHAKOPEE /SOUTHBRIDGE CROSSINGS WHEREAS, Shakopee Crossings Limited Partnership Fifty is the Applicant and Owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Lots 1, 2, 3, 4, 5, and 6, Shakopee Crossings, Scott County, Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee reviewed the original request for the Planned Unit Development for Shakopee/Southbridge Crossings on April 5, 2001, and recommended its approval; and WHEREAS, the City Council approved PUD No. 17 by adopting Resolution No. 5515. WHEREAS, on October 17, 2002 the Planning Commission reviewed the requested amendments, and made its recommendations to the City Council; and WHEREAS, all notices of the public hearing for the Planned Unit Development were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, the City Council reviewed the requested am�adrr .nts at its meetings of November 7 and 19, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That this resolution shall supersede Resolution No. 5515. That the following conditions originally approved in Resolution No. 5515 shall apply to Planned Unit Development #17 (Shakopee Crossings): 1. The conditions listed in Resolution No. 5159 (original CUP resolution) shall apply with the exception of Condition Nos. 1, 3, and 27. 2. A variation to allow a zero side yard setback for the in -line retail area shall be approved. 3. A variation to allow the proposed restaurant use on Lot 6 to provide 120 parking spaces and overflow parking, as needed to be provided on Lot 1 shall be approved. G: \CC\ 2002 \12- 03\PUDamendShakCross.doc 2 4. An "open sales lot" or use having exterior storage of goods for sale shall be allowed on Lot 1. 5. Open sales lots or any use having exterior storage of goods for sale shall be screened from any adjacent residential zone. 6. Open sales lots or any use having exterior storage of goods for sale shall not have a public address system that is audible from any residential property. 7. Open sales lots or any use having exterior storage of goods for sale shall be kept neat and orderly. 8. Open sales lots or any use having exterior storage of goods for sale shall not have any uses in any required front, side or rear yard setback or in any required parking area. 9. Open sales lots or any use having exterior storage of goods for sale shall not block any sidewalk. 10. Shall not have a public address system from any part of the facility that is audible from any residential property. 11. Staff shall verify that the retail center is in compliance with its requirements prior to the issuance of any Certificate of Occupancy. The following additional conditions shall apply to PUD No. 17 " :opee Crossings). 12. Development of the site shall generally comply with the site plan prepared by KKE Architects for Southbridge Crossing dated May 5, 2002 and containing revision No. 6 dated 6/14/2002, also marked Exhibit D. 13. The setbacks for the Highway Business Zone (B -1) contained in City Code Sec. 11.36, Subd. 6, Design Standards, shall apply as well to the portion of the PUD which is zoned Community Commercial Zone (CC). 14. Multiple structures on a single lot will be permitted in this PUD. 15. The sign regulations for "Highway Business" found in City Code Sec. 11. 70, Subd. 8, Commercial Regulations, that apply to the Highway Business Zone shall apply to the portion of the PUD zoned Community Commercial Zone (CC). 16. The number and type of entrance signs shall be as found on the site plan prepared by KKE Architects for Southbridge Crossing dated May 5, 2002 and containing revision No. 6 dated 6/14/2002 (also marked Exhibit D), i.e. up to eight (8) quadrant center signs and two (2) main center identification signs. G: \CC\ 2002 \12- 03\PLJDamend5hakCross.doc 3 17. Main Center Identification Sign No. 1 shall be located adja:,cnt to STH 169, and shall be limited to 36 feet in height and 168 square feet of sign area per side. All other signs shall comply with applicable sign regulations. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the 3rd day of December 2002. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 G: \CC\ 2002 \12- 03\PUDamendShakCross.doc 4 inu.o ° 0 ii iianeu�' _ einrnO"' M1' a• \•+M�•w,�n/�.m. \tm.-d-�-oau�y - - gg BOUND ...... ......... .. __ _ ___ •i o AN SAO 3Y LE: •� •�0 •p ( � O - tit _ 1� �• _� ' Ln XWA ' 4 00 rr p SERVICE DRIVE 1 > �I Ln fop rR A rp • "•�= ..,� � _ -- -___ - -- -_ _ "'�BFAti1IXCE3C�:-- .^..,_. r � — 1 � .•- 1/// - ^_ _ f' a ,tu `q gyp , ^ -' � ® I• � • - �� —' �' ^ y / / Zoe di el HI A ll Ln z I I I I I I I I I ", o z I I I I I I I i fI n owns Cl S D ��� n : rn RD • '. _ may. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of ACC 2 nd Additior MEETING DATE: December 3, 2002 CASELOG NO.: 02 -093 REVIEW PERIOD: August 15 — December 13, 2002 DISCUSSION Associated Capital Corp. has made application for preliminary plat approval for the proposed ACC 2 nd Addition. The proposed plat is located north of CSAH 78, east of CSAH 17, and south of Westchester Estates. This plat proposes the creation of 108 single family residential lots on approximately 59 acres (net density of 2.36 units /acre). • public hearing on this request was held by the Planning Commission on October 3, 2002. • copy of that report is attached for the Council's information. At its meeting, the Planning Commission, unanimously, recommended approval of the Preliminary Plat to the City Council subject to the conditions outlined. The Preliminary Plat was not brought forward to the City Council immediately following the action by the Planning Commission due to ongoing discu"s!oi, : related to drainage in this area. Several developers and property owners within the area are working with the Engineering Department to resolve this issue. This preliminary plat is being brought forward at this point due to the review period for this application expiring on December 13. The Engineering Department has expressed its confidence that the issue will be resolved shortly. As such, staff is recommending the inclusion of conditions which would require the drainage issues to be resolved prior to any grading permit being issued and /or the application for final plat being submitted. ALTERNATIVES 1 Approve Resolution No. 5829, a resolution approving the preliminary plat of ACC 2nd Addition, subject to the conditions contained therein; 2. Approve Resolution No. 5829 with revised conditions. 3. Deny the requested preliminary plat, and direct staff to prepare a resolution consistent with that action. 4. Table a decision in order to allow time for the applicant and /or staff to provide additional information. 1 ACTION REQUESTED Offer a motion consistent with Alternative 1, and move its adoption. J lie Klima �— '-Planner II g: \cc\2002\ 12 -03 \ppacc2 nd. doc 2 RESOLUTION NO. 5829 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIMINARY PLAT OF ACC 2 nd ADDITION WHEREAS, Associated Capital Corp., applicant and property owner, has made application for preliminary plat approval of ACC 2 nd Addition; and WHEREAS, the subject properties are legally described as: Outlot B, A. C.C. Addition, Scott County, Minnesota; and a. , doi I, Beckrich Park Estates, Scott County, Minnesota; and the Northeast Quarter of the Southwest Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota; and That part of the Northwest Quarter of the Southeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 18; thence North 02 degrees 29 minutes 12 seconds West, an assumed bearing along the east line of the Northwest Quarter of the Southeast Quarter, a distance of 515.00 feet; thence South 87 degrees 57 minutes 11 seconds West, a distance of 66.27 feet; thence North 88 degrees 10 minutes 08 seconds West, a distance of 133.34 feet; thence North 74 degrees 15 minutes 32 seconds West, a distance of 473.47 feet; thence North 86 degrees 14 minutes 29 seconds West, a distance of 344.86 feet thence North 02 degrees 17 minutes 22 seconds West a distance of 135. 00 feet, to its intersection with a line lying 460.05 feet southerly and parallel with the north line of the Northwest Quarter of the Southeast Quarter, thence South 87 degrees 35 minutes 58 seconds West, along said line a distance of 340.00 feet more or less to the west line of said Northwest Quarter of the Southeast Quarter; thence South 2 degrees 17 minutes 22 seconds East, along said West line of the Northwest Quarter of the Southeast Quarter, to the south line of said Northwest Quarter of the Southeast Quarter, thence Easterly along said south line to the point of beginning, and WHEREAS, the Shakopee Planning Commission conducted a public hearing on the preliminary plat on October 3, 2002; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to the conditions listed below; and WHEREAS, the City Council reviewed the preliminary plat request at its meeting of December 3, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,IVIINNESOTA, as follows: 3 I. The following actions must be completed before review of the preliminary plat by the City Council: A. The Preliminary Plat shall allow Outlots A, B, C, D, and E to be private and subject to control of a Homeowners Association. B. No grading permit shall be issued and the Final Plat application shall not be submitted until the drainage issue has been resolved to the satisfaction of the City Engineer. H. With the final plat application, the following information shall be submitted. A. A tree preservation plan consistent with the request of the EAC. 1. Submit a Tree Preservation/Reforestation Plan prior to issuance of the grading permit. 2. The plan should identify all trees proposed for removal 6 inches in diameter or greater at six feet above ground. (It doesn't matter what kind of tree. Diseased trees and damaged trees by "acts of God" would not have to be replaced.) 3. Reforestation means replacing healthy trees subject for removal - one for one. The City's tree landscaping req -cements can be applied to reforestation. 4. The plan must show where the protective fencing will be placed for trees being saved. The edge of woodlands and conservation easements should be staked. 5. No grading permit shall be issued until the developer has the protective fencing in place (consistent with the plan) and inspected and approved by City staff. B. The survey data (length and bearings) of the plat boundaries shall be verified. C. Easements must be shown on the final plat as approved by the City Engineer. D. In addition to the stormwater calculations submitted, a drainage map shall be submitted. This information will need to be reviewed before construction is allowed. E. Prior to construction, surveyors bench loop notes shall be submitted showing the benchmarks for this site have been established using the City of Shakopee approved benchmark system. M. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City c,' Shakopee. 5. The developer shall be responsible for payment of engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. Park Dedication fees shall apply to this plat in an amount consistent with the adopted fee schedule in place at the time of recording and shall be paid at the time of recording of the final plat, unless the applicant requests in writing that they be deferred to the time of building permit. If deferred, the fees due will be in an amount consistent with the adopted fee schedule in place at the time of building permit issuance. 7. A conservation easement shall be granted for the creek corridor. 8. A trail shall be constructed along the west side of Evergreen Lane to the southern boundary of the development. C. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. D. Temporary street signs must be displayed. E. No site grading will be allowed until preliminary plan and profile sheets for street and utility work are approved by the City Engineer, H. Following approval and recording of the preliminary plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Further development to the south will not be permitted without a second access to the development project. 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 5 CITY OF SHAKOPEE Memorandum CASELOG NO.: 02 -093 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of ACC Second Addition MEETING DATE: October 3, 2002 REVIEW PERIOD: August 15 — December 13, 2002 Site Information: Applicant: Associated Capital Corporation Location: North of CSAH 78, west of CSAH 17 and south of Westchester Estates Adjacent Zoning: North: Planned Residential (PRD)/Urban Residential (R -1B) South: Rural Residential (RR) /Agricultural Preservation (AG) East: Urban Residential (R -IB) /Agricultural Preservation (AG) West: Rural Residential (RR) MUSA: The site is within the current NIUSA boundary. INTRODUCTION Associated Capital proposes the creation of 108 single - family detached lots and 7 outlots. The applicant intends to develop the area in two phases, working from west to east. Please see Exhibit B for the proposed preliminary plat. CONSIDERATIONS The Director of Natural Resources has prepared comments relating to the recommendations of the Park and Recreation Advisory Board (PRAB) and Environmental Advisory Committee (EAC). These comments are attached as Exhibit C and have been incorporated into the recommended conditions of approval. Please refer to Exhibit C for further details regarding conservation easement, park dedication, trails and tree preservation. The Commission may wish to discuss further details of the proposed conservation easement. The Engineering Department has submitted comments, attached as Exhibit D. These comments have been incorporated into the recommended conditions of approval Staff is recommending that Ridge Circle be renamed to avoid confusion with existing streets. The plat proposes the creation of 7 outlots. The developer has indicated that the area surrounding Outlots F, G, and H and the exception parcels is an area that may be revised at a later date. The developer is in ongoing negations with the property owners of the excepted parcels to enter into an agreement to purchase and swap property. Because of those negotiations, staff is not requesting the reconfiguration of Outlots F, G, and H. However, staff is recommending that the preliminary plat be redrawn prior to City Council review of the preliminary plat to incorporate Outlots A, B, C, D, and E into the adjoining lots. Staff is requesting the elimination of the outlots to avoid the potential for any tax forfeiture and/or ownership issues in the future. The Building Official has commented that temporary street signs will be required to be displaye3 d prior to inspection. Lot 21, Block 2 does not appear to meet the lot width requirement at the front setback line. Staff is recommending that the plat be redrawn to meet the requirement. ALTERNATIVES 1. Recommend to the City Council approval of the preliminary and preliminary plat of A.C.C. Second Addition subject to the following proposed conditions: I. The following actions must be completed before review of the preliminary plat by the City Council: A. The names of Ridge Circle shall be changed and the final plat submittal shall reflect the correct spelling of Raspberry Lane. B. The Preliminary Plat shall be revised to incorporate Outlots A, B, C, D, and E into the adjoining residential lots. C. Lot 21, Block 2 shall be revised to meet the minimum lot width requirement of 60 feet at the front yard setback line. II. With the final plat application, the following information shall be submitted. A. A tree preservation plan consistent with the request of the EAC. B. The survey data (length and bearings) of the plat boundaries shall be verified. C. Easements must be shown on the final plat as approved by the City Engineer. D. In addition to the stormwater calculations submitted, a drainage map shall be submitted. This information will need to be reviewed before construction is allowed. E. Prior to construction, surveyors bench loop notes shall be submitted showing the benchmarks for this site have been established using the City of Shakopee approved benchmark system. III. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for payment of engineering review fees, and any other fees as required by the City's adopted fee schedule. I . Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of engineering review fees, and other fees as required by the City's adopted Fee Schedule. 6. Park Dedication fees shall apply to this plat in an amount consistent with the adopted fee schedule in place at the time of recording and shall be paid at the time of recording of the final plat, unless the applicant requests in writing that they be deferred to the time of building permit. If deferred, the fees due will be in an amount consistent with the adopted fee schedule in place at the time of building permit issuance. 7. A conservation easement shall be granted for the creek corridor. 8. A trail shall be constructed along the west side of Evergreen Lane to the southern boundary of the development. C. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. D. Temporary street signs must be displayed. E. No site grading will be allowed until preliminary plan and profile sheets for street and utility work are approved by the City Engineer. III. Following approval and recording of the preliminary plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Further development to the south will not be permitted without a second access to the development project. 2. Recommend to the City Council approval of the preliminary and preliminary plat of A.C.C. Second Addition subject to revised conditions. 3. Recommend denial of the proposed preliminary and preliminary plat of A.C.C. Second Addition. 4. Continue the public hearing. 5. Close the public hearing, but table a decision in order to allow time for the applicant and/or staff to provide additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1, approval with conditions. ACTION REQUESTED Offer a motion to recommend approval of the preliminary plat of A.C.C. Second Addition subject to the conditions outlined in Alternative No. 1. J i Klima nner II g : \boaa- pc\2002 \10- 03 \ppacc2.doc r.� rc/t v./--r r i-r L 1 St. Fr ncis Ave AG rA � AG Valle Vle N , Rd RR R� AH 78 N S HA.KOPEE W E CM P=sS2.=I&v Proposed - Preliminary Plat of S A.C.C. 2nd Addition Q Zoning Boundary [� Parcel Boundary MA Parcel Area in Question PROPERTY DESCRIPTION The N artheaat Q uarter of the Southw cat Q uarter of Section I8, T ow nab ip 1 I5, Reage 22, Seo It C aunty, M inns,. u. 32 DRAINAGE AND UrIUTY EASEMENTS W A a That part of the Northw.at Quarter of the south ... I Q LL1 R<f aC S eetien ls, Tow ...hip l l S, Asnge _ -. Sc ARESHO OWNER DEVELOPER: I Co described as follows: unty, M innes.ta, I Z Beg inn ing at the to nth east corner o[ th. N nrthw ace Q uarter of the Southeast Q uumr of said Section l8; than W N .'2912" W , as es,um lid bearing along lha east line of the V arthw es[ Quarter oC the Soulhee at Quarter, a ASSOCIATED CAPITAL CORP. i I ` I I dinanee x[315.00 feet; th <..e s 87 di, ranee o[ 66.]9 feel: [hence N 38 '10 W . a die taaee o 133.34 Ce e[; thence N 74°15'71" W , a die [.nee of 413.4 ie feet; [hence Y 86 °li'29 W , a die [an lie oC 344.821 327 S.MARSCHALLRD.,SUlTE225 s ) thence N 2 °IT•22" W . a distance of135.0o tee[ to H, m rseetian w ith a !ine lying 460.05 ( .at'. ,xd L - -- �CU 1.. par the nor O.Q0 li ne the N.rthw eatQuarmr oC the Bo�th4.,,hwa at thence S87'D5'S8 - W along SHAKOPEEMN. linendisuneeoC540. 0oCeetmoreorlesstothewestlineo f[heto. Quaaer.[thesouthesstQuarter: e o [ then.. 5 2 °1 %'22" E, along said asst line of the N orthw Q uarter of the sautheu Qr [ BEING 10 FEET IN WIDTH AND ADJOINING STREET DALE DAHLKE, V.P. I B VA MEW ROAD a.id N orthwau Q.a =I<r of t he Soothe net Quarter, than.. as,terly along said south Ii. uater, 0 the south lin e to th< point of beginai UNES AND REAR LOT LINE ANOSFEEfINW10TH - - - - - _�I ANO ADJOINING SIDE LOT LINES UNLESS (952) 445 - 3217 Also D t 1: , E, A. C. C. A D D IT t O N, s c o tl C o u n [y, S( OTHERWISE INDICATED. $ A Lao O attar A. Bee Orieh P ark Eeta t. a, Seo et County, M iaa eao ta. Except the South 215.00 feet of the East 506.51 feet of tb, Northwest Quarter of the Southeast Q uarter or W7lATA Se. lion I8. Tow a n s h tp 115. Rage 22. Scott County. M inn . sots. ax. as T B ear .er A lso Except the V orth 200.00 fact of the South 475.00 fact o r the E.,t 544.50 feet of the Ni erthw eat Q uarter r r= =- =-i 1 r j - �i , the S..the.,% Q uarter of Section 19, Tor.,hip 115, It ..g- 22, Scott County, b( in ne sotx. p 100 200 300 279180170 istasc 1 f i I I I EXISTING ZONING: R18 (IN FEET) L -- J L_ -- -1 m"Am a ran W «041 MINIMUM LOT WIDTH -60' r _ _ 1 I r - ----i MINIMUM LOT DEPTH -100' rum ar _ It . �l lr li assam, R _ 1 t Col I W r-�, µ I MINIMUM LOT AREA - 6000 SQ. FT. Lwow t u.un �) L a 4 I 3 1 I 2 2 ar 1 1 1. / N 7 :�l . `.� it li twat II 11 wrar tlli 1 i \ L -acs == 1 I w r e' - y 1 LEGE 271520050 / i ♦♦ �� \ .t __ illi illi I ! \ OUTLOT C f I t_ I -, �y,r..n L 3 tt ��sp J �!L -___J y I� \\ I 3 Q I I k 3 BUILDING SETBACK PROPOSED LOTS = 108 C _�- �,( \ IL � -_ _'_ - DRAINAGE 8 UTILITY EASEMENT OUTLOTS = 7 1 I N ��. 6 .• (� RW AY CIRCLE ; \ / •� T �xa!G -i 1 I r K i I I 1 # I \% GROSS AREA = 59.4 ACRES 1 I ! B trAd. ar �� `jl 1, - -i r -sue 11- m- GROSS AREA OF OUTLOTS = 4.0 ACRES / ) t / & Ir If Ir ____ - -.1 1 - I , I r L 1 S g Ir \ I / 11 'at r 5o s0 r J p PROPOSED R.O.W. = 9.6 ACRES l I ! \ �� rrllr _� r 1 ra+aa Jr `\ r V R class 71 __ ' - �II L _ 1 r ' 11 I [ I r r -ll )r -snap JL_ �It I Ism % R BUILDING I i 1 20 j 1 i 1>i )f li 1 I _- T r "tm _ T r- +a mgo - J I. '[caT- J L -- -_ iJ l _ ) A SITE DATA: 1 I h 1 I __ �--- '""` - - - -. R SETBACK INFORMATION: 1a' !I ` l ti --`- r - J 'ear - - -- --- t 279180114 _ MINIMUM LOT WIDTH AT SETBACK LINE IN SUBDIVISION = 60' r ��ar r r 11/ wow +. Ir II' _ r r 16 !r r r t 1 r uzr - - - T F 271520060 I I' nor 17 '° li 1/ II 1� �'` 1 � I I• -` - " i I �� 50 i 1 i... - ' RONT - 30' - ~ - MINIMUM LOT DEPTH IN SUBDIVISION L =130' ` \� ` a _I L - I IL-_ nm ar r r 15 I _ !r 14 ! i i ' i^"- i li ' ..'r- 1r;feiy► 1 SIDE YARD -10' __ Ii ntrar, r p h r / I L �..._... ; .. 1 [ 1 1 ♦ _ A ca r L / ti ar3.a � / _ 9 i w . t , 11 w. i - ^sa SIDE YARD (CORNER) - 20' Was- _ { _ REAR YARD - 30' (NORMAL) GREATER ERSON_�_r_ R - _ L� / �7 / 3t WHERESHOWN PATT - -J l_ . - .tea ; I 27918011 a L J r 1 / 'two ar it 1� `i! li --- -•..�� J -� "I r -axoy R [ t t , t L .. -J J 23 1 tea I1� - - -- -- r .,r 1 L __- -�„I ' wna ..a. U 14 Ir I r 11.-- -- - -_� t 30 `' I j J { rawr,.r i 1 ,I ice---- -_T It I I I 1/ nVoe t 1, 15 li i I I L•- p 1 I 1 =- I , 11 L isa t l i� tw ari i _ ' 16 1 rL� r "', 1 gI�II war I iI 1 I _ L L r ' IL nne.e,,. ji uAr a.r I r 17 ,e}Jr \ 1 �'L" 1 1 -��sw.st= =-j. l , { '; � •ta :41 {j 1 '' �,I�t,.�11J ,� 'I " r `1 lls-- ---_ -fI1 j"' se a. � �- ` 1 T - 1rrp0. f_ --- - % 11__- % r-„� � -. r \ r I r• II I � 1 I r` 1 _ 1� 1 Imo - • !i naa ..n 1 w 18 [ [ 1 I �cl� 1 1 tI i " � \ t 1 + `` ^-�i Ii�i1 1 11ar l814 1 1/t _ ` y I ; t ! N .'� r [ h' { 1 33,34 rti I 24 i i 1G I I - -___� atop _- p=ee• ..r L ._ ! J'' -- -! I ` \ J / I r%a■ .r /i I` - --- I i` - - --� t 1 1 r 4 Ir rtlr- d7/'_- �104°r� ear -JL_ r $Z9 r /��1 7a L _ 7 "%J /r---_- - - 2 r -=- 1��•.Cr ` as . % 1 ;� ' � T ` \ ` L ll' %� % ur« ..+a t J OUTLOT F Assets o+, JI tsar wr aQ /r - "7 / i 7 r - r- -- = = i I I_ 1 IL ' _ 7�� 0 � J . 19 J / f �'^ Pm� / iri a"e." EVERGREEN LANE 2 2e ... 1 , 36 1 r Y t�I I --�- L `"--• -_` {_ L CLI; -�� (r , J _� r�� ::- i / - -. �� tssw aA. I' i ' 1 L I I ARVIEW - % .. -__ ! `� 1E' I a Ij6 41 I, Jw ` } _ L r�Be'.s i a LL_ . I`Ti- - 1at{e CLER i I nb+ar ; .? r / t - ar r r , "` � .,. 'x �.// " rf1?to..,e tI!t useKiil Aran. 271520070 {` it 42 4 r 1 1 � � �' EXCEPTION �I 1 1 I t t I � S � ts,tr.sr r � yra � / ,. � . ~ 7 1 -•-azt " � � � 1 �r _ I � 1 ��. � 0 I 'iV 1 Q I 4, is tars... 1 L 1 � � � ! r \� \ i , ; <• `�- i r L L. i / . ! i L �. _ - � _ - J . 1 J t 1r / 1� %- - J 279180113 -I R Y %� Ili • 4 , / / i r l� '� ') J : 5 :` S�x- 4t i 11 E ! ,' 1:�:a ( kit as .w ,seas ar {' I - ( •- , .. I , ii 1 - 1 , 1 4711 i A)vs I!' t 1 1b 1 :J,{ i t w 29 1 7801 1 0 OUTLOT H$ 44 i t ( a 12 I r � .ua.2� J asses. ssaa,t, ,y /c C�_� / / •%�� -JIIL itilll 1{ iI - li, i, I: I� a• 1 1 / `J r,-. / r r ,'. . ♦. 1 [111 , . 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' � `� \. �: n,e...,a , k I � j L - _..1 I`- -- _ i L _ J 1 J I L r _ 1 69re6 t f 1 - _ J I JL---_- \\ l 271650080 +I •-_ _JL - - - - -� OUTLOT0 r I i 1 _J L_____ L / r - - - - m7.0(9' rE / f 279180100 � Isaa .r i - - - -J - Hearts \' S r 271650200 / 271650210 / 271650390 !vI _ /• Y _ J .RIG GATE: 7/3 1/02 , r - • A IHEREBYCERTIFYTHATTHISSURVEYWAS A.C.C. SECOND ADDITION EnC C • REPARED BY: '� � / � Bohlen PREPARED EYMEOR UNDER MYDIRECT DESIGN BY; SHAKOPEE, MN ASSOCIATED CAPITAL CORP. Surveying & Engineering 3 S.YAFSCHkLLRD., SUITE 225 SUPERVISION AND THAT I AM A DULY LICENSED DRAWN BY: PRELIMINARY PLAT / :r 31A62 Foliage Ave ue, 4735 I2ad Straet W. SHAKOPEE, MN. 55379 LAND SURVEYOR UNDER CHECKED BY: Nor TH LAWS OF THE STATE 271650170 ` ` J . J A Northfield. PAN 55057 � Suite � DALE DAHLKE, V.P. OF MINNES A. � `\ Savage, LAN 55370 �- 271650180 B ® 932 44� -3217 DATE BY OESCRIPiION SHEET 2 F Front (507) 6ti7768 plaaro: (952) B9S92 +3 ( ) OL LEROY H. 90HLEN. RLS. Fu•( US-7799 59759 REVISION mNen�,r�,ewrt.o>m porutra�inle0�w.o>n DATE: 8.12-02 RFG. No.: 1 795 C CITY OF SHAKOPEE MEMORANDUM To: Planning Commission Michael Leek, Community Development Director From: Mark J. McQuillan, Natural Resources Director Subject: Plan Review of ACC 2nd Addition Date: September 25, 2002 RE: Plan Review of A. C. C. Ind Addition PID #27- 918011 -0 REQUEST: Preliminary Plat INTRODUCTION The Environmental Advisory Board (EAC) and the Parks and Recreation Advisory Board has review the preliminary plat of the ACC 2nd Addition. Their findings and recommendations are as follows: EAC PLAN REVIEW At its September I I, 2002 me d eting, the EAC held a lengthy dialogue with the developer about the creek and trees in the ACC 2 Addition. The developer seemed to think the creek easement, shown on the attached map, would make for a nice hiking trail with wood chips. It could also connect to a trail in Bechrich Estates. However, Mr. Dalhke noted that some residents in Bechrich Estates would support that idea, but others may not. Mr. Dalhke stated if the City wants a trail along the creek corridor, the City should use park dedication. The EAC liked the idea of a hiking trail within the corridor and recommended the PRAB take a close look at a creek corridor for a trail. If a trail was not possible, then consider a conservation easement. As a condition to plat approval, the EAC asked the developer to submit a reforestation plan that show what trees are being removed (6" in diameter or greater) and where the developer plans to replace them. PRAB PLAN REVIEW The Parks and Recreation Advisory Board Meeting, the Board recommended the following action: 1. The City should accept cash in lieu of parkland. 2. The developer should place a trail along the Westside of Evergreen Lane and that it connect to a future park on the parcel directly south and adjacent to this development. 3. A e Conservation developer should submit a Tree Preservation corridor. ervation Plan for the EAC t review. 4. The develop STAFF PLAN REVIEW Staff is recommending a Conservation Easement Agreement between the developer and the City of Shakopee. In essences, the landowner agrees to restrict uses of the land and obligates future landowners to these restrictions. The City gains the right to enforce these restrictions. The purpose of many conservation easements is to preserve the water quality, scenic beauty, vegetation or wildlife that resides on the land. A conservation easement can sometimes be a wooded area that a community wishes to preserve for its the scenic beauty and character of the neighborhood. Not all conservation easements are alike. They are unique between the landowner and the City or conservancy group. The easement area is still private property and the public does not have the right to enter onto the property unless there are special conditions agreed to by the landowner and City to allow for such activity. If the developer and the City agree to create a conservation easement, the current landowner (developer) and future landowners (buyers of the lots with the easement) are prohibited from: • Constructing, installing or maintaining anything man made, • Removal or alteration of trees and vegetation except for approved noxious weed control, ■ Excavation or filling, ■ Use of natural or chemical fertilizers, herbicides, pesticides or insecticides, ■ Depositing waste, yard waste, or debris, ■ Outside storage, and ■ Any activity detrimental to the preservation of scenic beauty, vegetation or wildlife. The Conservation Easement would allow, but does not obligate the City to: ■ Enter the property to enforce compliance, and ■ Remove disease trees or noxious weeds. Staff also recommends either a sidewalk or trail along Evergreen lane to connect from Vierling Drive to CR78. Y Mark J. McQuillan Natural Resources Director �KGc ib- > City of Shakopee Memorandum TO: Julie Klima, Planner H FROM: Joe Swentek, Project Engineer SUBJECT: Preliminary Plat — A. C. C. 2" d Addition DATE: September 23, 2002 After reviewing the above referenced application, I have the following comments for the applicant and for the planning department: Recommendation I recommend approval of the Preliminary Plat subject to the following conditions: A. Preliminary Plat: 1. The survey data (length and bearings) of the plat boundaries shall be verified. 2. Easements must be shown on final plat as approved by the City Engineer. 3. No site grading will be allowed until Preliminary plan and profile sheets for street and utility work are approved by the City Engineer. 4. In addition to the stormwater calculations submitted, a drainage map shall be submitted. This information will need to be reviewed before construction is allowed. 5. Prior to construction, surveyor's bench loop notes shall be submitted showing the benchmarks for this site have been established using the City of Shakopee's approved benchmark system. V/ 1 of 1 MEMORANDUM FOR THE TABLE TO BE DISTRIBUTED TO COUNCIL MEMBERS AT THE TRUTH IN TAXATION HEARING CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of ACC 2 " Addition MEETING DATE: December 3, 2002 CASELOG NO.: 02 -093 REVIEW PERIOD: August 15 — December 13, 2002 INTRODUCTION: Staff is proposing several minor revisions to the conditions under roman numeral one (I) to clarify the intent of these conditions. Those changes are represented by text that is struck through or underlined. ACTION REQUESTED: Offer Resolution No. 5829 with revisions, and move its adoption. R. Michael Leek Community Development Director 1 G: \CC\2002 \12 -03 \ppACC2ndtable.doc RESOLUTION NO. 5829 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA APPROVING THE PRELIlVE NARY PLAT OF ACC 2 °d ADDITION WHEREAS, Associated Capital Corp., applicant and property owner, has made application for preliminary plat approval of ACC 2" d Addition; and WHEREAS, the subject properties are legally described as: Outlot B, A. C. C. Addition, Scott County, Minnesota, and Outlot A, Beckrich Park Estates, Scott County, Minnesota; and the Northeast Quarter of the Southwest Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota, and That part of the Northwest Quarter of the Southeast Quarter of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 18; thence North 02 degree. 2 , - rinutes 12 seconds West, an assumed bearing along the east line of the Northwest Quarter of the Southeast Quarter, a distance of 515. 00 feet; thence South 87 degrees 57 minutes 11 seconds West, a distance of 66.27 feet; thence North 88 degrees 10 minutes 08 seconds West, a distance of 133.34 feet; thence North 74 degrees 15 minutes 32 seconds West, a distance of 4 73.4 7 feet; thence North 86 degrees 14 minutes 29 seconds West, a distance of 344.86 feet thence North 02 degrees 17 minutes 22 seconds West a distance of 135.00 feet, to its intersection with a line lying 460.05 feet southerly and parallel with the north line of the Northwest Quarter of the Southeast Quarter, thence South 87 degrees 35 minutes 58 seconds West, along said line a distance of 340. 00 feet more or less to the west line of said Northwest Quarter of the Southeast Quarter; thence South 2 degrees 17 minutes 22 seconds East, along said West line of the Northwest Quarter of the Southeast Quarter, to the south line of said Northwest Quarter of the Southeast Quarter, thence Easterly along said south line to the point of beginning, and WHEREAS, the Shakopee Planning Commission conducted a public hearing on the preliminary plat on October 3, 2002; and WHEREAS, all required public notices regarding the public hearing were posted and sent; and WHEREAS, the Shakopee Planning Commission has recommended approval subject to the conditions listed below; and WHEREAS, the City Council reviewed the preliminary plat request at its meeting of December 3, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: 1 I. The following netiens must be completed or shall apply before acceptance or review of the prelims final plat application .by the City Council: A. The Preliminary Plat shall be revised to allow Outlots A, B, C, D, and E to be private and subject to control of a Homeowners Association. B. No grading permit shall be issued and the Final Plat application shall not be submitted until the drainage issue involving properties to the north and west of the subject property has been resolved to the satisfaction of the City Engineer. H. With the final plat application, the following information shall be submitted. A. A tree preservation plan consistent with the request of the EAC. 1. Submit a Tree Preservation/Reforestation Plan prior to issuance of the grading permit. 2. The plan should identify all trees proposed for removal 6 inches in diameter or greater at six feet above ground. (It doesn't matter what kind of tree. Diseased trees and damaged trees by "acts of God" would not have to be replaced.) 3. Reforestation means replacing healthy trees subject for removal - one for one. The City's tree landscaping requirements can be applied to reforestation. 4. The plan must show where the protect;•-:, Fencing will be placed for trees being saved. The edge of woodlanu-'s a -- conservation easements should be staked. 5. No grading permit shall be issued until the developer has the protective fencing in place (consistent with the plan) and inspected and approved by City staff. B. The survey data (length and bearings) of the plat boundaries shall be verified. C. Easements must be shown on the final plat as approved by the City Engineer. D. In addition to the stormwater calculations submitted, a drainage map shall be submitted. This information will need to be reviewed before construction is allowed. E. Prior to construction, surveyors bench loop notes shall be submitted showing the benchmarks for this site have been established using the City of Shakopee approved benchmark system. III. The following procedural actions must be completed prior to the recording of the final plat: A. Approval of title by the City Attorney. B. Execution of a Developers Agreement which shall include provisions for payment of engineering review fees. and iy other fees as required by the City's adopted fee schedule. 1. Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 2 2. Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 3. Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. 4. Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. 5. The developer shall be responsible for payment of engineering review fees, and other fees as requ:: eel by the City's adopted Fee Schedule. 6. Park Dedication fees shall apply to this plat in an amount consistent with the adopted fee schedule in place at the time of recording and shall be paid at the time of recording of the final plat, unless the applicant requests in writing that they be deferred to the time of building permit. If deferred, the fees due will be in an amount consistent with the adopted fee schedule in place at the time of building permit issuance. 7. A conservation easement shall be granted for the creek corridor. 8. A trail shall be constructed along the west side of Evergreen Lane to the southern boundary of the development. C. Final Construction Plans and Specifications must conform to City requirements and are subject to approval by City Engineer. Such plans as they relate to water or electricity are subject to the approval of the SPUC Utilities Manager. D. Temporary street signs must be displayed. E. No site grading will be allowed until preliminary plan and profile sheets for street and utility work are appro by the City Engineer. II. Following approval and recording of the Ntelr ainary plat, the following conditions shall apply; A. Building construction, sewer, water service, fire protection and access will be reviewed for code compliance at the time of building permit application(s). B. Further development to the south will not be permitted without a second access to the development project. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2002. Mayor of the City of Shakopee ATTEST: 3 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting December 3, 2002 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) *Approval of Minutes: Q 1 r� 4. Financial A.) * Approval of Bills 5. Small Cities Development Program A.) Update from Carver Co. HRA (on table) 6. Other Business: 7. Adjourn OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION October 1, 2002 Members Present: Link, Joos, Mars and Vice Chair Lehman. Members Absent: Chair Sweeney Staff Present: Gregg Voxland, Acting City Administrator, Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director /City Engineer, Jim Thomson, City Attorney; and Paul Snook, Economic Development Coordinator. I. Roll Call: Vice Chair Lehman called the meeting to order at 7:19 p.:.i. Roll was taken as noted above. H. Approval of the Agenda: Link/Mars moved to approve the agenda as presented. Motion carried 4 -0. III Approval of the Consent Agenda: The following item was removed from the Consent Agenda. Item 4.A. Approval of the Bills. Mars /Joos moved to approve the Consent Agenda as amended. Motion carried 4 -0. A. Approval of Minutes for July 2, 2002. Mars /Joos moved to approve the July 2, 2002 meeting minutes. IV. Financial: A. Approval of Bills. Vice Chair Lehman questioned the dollar amount under the Carver County HRA — SCDP Disbursement ($14,188.54). Mr. Snook addressed this question. He noted that this amount goes to the Carver County HRA for funds they have expended for the City of Shakopee relating to the Small Cities ;.d-Velopment Program. This is for work that has been done. Mars/Link moved to approve the EDA bill list in the amount of $14,835.54. Motion carried unanimously. V. Small Cities Development Program. A. Update from Carver Co. HRA. Mr. Snook gave the update on the Small Cities Development Program. He reported that the single - family portion of the grant had allocated 98% of the funds received for the single- family portion of the grant monies; the rental residential component actually has families waiting for more funds in that area; actually 119% has been allocated in that area. The commercial portion had allocated about 50 %. Mr. Snook noted there has been recent interest shown in the commercial portion. Official Proceedings of the October 1, 2002 Economic Development Authority Page -2- B. Request to Department of Trade and Economic Development. Mr. Snook noted the letter from the Department of Trade and Economic Development (DTED) is basically what the Commissioner discussed at the previous meeting. The letter was regarding the transfer of some funds from the commercial area of the grant program to the single family residential and rental residential portions of the grant program. To use the funds effectively the City of Shakopee proposed to DTED and received approval from DTED to transfer $102,000 from the commercial portion to the single - family residential portion because of that demand and to transfer $23,500 from the commercial portion to the rental residential portion. Mr. Snook noted that the funds are being used up rather quickly now. The City is asking DIED for a time extension to next September to use the funds. VI. Other Business: There was no other business. VII. Adiourn: Mars /Joos moved to adjourn the meeting. The meeting adjourned at 7:29 p.m. Motion carried 4 -0. ith S. Cox, EDA Secretary Carole Hedlund, Recording Secretary 1� CITY OF SHAKOPEE �CONT" Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 27, 2002 Introduction Below is a listing of bills for the EDA for the period 11/02/02 - 12/01/02. Action Requested Move to approve bills in the amount of $63,138.02 for the EDA General Fund. Check Check Date Number Vendor Description Amount 12/01/02 75280 Kennedy & Graven Attorney $1,785.75 12/01/02 75216 Carver Cc HRA SCDP 61,069.27 12/01/02 75288 Main St. Network Dues 195.00 12/01/02 75252 Business Journal Subscription 88.00 Total $63,138.02 Annual Current Month YTD Exp. Avail. Description Budget Actual Balance Balance % % _. .. ......._.... _.. .._...._.. _ .. 02190 EDA 19 EDA 317,1 80.00 64,577.28 300,079.63 17,100.37 94.6 5.4 02190 EDA 317,180.00 64,577.28 300,079.63 17,100.37 94.6 5.4 1 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mark McNeill, EDA Executive Director Economic Development Advisory Committee � FROM: Paul Snook, Economic Development CoordinatgCj! SUBJECT: Small Cities Development Program (SCDP) Update DATE: December 3, 2002 Enclosed is the November 2002 update on the Small Cities Development Program (SCDP) from the Carver County HRA. In summary, the HRA reports the following SCDP funding activity: Amount % of Funds Amount Committed/ Committed/ Balance Max Avail per Funded Allocated Allocated Available Property or Unit Single Family Residential (goal: 30 units) $369,000 $358,186 97% $10,814 $19,000 + $102,105 (transfer from commercial) $112,919 Rental Residential (goal: 30 units) $121,500 $145,000 119% $- 23,500 $10,000 +23,500 (transfer from commercial) 0 Commercial (goal. 15 units) $251,250 $113,854 45% $137,396 $25,000 - $102,105 (t' fer to s - family) $ 23,500 (t'fer to rental) $ 11,791 TOTAL $741,75'0 $617,040 83% $124,710 Small Cities Shakopee Rehab Program The approved applications reported below will have until the end of the year to submit bids and close on their loans. They then will have 120 days (weather permitting) to complete their projects. Based on the scopes of work being developed, all projects should be completed by the beginning of summer. Single - Family Rehabilitation Project Recap on the program To be eligible for the program, the applicant's income must be below 80% of the area median income. The homeowner will be eligible for a 50 to 100% grant depending upon their income. The homeowner would need to provide leverage ranging from 0 to 50 %. The HRA has low - interest loans the homeowner could apply for to use as their leverage requirement. However, if they are not eligible for a leverage source due to poor credit, too many debts, no equity, etc., the leverage requirement will be waived and they will receive a 100% Small Cities grant. The grant is a 0% interest, 10 -year deferred loan. If the homeowner stays in the home for 10 years, they will not have to pay the loan back. The loan is forgiven on a pro -rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRA's Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements can be done. Dave will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the homeowner will schedule a time to close on the loan with the HRA. The HRA will make the payments to the contractor(s) after the work has been inspected by Dave Schaffer. The HRA will then submit a draw request to the City (to submit to DTED) for reimbursement. Single-Family Rehab Summary 26 applicants have closed on their loans and work is under way. 19 of those applicants have had all of their work completed. There is currently one applicant who is still optioning bids And has yet to close on their loan. Before the commercial funding was approved for transfer to the single - family program 7 applicants were put on the waiting list. Since we announced that we now have the transfer funds available 4 of the 7 applicants have returned their applications and we are currently processing to determine eligibility. Amount Funded $369,000.00 Amount Committed $348,685.98 (closed on their loans) Amount Allocated $ 9,500.00 (have been approved) Balance Remaining $ 10,814.02 Proposed transfer from Commercial Program $102,105.18 Balance after transfer $112,919.20 Applicants that have closed HRA Loan Number: NO NEW CLOSING TO REPORT Household Composition: Loan Amount: Gross Income: Improvements: Market Value of the Property: Rental Rehabilitation Project Recap on the program Any rental owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. 51% of their rental units need to be leased by tenants at or below 80% of Metro Area Median Income, and the rents for all of the units would need to be at or below the Fair Market Rents. If the property is in the targeted area, and both the tenant's income and rent are within the allowable limits a property owner would be eligible for a deferred loan up to $7,500 per unit. A maximum loan amount is currently under advisement with city staff. The owner is required to match these dollars with a 50% match. This is a secured loan, which will be forgiven after seven years. Compliance of rent restriction and tenant characteristics is in force for the full seven years. The loan is forgiven on a pro -rated basis of 14.28% per year. L After their application has been approved, Bill Schwanke, the HRA's Rehab Advisor, will schedule an appointment to inspect the rental property to determine what improvements should be incorporated into the scope of work. Bill will draw up a work write -up for the homeowner to submit to contractors. It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the property owner will schedule a time to close on the loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Bill Schwanke has inspected the work. The BRA will then submit a draw request to the City (to submit to DTED) for reimbursement Rental Rehab Summary Five applicants have requested a combined funding amount of $70,000 and are in the process of completing inspections and closing on loans. Amount Funded $121,500.00 Amount Committed $75,000.00 (closed on their loans) Amount Allocated $70,000.00 (have been pre- approved) Balance Remaining $- 23,500.00 Proposed transfer from Commercial Program $23,500.00 Balance after transfer $0.00 Applicants that have closed HRA Loan Number: NO NEW CLOSED LOANS TO REPORT Loan Amount: Number of Rental Units: Monthly Rent: Improvements: Market Value of the Property: Commercial Rehabilitation Pro j e c t Recap on the Program Any commercial property owner may apply for the program as long as their property is located in the targeted Small Cities Boundary. Note: this boundary is the small area located in the core downtown area of the bigger Small Cities targeted area. Priority is given to owner occupied structures or where leases are currently in place. Building improvements must be directed toward correcting defects or deficiencies in the property affecting the aesthetics or the property safety, energy consumption, structural/mechanical systems, habitability or handicapped accessibility of the property. Owners are eligible for 50% of the total commercial repair costs, with a maximum loan up to $25,000. The loan is a deferred loan for seven years; which is pro- rated in case of sale. Commercial Rehab Summary One participant closed their loan and three applicants are in the process of developing a scope of work. One applicant has dropped since the last report. Amount Funded $251,250.00 Amount Committed $53,853.98 (closed on their loans) Amount Allocated $60,000.00 (have been pre - approved) Balance Remaining $137,396.02 Transfer to Rental $- 23,500.00 Transfer to Single Family $402,105.18 Balance after transfer $11,790.84 Applicants that have closed HRA Loan Number: No new loans have closed this month. Loan Amount: Gross Income: Improvements: Market Value of the Property: City of Shakopee Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator SUBJECT: Renew Proposed Cleaning Contract — Coverall MEETING DATE: December 3, 2002 Introduction City Council is asked to authorize the appropriate city officials to enter into the 2003 - cleaning contract with Coverall Cleaning Concepts for services until December 31, 2003. Background City Council entered into a cleaning agreement with Coverall Cleaning services on November 19, 2001 to clean all city facilities. City staff recommends renewing the proposed (attached) 2003 - cleaning contract with Coverall Cleaning services until December 31, 2003. Staff has been satisfied with the services provided, but has made some slight changes based on facility and contractual needs. Changes /Additions to the 2003 - cleaning contract: 1) Public Access Studio (Community Center) will be cleaned 5 days /week, at no additional charge. Staff has negotiated that City Hall monthly services like blind and air vent cleaning to be moved from monthly to quarterly for the additional work at the public access center. 2) 2.15 F DEFAULT AND TERMINATION The City may release any building or facility listed on Attachment C from the contract by providing the Contractor with a minimum of 14 days advance written notice. Upon release of any such building or facility, the City will no longer be obligated to make payment to the Contractor for that building or facility. Section 2.15F was added to give the city flexibility to remove any one building without cancellation of the entire contract. 3) 2.2 D TERM OF CONTRACT. Due to unknown construction completion dates and use of facilities, the Shakopee Public Library, 235 South Lewis Street, and the Shakopee Police Station, 475 Gorman Street, shall negotiate cleaning rates and terms and conditions for each building at least six (6) weeks before the opening of the building(s). Section 2.21) was added to address uncertain construction schedules of the library and police buildings. Staff would bring back proposals to the Council for the two 1 new buildings. Funds for cleaning services have been budgeted for the new buildings. 4) Coverall Cleaning will increase damp mopping resilient floors with disinfectant and hard floors and vacuum carpeted areas bi- weekly, rather than weekly, for City Hall and Public Works Department. Public Works will result in a slight increase of $63 /month, no increase for City Hall. 5) Community Center will increase the frequency of inside window cleaning to seven times /week, with an increase of $125 /month. Budget Impact Coverall Cleaning would charge roughly $72,158 for cleaning services, which includes cleaning supplies. Staff estimates that the three park facilities will be cleaned for 7 months. This is roughly an annual increase of $2,832 or $184 /month from 2202. Staff will bring back proposals for the new library and police station, but have included estimated increases for the 2003 budget. The breakdown of facilities is: 2002 2003 Monthly Monthly 2003 Price Building Costs Costs Change /Month City Hall $1,018 $1,085 $0 Community Center $2,337 $2,462 $125 Police Department $560 $560 $0 Public Works $385 $448 $63 Library $224 $175 $49 Youth Building $373 $373 $0 Fire Station No. 51 $219 $219 $0 Fire Station No. 50 $45 $45 $0 Shakopee Senior Center $146 $155 $9 Tah ah Park $528 $540 $12 Lions Park $138 $150 $12 Memorial Park $140 $152 $12 Action Requested City Council is asked to authorize the appropriate city officials to enter into the 2003 - cleaning contract with Coverall Cleaning Concepts for services until December 31, 2003. 2 Cleaning Contract by and between THE CITY OF SHAKOPEE and Plymouth Ridge, Inc. d /b /a Coverall Cleaning Concepts January 1, 2003 -1- This contract is entered into as of January 1, 2003 by and between the City of Shakopee ( "City ") and Plymouth Ridge, Inc. ( "Contractor" or "Coverall Cleaning Concepts "). Now, therefore, in consideration of the promises and mutual obligation contained in this agreement, the parties covenant and agree as follows: I. DEFINITIONS Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1.1 "Administrator" shall mean the City Administrator of the City of Shakopee, Minnesota or his /her duly authorized representative. 1.2 "City" shall mean the City of Shakopee, Minnesota a municipal corporation, acting through its duly appointed officers, employees, agents and representatives. 1.3 "City Council" shall mean the City Council of the City of Shakopee, Minnesota. 1.4 "Code of Ordinances" shall mean the City of Shakopee Code of Ordinances. 1.5 "Contractor" means Plymouth Ridge, Inc. d/b /a Coverall Cleaning Concepts and its duly authorized representatives. 1.6 "Date of Contract," or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 1.7 "Day" or "days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty -four hours each. 1.8 "Finance Director" shall mean the Director of Finance of the City of Shakopee, Minnesota. 1.9 "Subcontractor" shall mean and refer only to a corporation, partnership, firm or individual having a direct contract with the Contractor for performing work in connection with this contract. II. GENERAL CONDITIONS 2.1 CONTRACTOR'S OBLIGATIONS: A. In strict accordance with the terms of this Contract (including the General and Special Conditions and Specifications below) and at its sole cost and expense, the Contractor shall provide all of the labor, materials, necessary tools, expendable equipment, supplies, vehicles, transportation services, required to perform and complete the janitorial duties of the contract. B. Attachments A, B, D will have the working details of the cleaning obligations. -2- 2.2 TERM OF CONTRACT: A. This contract shall become effective on the 1st day of January 2003, and shall remain in full force and effect through the 31st day of December, 2003. B. At the expiration of the initial contract term, the City, at its sole discretion, may extend the contract for up to one (1) year each at the proposal price for the option years by delivering written notice of its intent to extend delivery to Contractor at least two (2) months prior to the expiration date of this contract. The proposal price for the option years shall be the proposal price for 2002 adjusted by the percentage increase in the consumer price index for all urban areas (CPI -U) from December 2002 to December 2003. C. Contractor shall have the opportunity to request an additional extension with terms and conditions to be determined and agreed upon by both parties up to six (6) months prior to the last full year term of the agreement or any extension thereof. D. Due to unknown construction completion dates and use of facilities, the Shakopee Public Library, 235 South Lewis Street, and the Shakopee Police Station, 475 Gorman Street, shall negotiate cleaning rates and terms and conditions for each building at least six (6) weeks before the opening of the building(s). 2.3 PAYMENT: A. The Contractor will bill the City monthly for the services included in this contract in accordance with the charges set forth in Attachment C to this agreement. 2.4 CONTRACTOR'S ACCIDENT PREVENTION: A. The Contractor shall comply with the safety provisions of all applicable laws, regulations and building codes, including, without limitation, the installation and maintenance of safeguards on machinery and equipment, the elimination of hazards, and worker safety training. B. The Contractor shall exercise precaution at all times to protect the safety of persons and property. C. The Contractor shall immediately notify the City of any accident of any kind, which involves the general public or private or public property, which occurs during the performance of this Agreement. D. Upon City's request, the Contractor shall provide the City with a written report within forty - eight (48) hours including the details of any such accident. 2.5 DAMAGE TO PROPERTY: A. The Contractor shall take all necessary precautions to protect public and private property during the performance of this Agreement. -3- B. Such property damage shall be addressed for repair or replacement, at no charge to the property owner, within forty -eight (48) hours with property of the same or equivalent value at the time of the damage. C. If the Contractor fails to address the repair or replacement damaged property in within forty - eight (48), the City may, but shall not be obligated to, repair or replace such damaged property, and the Contractor shall fully reimburse the City's for any of its reasonably incurred expenses. D. The Contractor shall reimburse and/or provide evidence of an insurance claim, the City for any such expenses within ten (10) days of receipt of the City's invoice. 2.6 INSPECTION: A. The City may appoint such Inspectors as it deems proper to inspect the work performed and Contractor's facilities for compliance with the contract documents. The Contractor shall furnish all reasonable assistance required by the Inspectors for the proper inspection of the work. B. Inspectors and other authorized representatives of the City shall be free at all times to perform their duties. Any attempted intimidation of one of them by the Contractor or his /her employees shall be sufficient reason, if the City so decides, to terminate the contract. C. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the contract. 2.7 COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS: A. The Contractor shall be familiar with, observe and comply with all ordinances, laws, and regulations which in any manner affect those engaged or employed in the work, or the materials, facilities or equipment used in the proposed work, or which in any way affect the conduct of the work, and shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on any violation of same. B. If the Contractor shall discover any provision in the specifications or the contract, which is contrary to or inconsistent with any law, ordinance or regulation, he /she shall forthwith report it to the Administrator in writing. C. Amendments to existing regulatory laws and ordinances and enactment of new laws and ordinances shall not serve as justification for the Contractor to terminate his/her obligations hereunder, unless said amendments make the completion of this contract impossible. 2.8 TAXES, LICENSES AND PERMITS: The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or Contractor in connection with the Contractor's facilities and the work included in this contract and shall obtain, maintain and pay for all licenses, permits, certificates of authority, and inspections required for the work during the term of the Contract. -4- 2.9 INDEPENDENT CONTRACTOR: A. The Contractor shall be responsible for the complete supervision and control of his/her Subcontractors. Notice to the Contractor shall be considered notice to the Subcontractors. B. The Contractor is, and shall remain for all purposes, an independent contractor, and its officers, employees, agents, or consultants shall not be deemed employees of the City, nor shall they be entitled to any separate payment of salary, wages, or any employee benefits available to employees of the City. C. The Contractor shall be solely responsible for any salaries, wages, benefits, fees or other compensation, which it may obligate itself to pay to any of its employees or consultants. D. Contractor agrees that during the term of this contract, or any extension of it, Contractor shall not assign, sell, or otherwise transfer more than 10% of: (a) its stock or other beneficial ownership interest; (b) voting rights; or (c) assets, to any person or party other than a member of the immediate family of an existing shareholder. A breach of this contract and the City may immediately terminate the contract. 2.11 ASSIGNMENT AND SUBCONTRACTING: A. The Contractor shall not assign or subcontract the work, or any part thereof, without the previous consent of the Administrator, nor shall he /she assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, nor claim for any money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this contract or any part thereof, unless such assignment has been authorized by the consent of the City Council. B. In case the Contractor is permitted to assign moneys due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered and materials supplied for the performance of the work and to any claims of the City arising out of or under this contract. C. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him/her, his /her subcontract should be immediately terminated by the Contractor upon written notice from the City. The Contractor shall be as fully responsible and accountable to the City for the acts and omissions of his /her subcontractors, and of persons either directly or indirectly employed by him/her, as he /she is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City. The Contractor and his /her Surety alone shall be held responsible for the full and faithful performance of this contract. -5- 2.12 PERFORMANCE BOND: A. The Contractor shall provide a joint and several performance bond to the City of Shakopee to protect said City, and also to protect anyone who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skill, labor, equipment, or material in the execution of such contract, which bond shall be signed by the Contractor and a surety company as surety, and shall be in an amount equal to ten thousand dollars ($10,000.00) by December 17, 2002. The bond shall at all times be kept in full force and effect; said surety company shall have a Best Insurance Rating of A or better and a letter so stating shall accompany any proposal forms. B. The condition of which bond shall be that the Contractor shall fully and faithfully perform all provisions of the contract and the specifications and shall pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons, or subcontractors with provisions and supplies for the performance of the contract; provided that the bond shall not be security for money loaned or advanced to the Contractor, subcontractor or other person in the performance of the contract. C. A performance bond continuation certificate shall be delivered to the City at least thirty (30) days before the expiration of the bond. Failure to provide a continuation certificate thirty (30) days before expiration of the bond shall constitute default on the part of the Contractor and shall be sufficient grounds for immediate termination of the contract by the City. 2.13 GENERAL INDEMNIFICATION: A. The Contractor shall indemnify, keep and save harmless the City and its respective officers, agents and employees against all suits or claims that may be based upon any injury or damage to persons or property that may occur, or that may be alleged to have occurred, in the course of the performance of this contract by the Contractor, or as a result of the performance of this contract by the Contractor, whether or not it shall be claimed that the injury was caused through a negligent act or omission of the Contractor or his /her employees, or his /her subcontractors or his /her or their agents or in connection with any claim based on lawful demands of subcontractor, work person, suppliers; and whether or not the persons injured or whose property was damaged were third parties, employees or the Contractor or employees of an authorized subcontractor; and the Contractor shall at his/her own expense defend the City in all litigation, pay all attorneys' fees and all costs and other expenses arising out of the litigation or claim or incurred in connection therewith; and shall, at his /her own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees. B. When requested by the City, the Contractor shall submit satisfactory evidence that all persons, firms or corporations who have done work or furnished supplies under this contract, for which the City may become liable under the laws of the State of Minnesota, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount may be retained from money due the Contractor which will be sufficient, in the opinion of the City, to meet all claims of the persons, firms, and corporations as aforesaid. Such sum shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. -6- 2.14 INSURANCE: A. The Contractor shall furnish prior to commencement of any work under this Contract certificate(s) of insurance providing insurance coverage as follows: (1) Workers' Compensation Insurance - Covering all persons engaged in work under this Contract to the full statutory limits stipulated in the Minnesota Workmen's Compensation Law. (2) Commercial Liability Insurance - Including premises and operations with the following minimum limits: Bodily Injury $1,000,000 /each occurrence Property Damage $1,000,000 /each occurrence (3) Commercial Vehicle Liability Insurance - Including owned, non -owned and hired motor vehicles. Bodily Injury $1,000,000 /each occurrence Property Damage $1,000,000 /each occurrence The above requirements should not be interpreted to limit the liability of the Contractor under this Contract. B. All insurers shall be either licensed or authorized to do business in the State of Minnesota and carry a Best rating of B+ or greater. C. This coverage shall protect the Contractor, its employees, agents, representatives and subcontractors against claims arising out of the work performed. The City of Shakopee, its agents and employees shall be included as additionally insured with respect to all liability policies herein. D. A thirty (30) day cancellation clause with notice to the City of Shakopee shall be included; words modifying the cancellation clause such as "endeavor to" provide notice will be unacceptable and must be stricken. E. It shall be the Contractor's responsibility to provide similar insurance for each subcontractor or to provide evidence that each subcontractor carries such insurance in like amount prior to the time such subcontractor proceeds to perform under the Contract. 2.15 DEFAULT AND TERMINATION: A. If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him/her without the written consent of the City Council; or if the Contractor voluntarily files for bankruptcy or is adjudged bankrupt; or if a general assignment of his /her assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his/her property; or if at any time the City determines that the performance of the work under this contract is being unnecessarily delayed or that the Contractor is violating any of the conditions of this contract, or that he /she is executing the same in bad faith or otherwise not in accordance with the terms of said contract, then the City may serve written notice upon the -7- Contractor and his/her Surety of the City's intention to terminate this contract. B. Unless within ten (10) days after the serving of such notice by certified mail, a satisfactory arrangement is made for continuance, this contract shall terminate and the City may take over and prosecute the work to completion, by contract or otherwise. C. In the event of default or nonperformance on the part of the Contractor, the Contractor and its Surety shall be liable to the City for all excess cost sustained by the City by reason of the City. In the event the City complete the contract at a lesser cost than would have been payable to the Contractor under the contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such costs to the City be greater, the Contractor and its Surety shall be liable for any pay the amount of such excess to the City. D. In the event of Contractor's default under the terms of this contract, all payments due to the Contractor shall be retained by the City and applied to the completion of the contract and to damages suffered and expense incurred by the City by reason of such default, unless the Surety on the performance bond shall assume the contract, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expense incurred by reason of such default shall be due and payable to such Surety. Thereafter, such Surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the contract. E. If the City terminates the contract, the City may procure supplies or services similar to those so terminated, and the contractor /vendor shall be liable to the City for any excess costs for similar supplies and services, unless the contractor /vendor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Contractor. F. The City may release any building or facility listed on Attachment C from the contract by providing the Contractor with a minimum of 14 days advance written notice. Upon release of any such building or facility, the City will no longer be obligated to make payment to the Contractor for that building or facility. 2.16 FORCE MAJEURE: A. Whenever a period of time is provided for in this Agreement for either the City or the Contractor are to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado or any act of God, but not strike or lockout. B. The time period for the performance in question shall be extended for only the actual amount of time said party is so delayed. 2.17 PENALTIES: A. The Administrator and his /her designee shall notify the Contractor for each violation of the -8- Contract, reported to or discovered by him/her or the City. It shall be the duty of the Contractor to take whatever steps may be necessary to remedy the cause of the complaint and notify in writing the City of its disposition within twenty -four (24) hours after receipt of complaint. B. The first failure to properly perform any item of work will result in written notification to the contractor by the City Administrator and /or his/her designee. The second failure to properly perform any item of work will result in a penalty to the contractor. The City will reduce the amount of the penalty from the amount owed as payment to the contractor. C. The penalty amounts will be as follows: 1) Failure to complete any daily task ----------------------- - - - - -- $55.00 each incident. 2) Failure to complete any weekly task --------- - - - - -- $110.00 each incident. 3) Failure to complete any bimonthly task --------- - - - - -- $275.00 each incident. 4) Failure to complete any monthly task --------------------------------- $550.00 each incident. 5) Failure to complete any quarterly task ---------------- $800.00 each incident. 6) Failure to complete any pay by square foot task----------------------------- - - - - -- -half the total price of the task for each incident. 2.18 NOTICES: A. Any notice or demand required or permitted to be given or made there under shall be sufficiently given or made by facsimile, e -mail, messenger delivery, overnight delivery, or certified mail in a sealed envelope, postage prepaid, addressed as follows: City of Shakopee Coverall Cleaning Concepts City Administrator 8009 34 Avenue 129 South Holmes Street Suite 865 Shakopee, MN 55379 Bloomington, MN 55425 B. Either party may change the address to which notices may be sent by furnishing written notice of such change to the other party. C. Notice delivered by messenger, overnight delivery, facsimile, or e -mail shall be deemed received upon delivery. Notice delivered by mail shall be deemed to have been given as of the date of the U.S.P.S. postmark. 2.19 SEVERABILITY: If any of the provisions of this Contract are determined by a court of competent jurisdiction to be invalid, such provisions shall be deemed to be stricken, and such adjudication shall not affect the validity of the remainder of the terms of this Contract as a whole or of any section, -9- subsection, sentence or clause not adjudged to be invalid so long as the material purposes of this Contract can be determined and effectuated. 2.20 GOVERNING LAW AND VENUE: A. This Contract shall be governed by the laws of the State of Minnesota. B. Venue for any action taken by either the City or the Contractor, whether in law or in equity, to enforce the terms of this Contract shall be in the District Court of the Judicial District, Scott County, Minnesota, and the Contractor hereby waives whatever rights it may have in the selection of venue. 2.21 RIGHT TO REQUIRE PERFORMANCE: A. The City's failure at any time to require performance by the Contractor of any of the specifications in this Contract shall in no way affect the right of the City thereafter to enforce it. B. No waiver by the City of any breach of specifications in this Contract shall be taken or held to be a waiver of any succeeding breach of such specifications in this Contract, nor shall such a waiver of a single breach be taken or held to be a waiver of any specification itself. 2.22 OPTION TO CHANGE SERVICE; AMENDMENTS: A. The City shall have the option to change the service provided during the term of this Contract, including, without limitation, changing the types of cleaning materials and equipment used, times and/or days of service, and number and/or location of city facilities. B. The City shall exercise such option by serving written notice to the Contractor at its designated place of business at least ten (10) days before the date such service change is contemplated to begin. C. Immediately after written notice is served, the parties shall enter into good faith negotiations concerning the terms, frequency, and the details of pricing the services that are provided. D. Any modification or amendments to this Agreement shall be in writing and shall be signed by the parties. III. SPECIAL CONDITIONS 3.1 CUSTOMER SERVICE A. The Contractor shall establish and maintain a local phone number to which City personnel may call or send inquiries and complaints, and from which City personnel may receive information and instructions. B. The Contractor shall provide the Administrator with information concerning the location, telephone number(s) and mailing addresses of the customer service office established above, and any other facility that will be used in the provision of services under this Contract. -10- C. The Contractor shall provide the Administrator with information concerning the Contractor's designated person(s) for the purposes of obtaining instructions, answering inquiries, and resolving complaints. Such persons shall be available to discuss, and if necessary meet with City personnel to resolve problems. D. The Contractor shall provide the City with at least one telephone number, which may be used by City personnel to communicate with the Contractor after regular business hours or during an emergency. E. The Contractor shall equip such office with a sufficient number of telephones and personnel to accommodate inquiries. F. Except as otherwise directed by the City, customer service shall be available at least between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except during holidays. G. In addition, the Contractor will meet with City staff on a quarterly basis in order to discuss the performance of duties carried out by the contractor according to the cleaning services specifications. 3.2 EMPLOYEES AND CONDUCT: A. The Contractor shall use care and diligence in the performance of this Agreement and shall perform all janitorial services required by this Agreement in a neat, orderly, and efficient manner. B. The Contractor shall provide neat, orderly, and courteous personnel for its services and shall provide courteous and knowledgeable personnel for its customer service office. C. The Contractor shall prohibit its employees from drinking alcoholic beverages or using any controlled substance, except pursuant to a doctor's prescription, while on duty, or in the course of performing their duties under this Agreement. D. If the City determines that any of the Contractor's employees is unfit or unsuitable to perform the services under this Agreement as a result of intoxication, drug use, or by virtue of abusive or obnoxious behavior, then, upon the City's written request, the Contractor shall remove such employee from work within the City and furnish a suitable and competent replacement employee. E. All of the Contractor's employees working within the City shall be required to wear a uniform and an identification tag with a picture that clearly indicates that the Contractor employs the employee. F. All of the Contractor's vehicle operators working within the City shall carry valid state driver's licenses for the class of vehicle operated. Such vehicle operators shall obey all traffic regulations, including weight and speed limits. -11- 3.3 EQUIPMENT A. All equipment used in the performance of this Contract, shall be wholly owned by the Contractor; provided, leasing or rental agreements or conditional sales contracts may be allowed where approved by the City, in writing, prior to execution of this Contract. The equipment to be used in performance of this Contract is made part of this Contract by reference. B. No further encumbrance shall be placed upon any of such equipment without the approval of the City, save that the Contractor may, without consent, mortgage or otherwise encumber said equipment and facilities for the purpose of enabling the Contractor to replace the same or add thereof. -12- ATTACHMENT A SPECIAL PROVISIONS Cleaning Services Contract GENERAL INFORMATION: General Description of Work - Contractor shall provide all labor, supervision, insurance, equipment and cleaning materials necessary to provide general cleaning of the City of Shakopee City Hall, Public Services Facility (Public Works and Police Station), Community Recreation Center, Shakopee Public Library, Youth Building, Shakopee Senior Center, Fire Station N0. 51, Fire Station No. 50, and seasonal parks such as Tahpah, Memorial, and Lions Park. Supplies - The City shall supply the following materials: All paper towels for dispensers in public and employee restrooms; all "roll- type" paper towels; plastic bags for wastebaskets; all soap for dispensers in public and employee restrooms, fresheners, and toilet paper. The contractor will supply all OSHA/EPA approved cleaning solutions, cleaning soaps, detergents, waxes, polishes, brooms, mops, rags, sponges, squeegees, buckets, mechanical polishers, buffers, vacuum cleaners, and any other item, tool or equipment needed to clean and /or sanitize the building. The awarded contractor must maintain up -to -date MSDS (Material Safety Data Sheets) for all supplies used in each city facility. -13- ATTACHMENT B HOURS OF OPERATION Cleaning Services Contract Cleaning Schedule - Cleaning is to be done one (1) — seven (7) days per week depending on the city facility. Cleaning shall be done during early morning or late evening hours (Monday through Friday), and anytime except between 6:00 am and 1:00 pm on weekends. It is the desire of the city staff to discuss the cleaning schedule and hours of operation after the contract is awarded to ensure a good working schedule for both parties. Holiday hours will follow the City of Shakopee recognized holiday schedule. Below is a schedule of Board and Commissions meeting dates and times. All efforts should be taken to conduct the cleaning services so as not to interfere with normal City operations as well as with meetings, scheduled and unscheduled, held in the city facilities. The following schedule only represents regularly scheduled meetings and is subject to change. Most meetings last at least three (3) hours, with City Council meetings on Tuesday nights lasting the longest. - Telecommunications Commission- Date: 1 St Wednesday of each month — 7:OOpm Place: Council Chambers -City Council - Date: 1 St and 3 rd Tuesday of each month. Time: 7:00 pm. Place: Council Chambers - Economic Advisory Committee Date: 2nd Tuesday of each month. Time: 7:OOP Place: City Council Chambers - Environmental Advisory Committee — Date: 2nd Wednesday of each month — 7:OOpm Place: Council Chambers -Park and Rec Advisory Board — Date: 4 th Monday of each month. Time 7:OOpm Place: Community Center -Plan Commission — Date: 1 st and 3 rd Thursday of each month. Time: 7:00 pm. Place: Council Chambers -SPUC — Date: 1 St and 3 rd Monday of each month. Time: 5:00pm Place: Council Chambers Facility Hours of Operation Location Days Hours City Hall M -F 8:00 am — 4:30 pm Police Department M -F 8:00 am — 4:30 pm* (The police station operates with minimum staff 24 hours /day M- Sunday) Public Works M -F 6:30 am — 3:30 pm Youth Building M -S 8:00 am — 4:30 pm Library M- Sunday 10:00 am — 6:00 pm Fire Station No. 50 varies varies Fire Station No. 51 varies varies Shakopee Senior Center M -F 8:00 am — 4:30 pm Community Center M -F 6:00 am — 10:00 pm Sat. & Sunday 8:00 am — 8:00 pm Tahpah Park varies Lions Park varies Memorial Park varies -14- ATTACHMENT C PRICES - 2003 Cleaning Services Contract Building Services & Prices - Minimum Requirements The following descriptions of cleaning services for the City of Shakopee are minimum requirements only. Building Location Days /week Price/Month City Hall 129 South Holmes Street 5 $1,085 Community Center 1255 Fuller Street 7 $2,462 Police Department 476 Gorman Street 5 $560 Public Works 500 Gorman Street 5 $448 Library 235 South Lewis Street 3 $175 Youth Building 1121 West 11 Avenue 5 $373 Fire Station No. 51 2700 Vierling Drive East 1 $219 Fire Station No. 50 334 West 2nd Avenue 2 days /month $45 Shakopee Senior Center 200 Levee Drive 3 $155 Tahpah Park 1400 County Road 15 7 — seasonal $540 Lions Park 1101 Adams Street 7- seasonal $150 Memorial Park 1801 East Highway 101 7 — seasonal $152 *Prices should reflect that cleaning services do not need to be render for recognized city holidays for each respective city facility. All city facilities except the Community Center recognize 11 holidays, the Community Center only recognizes Thanksgiving Day and Christmas Day as official holidays. Seasonal work normally starts in March/April and ends in early September. There may be a need to have some basic cleaning done of the seasonal restrooms during the winter months. Options: All prospective contractors are required to give a separate price /quote for the following optional services. Option: Exterior /Interior Window Cleaning $.025 /sq. ft. Option: Exterior /Interior Window Cleaning $.028 /sq. ft (2" Floor) Option: Carpet Steam Cleaning $.12 /sq. ft. Option: Buff Hard Floors $.025sq. ft. Option: Strip and Wax Hard Floors $.23 /sq. ft. Option: Hourly Rate for Special Projects $25.00 /hour -15- ATTACHMENT D SPECIFICATIONS Cleaning Services Contract Daily Log/Periodic Evaluations - The cleaning contractor will be required to complete a daily log of cleaning services. A cleaning log will be kept in each facility and then stored in the office of the City Administrator. After the contract is awarded, the City Administrator and /or his /her designee and the contractor will determine the logical placement of a daily logbook for each city facility. City Hall — General 129 South Holmes Street Daily 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Vacuum carpeted areas carped runners and sweep hard surface for entrances to building. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Clean door handles and spot clean doors. 4. Clean interior and exterior glass door areas. 5. Insert new garbage liners, as needed. 6. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas including staircases and elevator. — Bi- weekly Quarterly L Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents. City Hall Restrooms (5) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Empty and clean the interior of sanitary containers. -16- Weekly 1. Spot clean walls and partitions. 2. Empty all containers and disposals and insert liners as required. 3. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 4. Replace air fresheners when needed. Council Chambers Monday and Wednesday 1. Clean the Council dais, staff area, podium and all horizontal surfaces. 2. Damp clean and sanitize seats and chairs. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Vacuum carpeted areas. 5. Clean all glass partitions. City Hall Lunch Rooms /Copy Rooms Daily 1. Damp clean and sanitize tabletops. 2. Spot clean walls daily, clean weekly. 3. Damp clean and sanitize seats and chairs at least twice a week. 4. Empty all garbage and recycling receptacles. 5. Clean and sanitize sink. 6. Clean and sanitize microwave ovens — at least twice a week. 7. Sweep and damp mop resilient and hard floors with disinfectant. -17- Community Center 1255 Fuller Street Daily 1. Empty waste and remove all trash to the garbage and recycling containers. 2. Dust furniture, stair rails, and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Damp mop resilient and hard floors 7. Vacuum carpeted areas wall to wall including staircases, elevator, carpeted runners. 8. Arrange all office furniture back in its proper area. 9. Clean door handles and spot clean doors. 10. Clean interior and exterior glass door and window areas. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Detail threshold entry plates, removing all visible soil. Monthly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents. Community Center Restrooms/Locker Rooms (6) Daily 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Clean doors, outside of lockers, and partitions. 3. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 4. Clean all glass and mirrors daily. 5. Sweep and damp mop resilient and hard floors with disinfectant. 6. Empty and clean the interior of sanitary containers at least twice a week Weekly 1. Scrub all restroom walls and floors using a lime removing product and use a germicidal detergent. 2. Scrub shower room floors using a lime removing product and use a germicidal detergent. 3. Spot clean walls and partitions. 4. Empty all containers and disposals and insert liners as required. 5. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 6. Replace air fresheners when needed. -18- Community Center — Public Access Studio Daily 1. Empty waste and remove all trash to the garbage and recycling containers. 2. Dust furniture, stair rails, and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Vacuum carpeted areas wall to wall. 7. Arrange all office furniture back in its proper area. 8. Clean door handles and spot clean doors. 9. Clean interior and exterior glass door areas. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Detail threshold entry plates, removing all visible soil. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents. -19- Shakopee Youth Building 1121 West l l Avenue Additional days may be requested or deleted due to use of facility. Daily 1. Damp clean and sanitize tabletops, countertops. 2. Spot clean walls, doors, windows daily, clean weekly. 3. Damp mop resilient and hard floors and vacuum carpeted areas wall to wall including staircase. 4. Empty all garbage and recycling receptacles. 5. Clean and sanitize sink. 6. Empty waste receptacles and remove all trash to the garbage containers Shakopee Youth Building Restrooms (2) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Sweep and damp mop resilient and hard floors with disinfectant. Weekly 1. Spot clean walls and partitions. 2. Empty all containers and disposals and insert liners as required. 3. Empty and clean the interior of sanitary containers at least twice a week. 4. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 5. Replace air fresheners when needed. -20- Shakopee Senior Center 200 Levee Drive Daily 1. Spot clean walls, doors, windows daily, clean weekly. 2. Damp mop resilient and hard floors and vacuum carpeted areas wall to wall. 3. Clean and sanitize drinking fountain Shakopee Senior Center Restrooms (2) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Sweep and damp mop resilient and hard floors with disinfectant. Weekly 1. Spot clean walls and partitions. 2. Empty all containers and disposals and insert liners as required. 3. Empty and clean the interior of sanitary containers at least twice a week. 4. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 5. Replace air fresheners blocks when needed. -21- Police Department 476 Gorman Street Daily 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains and sinks. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Vacuum carpeted areas, carpeted runners and sweep hard surface for all entrances to building, hallways, and lunchroom/break area. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Clean door handles and spot clean doors. 4. Clean interior and exterior glass door areas. 5. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas including staircases and elevator. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents. Police Department Restrooms/Locker Rooms (5) Daily 1. Empty waste receptacles and remove all trash to the garbage containers 2. Clean doors, outside of lockers, and partitions. 3. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 4. Clean all glass and mirrors. 5. Sweep and damp mop resilient and hard floors with disinfectant. 6. Empty and clean the interior of sanitary containers. Weekly 1. Scrub all restroom walls and floors using a lime removing product and use a germicidal detergent. 2. Scrub shower room floors using a lime removing product and use a germicidal detergent. 3. Spot clean walls and partitions. 4. Empty all containers and disposals and insert liners as required. 5. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 6. Replace air fresheners when needed. -22- Library 235 South Lewis Street Daily 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Arrange all furniture in proper areas. 7. Vacuum carpeted areas carped runners and sweep hard surface for entrances to building. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Clean door handles and spot clean doors. 4. Clean interior and exterior glass door areas . 5. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas including staircases and elevator. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents Library Restrooms (2) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Empty and clean the interior of sanitary containers at least twice a week. Weekly 1. Spot clean walls and partitions. 2. Empty all containers and disposals and insert liners as required. 3. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 4. Replace air fresheners when needed. -23- Public Works 500 Gorman Street Daily 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Vacuum carpeted areas carped runners and sweep hard surface for entrances to building. Weekly 1. Dust and spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 2. Place recycling and garbage containers outside at designated areas on designated garbage day. 3. Clean door handles and spot clean doors. 4. Clean interior and exterior glass door areas. 5. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas — bi- weekly. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents. Public Works Restrooms! Locker Room (2) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers. 4. Sweep and damp mop resilient and hard floors with disinfectant. Weekly 1. Spot clean walls and partitions. 2. Empty all containers and disposals and insert liners as required. 3. Empty and clean the interior of sanitary containers at least twice a week. 4. Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 5. Replace air fresheners when needed. -24- Fire Station No. 50 334 West 2" Avenue 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables, spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Clean door handles and spot clean doors. 7. Clean interior and exterior glass door areas . 8. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas including staircases and elevator. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents Excluded Areas 1. Apparatus and equipment bays 2. Apparatus and equipment maintenance areas. Fire Station No. 50 Restrooms (2) 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Spot clean walls and partitions. 6. Empty and clean the interior of sanitary containers. 7 Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8. Replace air fresheners when needed. -25- Fire Station No. 51 2700 Vierling Drive East 1. Empty waste receptacles and remove all trash to the garbage containers. 2. Dust furniture and tables, spot clean all horizontal surfaces including windowsills, ledges, shelves, picture frames, bookshelves, filing cabinets, radiators, etc. 3 Remove cobwebs. 4. Clean and sanitize drinking fountains. 5. Notify City staff of any irregularities, i.e., defective plumbing, unlocked doors, lights left on, inventory requirements, rest room supplies. 6. Clean door handles and spot clean doors. 7. Clean interior and exterior glass door areas . 8. Damp mop resilient with disinfectant and hard floors and vacuum carpeted areas including staircases and elevator. Quarterly 1. Dust and clean vertical blinds. 2. Vacuum furniture. 3. Clean all light fixture diffusers and ceiling air vents Excluded Areas 1. Apparatus and equipment bays 2. Apparatus and equipment maintenance areas. Fire Station No. 51 Restrooms (5) 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Spot clean walls and partitions. 6. Empty and clean the interior of sanitary containers. 7 Refill. all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8. Replace air fresheners when needed. -26- Memorial Park — Restrooms (2) 1801 East Highway 101 (Daily — Seasonal. Additional days may be requested or deleted due to use of facility.) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Spot clean walls and partitions. 6. Empty and clean the interior of sanitary containers. 7 Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8. Replace air fresheners blocks when needed. Tahpah Park — Restrooms (4) 1400 County Road 15 (Daily — Seasonal. Additional days may be requested or deleted due to use of facility.) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Spot clean walls and partitions. 6. Empty and clean the interior of sanitary containers. 7 Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8. Replace air fresheners when needed. Lions Park — Restrooms (2) 1101 Adams Street South (Daily- Seasonal. Additional days may be requested or deleted due to use of facility.) Daily 1. Clean, sanitize and polish all fixtures including toilet bowls, urinals and adjacent tile, hand basins, switch plates, and door handles. 2. Clean all glass and mirrors daily. 3. Empty waste receptacles and remove all trash to the garbage containers and insert liners as required. 4. Sweep and damp mop resilient and hard floors with disinfectant. 5. Spot clean walls and partitions. 6. Empty and clean the interior of sanitary containers. 7 Refill all dispensers to normal limits - including napkins, soap, tissue (to be furnished by the City) weekly or as needed. 8. Replace air fresheners when needed. -27- IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE COVERALL CLEANING CONCEPTS Approved by City Council on October 16. 2002 By: By: William Mayors, Mayor Title: Date: Date: By: Mark McNeill, City Administrator Date: By: Judy Cox, City Clerk Date: -28- City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Schaefer, Assistant to the City Administrator John Flynn, Police Sergeant SUBJECT: Towing Contract —1 month extension MEETING DATE: December 3, 2002 Introduction City Council is asked to authorize the appropriate city officials to extend the Towing Contract, under the same terms and conditions, with Shakopee Towing until January 31, 2003. Background City staff has reviewed the expiring towing contract, December 31, 2002, with Shakopee Towing and believes the contract should be extended for one month until January 31, 2003 to decrease the number of city contracts that come due at the end of the year. This will give staff flexibility and more time to thoroughly review each contract before presenting it to the City Council. It will also allow staff additional time to review the current terms and conditions of the contract to make suggestions /changes to the contract to the City Council. Shakopee Towing has been contacted and does not see any problems with extending the contract, under the same terms and conditions, until January 31, 2003. Budget Impact No budget impact. Action Requested City Council is asked to authorize the appropriate city officials to extend the Towing Contract, under the same terms and conditions, with Shakopee Towing until January 31, 2003. 1 AGREEMENT THIS AGREDIENT, made and entered into this 5th day of December, 2000 , by and between the City of Shakopee, and Shakopee Towing Inc. , hereinafter referred to as the " Contractor." WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a cont::a_t for the towing, impounding, and storage of motor vehic les; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW THEREFORE, the parties heretofore, in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him. 2. The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized city officials at all times, twenty -four (24) hours a day, seven (7) days a week, holidays included. 3. The contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8,000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and 1 B. Equipment capable of uprighting and towing a loaded semi tractor - trailer combination; and C. Equipment sufficient to move a completely demolished vehicle on dollies or low -bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition anc repair and in conformance with the terms and conditions of this Agreement. 4. All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state and building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. S. The Contractor shall control and operate facilities capable of storing a minimum of four (4) vehicles inside and facilities capable of storing a minimum of twenty (20) vehicles outside. The Contactor will provide six (6) secured storage spaces for forfeited motor vehicles at no cost to the City. It is further agreed that vehicles need be stored inside only when so directed by an authorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond 2 p_ to calls, use safe and adequate equipment, wlear. in appearance, use decent language, and treat the public courteously at all times. 7. The Contractor shall be solely responsible for the loss or damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its agent by an authorized City official until such time as the vehicle is released to the registered cr actual owner or agent thereof. 8. The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9. All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor.or its employee must be present at the Contractor's parking facility or on call at least between the hours of 8:30 a.m. and 5:30 p.m., Monday through Friday, and on Saturday from 9:00 a.m. to 1:00 p.m., and Sunday from 10:00 3 a.m. to noon, for the purpose of releasing vehicles to authorized claimants. 10. it is agreed that motor vehicles will not be driven dl::i�g the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flaL tires. 11. When the contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or otter debris resulting from the accident. 12. The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor's storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. 1. Towing Charges: Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. $60.00. Type II, all tows which involved a vehicle which is not on or immediately adjacent to a public street or alley or which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a dolly to tow the vehicle. $95.00 4 ae ?II, all tows which involve vehicle that -quires, and for which a spec - !r reUest has been made, two or more tow trucks. $1.5.00 minimum. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. 2. Administrative Fee. A minimum $20.00 administrative fee will be added to all tows. B. Towing of Large Vehicles. Towing of vehicles of more than five (5) ton factory rated capacity. $125.00 minimum. C. Reclaimed Vehicles at Scene. If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one -half (1/2) of the Type I towing charge. D. Storage Charges. 1. Twenty -four (24) hours or fraction thereof A. Inside storage $25.00. B. Outside storage $20.00. 2. Forfeited Vehicles: Two (2) dollars a day to maximum of $750.00 for each forfeited motor vehicle over the allotted six (6) free storage spaces referenced in paragraph 5 of this agreement. E. Clean Up Charges. 1. Removing vehicular parts and routine sweeping and clean -up $20.00. 2. Removing debris other than vehicular parts, and more extensive clean -up $45.00 per 4 hour. 5 F. Unlocking Vehicles_:_ $35.00. G. Vehicle Release The release of vehicles will be conducted during posted normal working hours. A release requested after normal working hours will be charged an additional service call fee of $50.00. H. The Contactor will provide the City five (5).service cal' -s per month with no charge to the City. 13. The City shall not be responsible to the Contractor for tae payment of any charge for towing, storage, clean -up, and /­ unlocking vehicles. 14. Should the Contractor fail to appear at the designated pcint to tow within twenty (20) minutes after a call, the City reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 15. This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth and effect with respect to all operations of the Contractor. The Contractor agrees to furnish to the City a certificated of insurance of its policy or policies which shall be in force on the date of the execution of the Agreement and 6 shall continue for a period equal to the du .° -en of the Agreement. The following coverage is requir - A. Garage Liability and Automobile Li as follow 'z: 1. Bodily Injury and Property Damage Liability in .__E amount of not less .than $1,000,000 per occurrence. 2. Garage Keepers' Legal Liabi policy in the a rc `:= at least $30,000. Each of these policies shall carry an endorsement wh reads: It is understood and agreed that the insurance pro vi: -d under the undermentioned policy and endorsement a-L thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily in - jury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker's Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker's Compensation Law. C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 16. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper 7 w,, e City shall have the right to defend such action and ha e all costs thereof to the Contractor. 17. The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 18. It is mutually understood and agreed that no alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19. In the event of a breach by Contractor of any terms or condLtion of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this a Agreement forthwith. 20. This Agreement shall be for a period from January 1, 2001 to December 31, 2002, provided that either party may terminate the same without cause by giving ninety (90) days' written notice to the other. 21. A copy of this Agreement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day and year first above written. 8 CITY OF SIL KOPEE : It Mayor n Its leak Its Administrator CONTRACTOR: By Its Revised 11/15/00 I: \clerk \Kelly \towagree 9 CITY OF SHAKOPEE `.J ' • Memorandum TO: Mayor and Council ( q;'O N !S` E N T Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Auditor's Proposal for 2002 Audit DATE: November 26, 2002 Introduction & Background The city has received the proposal for the provision of audit services for FY 2002. The firm is Kern, DeWenter and Viere whom the council selected four years ago. The proposed price for the basic audit is $21,500 compared to $20,300 for FY 2000. The cost to prepare the annual financial report is $4,600 versus $4,900 last year. Alternatives 1. Retain just the basic audit at $21,500. 2. Retain the basic and the annual report for $26,100. Recommendation Alternative #2. This alternative contracts out some of the finance workload at the peak time of the year. The auditors are qualified to do the work. Also, this reduces the need for additional staff in that time frame and is more cost effective. The proposed budget can accommodate this alternative. Action Move to retain Kern, DeWenter and Viere as auditors for fiscal year 2002 at the proposed amount of $26,100. Gre" gg Voxland Finance Director C: \gregg \memo \02audit CITY OF SHAKOPEE �4 Memorandum C ONSEN T TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Bids For Full Size Squad Car DATE: November 20, 2002 Introduction The 2003 Internal Service Fund budget contains an appropriation request for the purchase of two squad cars. Background The 2003 budget includes an appropriation of $68,120 for the purchase of 2 squad cars. Funding is from the Capital Equipment Internal Service Fund. The vendor cost last year was $21,033.00. One new car will replace an older model or a car with more maintenance problems. One car is an addition. Additional costs include graphics, communications conversion and other equipment. The bid for a full size car is as follows: 2003 Base bid $20,356.00 Options: Drivers cloth power seat 360.00 Vinyl rear seat 60.00 Full rubber floor mat -89.00 Left side spot light 161.00 Single key lock system 40.00 Shop manual (one) 145.00 Total 21,033.00 Alternatives 1. Buy as per above. 2. Buy as per above but modify options. 3. Re -bid on our own (probably insufficient time). 4. Don' buy full size squads. Recommendation Alternative number 1. Action Move to authorize the purchase of two full size police squads from Superior Ford in the amount of $42,066.00, in accordance with the State of Minnesota automobile contract 426133. �V Gre Voxland Finance Director I: \finance \does \03squad City of Shakopee �-- Memorandum TO: Mayor and City Council CONSEN"i Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Massage Center License Renewal DATE: November 26, 2002 INTRODUCTION: The City has received one application for renewal of a massage center license. BACKGROUND: Amy Snyder, Knead It Or Knot Massage and Bodywork, 205 South Lewis Street, has applied for renewal of her massage center license for 2003. The application for a massage center license is in order and the required certificate of insurance is in order. I have checked with the Chief of Police, and he has advised that he is unaware of any reason that the license should not be renewed. (Pursuant to the City Code, the City Clerk will be issuing the massage therapist licenses to qualifying applicants.) RECOMMENDED ACTION: Approve the application and grant a massage center license to Amy Snyder, Knead It Or Knot Massage and Bodywork, 205 South Lewis Street. --ct'j, I - - �. �k' Ci Jerk I\Massage.ccmemo hr, r-. 21. CITY OF SHAKOPEE L; ON S' 14 E N T Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 2003 Tobacco Licenses DATE: November 25, 2002 INTRODUCTION and BACKGROUND: City Council is asked to consider the renewal of tobacco licenses for 2003. A list of the current licensees is attached. Prior to the issuance of the licenses, the County Treasurer is contacted to make verify are no delinquent property taxes and SPUC is contacted to verify there are no delinquent utility bills. As part of the application, applicants are asked to provide information on their instructional program for training employees; and, they are asked to certify that they are in compliance with the code that prohibits the use of vending machines and self - service merchandising. Beginning this year, we are also asking applicants to indicate any other means that they have implemented to insure that there are no sales of tobacco and tobacco related products to persons under the age of 18. RECOMMENDED ACTION: Authorize the City Clerk to issue tobacco licenses for 2003. (No need to list all licensees.) i y Clerk I \tobaccoccmemo TOBACCO LICENSES - 2002 2002 -1 Stonebrooke of Shakopee 2693 County Road 79 2002 -2 Speedway SuperAmerica 1298 Vierling Drive East 2002 -3 Tom Thumb Food Markets #250 590 S Marschall Road 2002 -4 Kwik Trip 1522 Vierling Drive East 2002 -5 Holiday Stationstores 444 East First Avenue 2002 -6 K -Mart 1698 Vierling Drive East 2002 -7 Raceway Park One Checkered Flag Blvd. 2002 -8 Cub Foods 1198 Vierling Drive East 2002 -9 Hennen's Texaco 807 East 1 st Avenue 2002 -10 Koehnen's Standard 804 East 1st Avenue 2002 -11 Food n Fuel 234 West I" Avenue 2002 -12 Speedway SuperAmerica 1195 Canterbury Road 2002 -13 Speedway SuperAmerica 1155 East First Avenue 2002 -14 Saba's Bar & Grill 911 East 1st Avenue 2002 -15 Tobacco Warehouse 201B First Avenue East 2002 -16 Babe's Place 124 Holmes Street So. 2002 -17 Crossroads Liquor 1262 Vierling Drive East 2002 -18 VFW 4046 1201 East 3rd Avenue 2002 -19 Turtle's Bar & Grill 132 East 1st Avenue 2002 -20 Valley Liquor 1102 Shakopee Town Square 2002 -21 Arnies Friendly Folks 122 East 1 st Avenue 2002 -22 MGM Liquor Warehouse 471 Marschall Road 2002 -23 Budget Liquor 6268 Highway 101 2002 -24 Riverside Liquors 507 East 1 st Avenue 2002 -25 Canterbury Park 1100 Canterbury Road 2002 -26 Pullman Club 124 West 1 st Avenue 2002 -27 Oasis Market 615 Marschall Road 2Hv2 -28 Rare R . S TA 4 rlc 1 Wgst 7 A 2592 - it -5'is T- 0: 1148 Vier-ling -rive 2002 -30 Holiday Stationstores 1381 Greenwood Court 2002 -31 Walgreen Co. 1291 Tasha Boulevard 2002 -32 Silva's E1Burrito Mercado 123 West 2 nd Avenue 2002 -33 Synders Drug Stores Inc 1260 East 4"' Avenue 2002 -34 South Side Liquor 1776 17 "' Avenue East 2002 -35 Tobacco Express, Inc. 1148 Vierling Drive East i\l icenses \tobaccol ist 16 F /. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Tobacco License Tobacco Express, Inc. DATE: November 25, 2002 INTRODUCTION: City Council is asked to consider an application for a tobacco license for Tobacco Express, Inc., 1148 Vierling Drive East. BACKGROUND: Application has been made by Tobacco Express, Inc. to sell tobacco at retail at 1148 Vierling Drive, at the Crossroads Center. Tobacco Express, Inc. is purchasing the tobacco shop from Lights Unlimited, Inc. The Police Department has conducted the customary background check and has learned of nothing that would prevent the issuance of a tobacco license. RECOMMENDED ACTION: Move to approve the application and grant a tobacco license to Tobacco Express, Inc., 1148 Vierling Drive East. N icenseMobaccoExpress CITY OF SHAKOPEE MEMORANDUM C N T To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Meeting Date: December 3, 2002 Subject: Satisfactory Completion of Probationary Period for Travis Karlen, Recreation Supervisor INTRODUCTION City Council is asked to authorize regular status for Travis Karlen, Recreation Supervisor. DISCUSSION AND RECOMMENDATION Mr. Karlen began full -time employment with the City on December 3, 2001. During his one -year probationary period, he has not only met, but exceeded my expectations in making significant improvements in the Aquatic Park operation, Learn -To -Swim program, and other youth recreation programs. Therefore, I recommend that he be granted regular full -time status. REQUESTED ACTION If City Council concurs, motion to accept successful completion of Travis Karlen's probationary period and grant him regular full -time status effective December 3, 2002. Mark Themig Facilities and Recreation Director /s. E. /, CITY OF SHAKOPEE Police Department CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police A/ SUBJECT: Successful Completion of Probation DATE: November 19, 2002 INTRODUCTION: The Police Department is taking this opportunity to notify the City Council that the services of Brad Bisek have been satisfactory and recommend he be retained in the position of Police Officer as authorized by Section VIII, paragraph H -4 of the Personnel Handbook BACKGROUND: The City Council authorized the appointment of Brad Bisek to the position of probationary police officer effective November 05, 2001. Officer Brad Bisek has performed the responsibilities of the position in a satisfactory manner over the past 12 months. RECOMMENDATION: Staff recommends that Officer Brad Bisek be retained in the position of Shakopee Police Officer. ACTION REQUESTED: The City Council, if they concur, should by motion acknowledge the satisfactory completion of probation and authorize the retention of Brad Bisek as Police Officer effective November 05, 2002. 16 CITY OF SHAKOPEE ' t MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Authorization to Survey and to Prepare Plans and Specifications for New Minnesota River Boat Landing. Date: November 25, 2002 INTRODUCTION The City Council is asked to authorize the appropriate City officials to enter into a contract extension with WSB for preliminary surveying services for a new boat landing on the north side of the Minnesota River. Staff is also requesting Council's authorization for staff to prepare plans and specifications for the boat landing. BACKGROUND Two years ago, I met with Terry Schreiner of the US Fish and Wildlife Services and Suzanne Whillhite of the Minnesota Department of Natural Resources to discuss possibility of constructing a new boat landing of the north side of the Minnesota River. Both Terry and Suzanne were supportive of the idea. Of course, we would close the existing boat landing in Huber Park. The rapidly eroding shoreline on the south side of the river is making it difficult for the City to maintain and repair the current boat landing. Staff suspects the piers of bridge may be directing additional water flow into the shoreline. There seems to be a less of an erosion problem on the north side of the river. During the construction of the new downtown bridge in the early 1990s, US Fish and Wildlife built a parking lot to serve as a trailhead for horseback riding. It has ten stalls for trailers and fifteen stalls for cars and it is located on the east side of the new bridge. The plan to create horseback riding trails along the river never really materialized because of funding restraints. The US &FW is willing to lease or convey the land (including the parking lot) to the City if it desires to install a boat landing and maintain it. The DNR is willing to assist the City in funding the construction of the boat landing ($120,000) if we handled the engineering and design. On November 21, Assistant City Engineer Scott Smith and I met with DNR officials to discuss funding and design work. They have assured us funding would be available if we met the following criteria: ■ Secure ownership or a lease agreement of the subject property, or properties; ■ Prepare plans and specifications; ■ Bid the project next Spring (Caveat: bids must be within projected budget amount) In order for City staff to begin work on this project, we should survey the project site before snowfall. WSB will survey and prepare the necessary topographic survey drawings. They are proposing to complete this work on a cost "not to exceed" basis of $3,448.00. RECOMMENDATION Staff is making two recommendations: 1. Authorize the appropriate City officials to enter into a contract extension with WSB for preliminary surveying services of the proposed Minnesota River Boat Landing at a cost not to exceed $3,448.00, and 2. Direct City staff to prepare plans and specifications for the boat landing. ACTION REQUESTED Move to authorize the appropriate City officials to enter into a contract extension with WSB for preliminary surveying services of the Minnesota River Boat Landing at a cost not to exceed $3,448.00, and to direct the City's engineering staff to prepare plans and specifications for the boat landing. Mark J. McQuillihn Natural Resource Director - CITY OF SHAKOPEE Memorandum TO: Mayor and City Council WMEN Mark McNeill, City Administrator FROM: Julie Klima, Planner II RE: Brittany Village 5 Addition DATE: December 3, 2002 DISCUSSION The City Council approved the Final Plat for Brittany Village 5�' Addition in October 2002. Please see Exhibit A for project location. The title to the 33 feet south of the plat is currently held by the City. This 33 foot strip of land was created and held by Eagle Creek Township until its annexation into the City of Shakopee. At that time the title transferred from the township to the city. As the property in this area has developed, the development(s) have incorporated the area so as to not leave remnant properties. Consistent with the advice given by the City Attorney on this matter in previous developments, staff is requesting that the Council authorize the transfer of the 33 foot strip of property to the developer (Tollefson Development, Inc.) for inclusion within the plat. ALTERNATIVES 1. Authorize the transfer of the 33 foot strip of property to Tollefson Development, Inc. for inclusion in the Brittany Village 5 Addition. 2. Do not authorize the transfer of the 33 foot strip of property to Tollefson Development, Inc. for inclusion in the Brittany Village � "' Addition. 3. Table the matter and request additional information from r:.aff and /or the applicant. STAFF RECOMMENDATION Staff recommends that the City Council authorize the transfer of the 33 foot strip of property to Tollefson Development, Inc. for inclusion in the Brittany Village 5 Addition. ACTION REQUESTED Offer a motion to authorize the transfer of the 33 foot strip of property to Tollefson Development, Inc. for inclusion in the Brittany Village 5` Addition, and move its adoption. f e Klima ner II g: icc \2002112 -031bri ttmiyvig5. doc RESOLUTION NO. 5831 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL ESTATE WHEREAS, the City of Shakopee is the fee owner of a 33 foot wide strip of land (the "Property "), legally described as follows: The North 33. 00 feet of all except the west 546.36 feet of the North Half of the Northeast Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County, Minnesota; and WHEREAS, the property is of nominal value; and WHEREAS, the City has determined that it is in the best interests of the City to sell the Property to Tollefson Development, Inc. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF SHAKOPEE AS FOLLOWS: The Mayor and City Clerk are authorized and directed to execute and deliver a quit claim deed to convey the Property to Tollefson Development, Inc. The consideration for the transaction is $500.00. Adopted this day of 2002. Mayor of the City of Shakopee ATTEST: City Clerk STH 169 _. G ED FT AG HAKOPEE S W�E Final Plat of Brittany 5 Village 5th Addition Q Zoning Boundary I Parcel Boundary I 1 T'A Y VILLA 'T A ADITION i y . - 1 -East floe olOuUot A, ,. -> UtBfty Easement Per O ADDIT70N BRITTANY VILLAGE 47H 1 �• l Doe, No_J99479 _ _� _ S 114 car. 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C h N00°21 22 "W a • �•-- ,l , / ( 68.00 y A 410° 32.00 0 2.DO .OD 4200 4200 JZ.00 J200 5200 J200 42.00 m m 24 N q N88°fi'08E NOO°06'45E 424.°0 •�� 'Con Z »I z g $ x o $ NOO J ° ' ^ �Jr 25,66 ALL OF LOT 25 IS A 9 ' ..a, N „N NOO °0! 29 E 424,00 DRAINAGE ANO UTILITY EASEMENT ' a 68 DO 68. tl ^ q 42.00 J200 3200 J200 3200 4200 42.°0 3200 J2.00 3200 J2.00 42.00 o N N N00 °2922 'W ON00 ?420 'W ^ a M 3 3 3 3 Q C• �..• m I n' ^� t'1 t'1 $ t'1 M .'M n h n M o W 65.00 N ALL OF R LOT 47 11 / ( l W 6 &00 M W . t� $to $ n m b $' $- M u_ fSAOA 47 NO , ' I ° N ? m� .�12 m il10 h 9 y8 m11 7 m 6 m�5 ajoi4 Ol3mh2 �� 1 ° mN 1100°2922'W N 2 / @ O b° , ,00 1$a {°a ,°a ,Oa O {pD b0 100 a IO $ $ / N oD i z�4 zo w IM U7YEASEMENT I a y m m $ o$ 2 x 2 2 2 2 2 2 2 2 2 x 2 h B °0 a - N , I ° 68.00 M a r^ 2/ ya 'o ti_ p / / $N00 2 Q a v! �.�� N00°Of29E 424.00 1 +`i �p $ N00 °922 W M rte+ >. b �f• $ , m + °� 481.63 25 ; . a N � • N 4 o zl F '1 / " 1/ I a a N t�t; -t C AI �EN UE a MN °D°29�2'wM W �l t • .O NOO 4 TO "W,n "I N N A. $ p i N My �I - „ - - -. 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G�4 °002d `.` o:g r O "W $ Z / N CK r• N LL{ ^ + % J200 J200 J200 41,.00 4200 J200 J200 00 3 J22 00 42.0° " ' ° O M ,r f? k ryh �'n •^ b N09.°0 wg R h °� X13 $ 14 X15 $ x 16 "17 $ 78 $ 19 $ '208 m21$ X22$ M m,23 " 24 6 $ " a "wd °2921 w q �r a1 b +Wi m rn b c n m h e d ai �i $ 4i a $ , :1 l rd N '^ '0 m b ° ' ° m ° a, m a '° m '° ° m '° ° `° a e, b C- d N 1n I ,.. � 'i ♦ 1 m �i % v m m m b m m m ", ° w z x x z x = 30 30 M e 92 N09°o312" $ N d }u ° 4 $ N002922 "W$ 5 N N00 °129 E 424.00 .5 27- N �` ALL OF LOT 25 /S A „N ' 27 � �� M DRAINAGE AND U77UTY EASENT ui SW 25 d /x °pJ "W m pn C4 N0o °0129 E 424.00 I N00 °292 e !g N09 $ r m 4200 JZ.00 J200 320° J200 4200 4200 J2.00 J200 3200 3200 420° / w '> e° n o e m °� ,3 t 3 s ue` r 3 3 3 3 3 1 3 :u g 1� $ I Nog $zN ut u� $M ot'1 $h $M $m $ $ $m $m m$ n �opa o mil ° a y m a "w V a u m 12 m 11 10 m° m p 9 Q{ roh 7 6 mb5 ai a�¢ m`R ,j asm2 atm 1 hm NDO °2922 "W $. tt W O b° b° b° f°O b b° b 0I° �ba eC`F) r• M m m q q q a\ al al al al °� �' b C � �i w 5 ' 42 ,00 2 2 2 2 2 2 x 2 2 2 2 0i w S M N09 OJ'1 2 25 27• p 2 o, 200 .0 3 . ° 0 200 4 . 0 20° J.00 32 4.Otl I 1° / �C'u � / ` c $ T 4� NOO ° 0129 "E 424.00 Jo N5t °30'19 E �� JO !� 68.00 /11 / I �e e °°3'12 "W iO� 426.89 2S 45 •- .. $ O MOO °29'22"IV $ I I 1 / / / I e � ` N0968.2; NOO °2922 "W 4 ` p ���s� I N B ALINE SE S H s .141 Z 1 9 i J9O °b I - - 29 - - - O o _ fj, y� • y"�� J s do NOD 457.14 / 50 50,.E -.� y ? � ��O Q7 t, Jlg" N N °oh 162 ' 64, _ s Y ,� J $a v N00 °29'22 "W N �� k ry" Ap hO SOO,�g o s°,. ° 01 426.01 O .J1 - "�. I�^ti O $ $ pp `6 N00 '29 E 424.00 d�6 ZS 27' n ry f") •11 �{ h 4700 3200 3200 32.00 3200 4200 4200 J2.00 7-00 32 6B.tltl 00 J2.0o 42.0° +� 6 M "I 3 '. / 1 / I' ro "f"J bo b • X CA 9 its• i 3 3 3 3 ' 3 3 3 3 °• V q _ ' 9< '3 c• ` ^ NDO °2972 "W 0 01 O ` J 0 00 5 $� $h $w $'� 5 b ° N � 3 / _62.50 ' bo ya > 15 ai�12 7 m� 6 °5mh4 " �3 2�4 1 h a� � h o ° a 6 � N M b o 625 I y� ebb 9A m a '°a ba ` 'Ob ua `Oa ' a a N•I 6g. 00 y" b S m b b °� b m b m b m N .f b, M00 °2922 "W o o 1 z z x z x x x 6 h b ^� n° b b" 2 /1 1 • ° gyp / / 1 I , I 0 420° J200 J200 J2.00 32.00 42.00 4 .00 3200 3200 31.00 J200 42.0° q j B °j w °' 29 N tD N / ALL OF LOT 47 15 A �� + N00 ° 0129 E 424.°° N00°2922`Ww DRAINAGE AND UTILITY EASEMENT 00. 14 !17 'J6.82 " 1 W li e5 ' 116.61 7%11 189.21 I N00 ° 0129 E 1106.75 «„ ,1 :Ij l 3 " "Ll 1 •" J W 1 6D 3 \ / ` '�T.t;l 7 .L. r trf b ' ' C West Ifne of 00(Ivt A, ' w ti `° BRITTANY WLL40E 47H l 7 ADDmON I . NORTH • OENOTES CAST IRON MONUMENT FOUND. 0 DENOTES IRON MONUMENT FOUND. 0 DENOTES 1/2 INCH x 14 INCH IRON lA0NU1AENT SET AND MARRED BY REGISTRATION NO. 10943. D 60 120 180 ORIENTATION OF THIS BEARING SYSTEM 15 BASED ON THE SCALE -IN WEST LINE OF BRITTANY VILLAGE 4TH ADDITION, iw Fr TO HAVE AN ASSUMED BEARING OF N00 °01'29'E. "h,� �t; CITY OF SHAKOPEE 0'60NSENT Memorandum CASELOG NO.: 02 -113 TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director RE: Resolution No. 5828 re- guiding certain properties south of Valley View Road from Rural Residential to Single - Family Residential DATE: November 19, 2002 INTRODUCTION: On November 19, 2002 the Council directed staff to prepare a resolution amending the 1999 Comprehensive Plan/Land Use Plan to reguide several properties. The attached resolution re- guiding the properties (with the exception of the Kahnke property) is offered for the Council's consideration. The attached map depicts those properties (identified by their property identification numbers) that are included in the resolution. ALTERNATIVES: 1. Adopt Resolution No. 5828, a resolution of the City of Shakopee re- guiding certain properties on the south side of Valley View Road from Rural Residential to Single - Family Residential. 2. Do not adopt Resolution No. 5828, and provide specific direction to staff regarding the guiding of these properties. 3. Table the matter and request additional information from staff. ACTION REQUESTED: Adopt Resolution No. 5828, a resolution of the City of Shakopee re- guiding certain properties on the south side of Valley View Road from Rural Residential to Single - Family Residential. g: \cc\ 2002\ 12-03\ compplanvalleyviewresno .5828.doc RESOLUTION NO. 5828 A RESOLUTION OF THE CITY OF SHAKOPEE AMENDING THE 1999 COMPREHENSIVE PLAN UPDATE BY AMENDING THE LAND USE PLAN TO RE -GUIDE CERTAIN PROPERTIES FROM RURAL RESIDENTIAL TO SINGLE - FAMILY RESIDENTIAL WHEREAS, the City of Shakopee has proposed re- guiding several properties on the south side of Valley View Road from Rural Residential to Single - Family Residential; and WHEREAS, on August 6, 2002, the City Council approved the allocation of Metropolitan Urban Service Area (MUSA) to the subject properties; and WHEREAS, in connection with the Valley View Road improvement project the City has worked with the owners of the subject properties to assure that public water and sanitary sewer are available to the subject properties; and WHEREAS, the subject properties are depicted on the attached exhibit A, and are identified by the following property identification numbers; • 27- 917006 -0 (Huth Property). • 27- 917009 -0 (Berg Property) • 27- 917008 -0 (Fonder Property) • 27- 917005 -0, 27- 917005 -1, 27- 917007 -0 (Schultz Property) • 27- 917018 -1 (Larsen Property) • 27- 920005 -1 (Terry/Kitty Hauer Property) • 27- 920006 -0 (Schmitz Property, northerly half only) • 27- 920005 -0 (Hauer Farms Property, portion adjacent to Terry/Kitty Hauer Property) WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 17, 2002, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of November 19, 2002. NOW, THEREFORE BE IT RESOLVED that the : * Council of the City of Shakopee hereby adopts the following findings of facts relative to the above -named request; Finding No. 1: The 1999 Comprehensive Plan Update is not in error; Finding No. 2: Significant changes in community goals and policies have not taken place. Finding No. 3: Significant changes in City wide or neighborhood development patterns have occurred, in that public sewer and water service, as well as paved roads, have been made available to the subject properties. BE IT FURTHER RESOLVED, that the request to amend the 1999 Comprehensive Plan Update by re- guiding the subject property from Rural Residential to Single - Family Residential is approved subject to the following conditions; 1. Approval of the amendment by the Metropolitan Council of the Twin Cities; 2, This action does not constitute approval of rezoning of the property, or any plan for plat development. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2002. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk • • ' � `. 7 �91 7010 . / ff/\Hlf�tTA To 6-F CITY OF SHAKOPEE Memorandum a:.v 'i T CASE NO.: 02115 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Peter Vickerman, Planner I -GIS SUBJECT: Approval of a Registered Land Survey Stemmer Farm & Garden (Applicant) DATE: December 3, 2002 Introduction In an effort to clear title, Stemmer Farm & Garden is requesting a Registered Land Survey as recommended by Scott County First District Court (Exhibit Q. The property is located on the west side of Scott Street, between 1 ' Ave. and 2 nd Ave. (Exhibit B). Alternatives 1. Approve the Registered Land Survey submitted by Stemmer Farm & Garden, subject to conditions recommended by staff. 2. Revise the conditions of approval for the Registered Land Survey, and approve subject to the revised conditions. 3. Do not approve the Registered Land Survey. 4. Table action on this item and request additional information from the applicant and/or staff Staff Recommendation Staff recommends approval of the Registered Land Survey submitted by Stemmer Farm & Garden. Action Requested Offer Resolution No. 5817, a Resolution approving the Registered Land Survey submitted by Stemmer Farm & Garden, and move its approval. Peter Vickerman Planner I -GIS RESOLUTION NO. 5817 A RESOLUTION OF THE CITY OF SHAKOPEE, MWNESOTA, APPROVING THE REGISTERED LAND SURVEY SUBMITTED BY STEMMER FARM & GARDEN WHEREAS, the property upon which the request is being made is legally described as follows: See Exhibit A (attached); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Registered Land Survey submitted by Stemmer Farm & Garden is hereby approved. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to approve and accept said Registered Land Survey. Adopted in session of the City Council of the ^..ity of Shakopee, Minnesota, held the day of , 2002 Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk All that part of lots 6,7 and 8 of Block 19, City of Shakopee, Scott County, Minnesota, lying southerly of the following described line. Commencing at the Northeast corner of said Block 19; thence southerly along the East line therof a distance of 88.95 feet to the beginning of the line to be described; thence westerly at an angle of 89 ° 44'54" as measured from the North to the West a distance of 180.00 feet to the west line of said Lot 8 and there terminating. Also, j All that part of Lots 1 through 5, Block 19, City of Shakopee, Scott County, Minnesota lying northerly of a line 25 feet northerly of as measured perpendicular to, the centerline of the Soo Line Railroad Company's main track. Also, i That part of lots 3, 4 and 5, Block 19, City of Shakopee, Scott County, Minnesota described as follows: I Commencing at the intersection of the east line of said Block 19, with a line drawn 25.00 feet northerly of and parallel with I the centerline of the Soo Line Railroad Company's main track; thence South 86 degrees 53 minutes 47 seconds West along said parallel line a distance of 56.82 feet to the point of beginning of the land to be described; thence South 03 degrees 17 minutes 18 seconds East a distance of 5.54 feet; thence South 86 degrees 37 minutes 49 seconds West a distance• of 41.00 feet; thence North 03 degrees 22 minutes 11 seconds West a distance of 2.00 feet; thence South 86 degrees 42 minutes 41 seconds West a distance of 36.00 feet; thence North 03 degrees 17 minutes 19 seconds West a distance of 4.09 feet to - said parallel line; thence Northeasterly along said parallel line to the point of beginning. And that part of the 16.00 foot alley as shown in Block 19, City of Shakopee, Scott County, Minnesota, lying easterly of a line drawn from the southwesterly corner of Lot 8, Block 19, of said plat to the northwesterly corner of Lot 3, Block 19, of said plat. L , ..................... S r�l Subject Property Q Zoning Boundary C Parcel Boundary �xw�BiT Q STATE OF MINNESOTA 2000 -02611 DISTRICT COURT COUNTY OF SCOTT F1 LEE FIRST JUDICIAL DISTRICT JUL 19 2002 OTHER CIVIL ,�} In the Matter of the Application of SCOTT COUNTY COURTS Stemmer Farm and Garden Supply, Inc., ORDER AND DECREE OF REGISTRATION To Register Title to Certain Land. The above entitled matter, upon the motion of the Applicant, came on for hearing at the Scott County Courthouse izi the City of Shakopee, said* County and State, and the Court having duly considered the application, the Report of the Deputy Examiner of Titles and the evidence adduced by the Applicant finds: 1. Except as hereinafter provided, the facts and the opinion upon the title stated in the Report of the Deputy Examiner of Titles are true and correct. 2. All the requirements of the law in respect to the application and any amendments thereto have been complied with and all of the defendants in this proceeding have been duly served with process as required by law or have consented to the registration herein. It further appears that no answer has been filed or appearance has been made by any defendant in this proceeding, except the City of Shakopee appeared by Stipulation authorizing applicants to proceed by default and an Answer filed by Soo Line Railroad Company, doing business as Canadian Pacific Railway, that was subsequently withdrawn pursuant to. a Stipulation, filed herein, which authorizes applicant to proceed by default. 3. Except as hereinafter provided, none of the defendants named in the summons and any amendments or supplements thereto have any right, title, estate, lien or interest in the premises hereinafter described. 4. According to the last official assessment thereof, the premises are of the market value of $38,700.00, exclusive of improvements. 5. The premises are occupied by Cole D. Van Horn, a married man, who has assented to this proceeding. 6. The Applicant has made a due and diligent search for the addresses of CMC Real Estate Corporation, a dissolved Wisconsin Corporation, Chicago, St. Paul, Minneapolis and Omaha Railway Company, Suel Enterprises, Inc., a statutorily dissolved Minnesota corporation, L. John Suet, deceased, Ora Kopisca, Frank W. Hatch and Sh oo . attch� na TM mo d ass4efendants herein, and have been unable to locate the • Certified to be a true and correct copy of the original on file and of recob in my office GREGORY M. ESS Cnurt Administrator same; that their whereabouts are unknown; and that said named defendants have been served in this proceeding by publication. 7. The Applicant and their predecessors in title have been in actual, hostile, open, continuous, notorious and adverse possession of all of the premises hereinafter described, and has paid the real estate taxes thereon, for more than 15 years prior to the commencement of this proceeding. 8. Chicago, Saint Paul, Minneapolis and Omaha Railway Company; Suel Enterprises, Inc., L. John Suet, Gertrude W. Suet, Ora Kopisca, Frank W. Hatch, Sharon L. Hatch, Foreston Oil Co., Incorporated, Realty Trust Company, Inc., Robert C. Nagel, Arthur E. Birdseye, Mary Ann Birdseye, Soo Line Railroad Company, CMC Real Estate Corporation; Chicago Milwaukee Corporation, CMC Heartland Partners, Shakopee Associates a general partnership, Michael E: Dircks, Peggy. J. Ducks, Q west and the. City of Shakopee have either lost by adverse possession, abandoned or conveyed all right, title and interest that they may have, had or claim in the premises. 9. The City of Shakopee has agreed to allow Applicant to proceed by default so long as the registration is subject to the following paragraph, which paragraph is part of the legal description of the premises, to -wit: Together with the rights and obligations under Commercial Building Encroachment Agreement, dated June 6, 2000, recorded August 29, 2000, as document 482769. 10. The Report of Examiner recommends the preparation and filing of a registered land survey of the Premises in connection with the filing - of the Judgment and Decree in this proceeding. NOW, THEREFORE, .IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows:: 1. A default as. to each defendant named in the summons and any amendments or supplements thereto and "all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate hereinafter described" is hereby entered in the above entitled action. 2. Stemmer Farm and Garden Supply, Inc., whose business address is 2080 Shoreline Boulevard, Shakopee, County of Scott, State of Minnesota, is the owner of an estate in fee simple, in the following described land in the County of Scott, State of Minnesota: That part of Lots 6, 7 and 8, Block 19, City of Shakopee, Scott County, Minnesota, dying southerly of the following described line: 2 Commencing at the Northeast corner of said Block 19; thence southerly along the East line thereof a distance of 88.95 feet to the beginning of the line to be described; thence westerly at an angle of 89'44'54" as measured from the North to the West a distance of 180.00 feet to the West line of said Lot 8 and there terminating. All that part of Lots 1 to 5, Block 19, City of Shakopee, Scott County, Minnesota, lying northerly of a line 25 feet northerly of, as measured perpendicular to, the centerline of the Soo Line Railroad Company's main track. That part of Lots 3, 4 and 5, Block 19, City of Shakopee, Scott County, Minnesota, described as follows: Commencing at the intersection. of the East line of said Block 19, with a line drawn 25. 00 feet northerly of and parallel with the centerline of the Soo Line Railroad Company's main track; thence South 86 degrees 53 minutes 47 seconds West along said parallel line a distance of 56.82 feet to the point of beginning of the land to be described; thence South 03 degrees 17 minutes 18 seconds East a distance of 5.54 feet; thence South 86 degrees 37 minutes 49 seconds West a distance of 41.00 feet; thence North 03 degrees 22 minutes 11 seconds' West a distance of 2.00 feet; thence South 86 degrees 42, minutes 41 seconds West a distance of 36.00 feet; thence North 03 degrees 17 minutes 19 seconds West a distance of 4.09 feet to said parallel line; thence northeasterly along said parallel line to the point of beginning. That part of the 16.00 foot alley as shown in Block 19, City of Shakopee, Scott County, Minnesota, lying easterly of a line drawn from the southwesterly corner of Lot 8, Block 19, of said plat to the northwesterly corner of Lot 3, Block 19, of said plat. Together with and subject to a non - exclusive perpetual easement for ingress, egress, driveway and utility purposes established by Declaration of Easement, dated June 20, 2000, recorded July 28, 2000, as document 480277. Together with a nonexclusive, temporary, appurtenant license for the maintenance, repair and replacement of any buildings and improvements from time to time located upon the above described land, over and upon that part of Lots 3 to 8, Block 19, City of Shakopee, Scott County, Minnesota, within a distance of. 10.00 feet from the northerly and southerly boundary of the above described land; provided, however, that all work associated with the exercise of this license shall be performed in such a manner as to minimize interference with the use and enjoyment of the burdened property. Upon completion of any work, the person exercising this license shall restore the burdened property, to the extent reasonably possible, to its condition prior to the commencement of the work. The exercise of this license shall not extend to permitting entry into any structures on 3 the burdened property, nor shall it unreasonably interfere with the use of the burdened property and, except in an emergency, entry onto the burdened property shall be made only after reasonable notice to the owner or occupant thereof. This temporary license shall terminate upon the removal or destruction of the Building and improvements from time to time located upon the above described land, to the extent of more than 50% of its estimated market value, excluding land. Together with the rights and obligations under Commercial Building Encroachment Agreement, dated June 6, 2000, recorded August 29, 2000, as document 482769. That said land is brought under the provisions and operations of Minnesota Statutes Chapter 508, and that the title thereto is confirmed and registered as provided in said act; subject, however, to the following: (a) Any rights or encumbrances which may be subsisting as specified in' Minnesota Statutes, §508.25. (b) Contract for deed in favor of Cole D. Van Horn, dated February 19, 1999, recorded February 23, 1999 as document 439064. (c) Mineral rights, water rights and the rights to easements reserved by CMC Real Estate Corporation in Quit Claim Deed dated April 27, 1992, recorded May 5, 1992, as document 295105. (d) Mineral rights, water rights and the rights to easements reserved by Chicago Milwaukee Corporation in Quit Claim Deed dated April 27, 1992, recorded May 5, 1992, as document 295105. (e) Mineral rights, water rights and the right to easements reserved by CMC Heartland Partners in Quit Claim Deed dated April 27, 1992, recorded May 5, 1992 as document 295105. That said Stemmer Farm and Garden Supply, Inc. is a Minnesota corporation, whose chief executive officer is William W. Stemmer. Dated at Shakopee, Minnesota, on this `? day of 4�' 2002. Judge of istrict Cou M acy T, nets - er) Decree entered this g day of , 2002, at o'clock V .1 4 Gregory M. Ess, Court Administrator By Deputy APPROVED AT , FORM THIS ` LEE VICKERMAN DEPUTY MMINER OFTITLES SCOTT COUNTS MINNESOTA 5 CITY OF SHAKOPEE NT MEMORANDUM N To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Meeting Date: December 3, 2002 Subject: Scouts Request for Overnight Use of Lions Park INTRODUCTION City Council is asked to authorize overnight use of Lions Park for Shakopee Cub Scout Pack 916, Den 1. BACKGROUND AND DISCUSSION Mr. Ken Valiant, Shakopee Cub Scout Pack 916 Den Leader, has submitted a request to use Lions Park and the Youth Building for an overnight winter camping event on January 4 and 5, 2003. Mr. Valiant is planning an event that would use the Youth Building and the grounds around it for winter camping, and other parts of Lions Park such as the sliding hill. The Den will be providing parent volunteers for supervision. Although City Park Ordinance prohibits park use after 10:00 p.m., it does provide use after 10:00 p.m. if "approved by City authorities ". Furthermore, authorization would be required for camping activities. As I understand from past practice, request for after - hours park use has always been approved by City Council. If approved, we would issue a special use permit for the overall event. RECOMMENDATION We recommend approval of overnight use of Lions Park for this event. REQUESTED ACTION If City Council concurs, motion to authorize after hours use and camping in Lions Park on January 4 and 5, 2003 by Shakopee Cub Scout Park 916, Den 1. Mark Themig Facilities and Recreation Director CHAPTER 14 REGULATING AND GOVERNING THE USE OF PARKS SEC. 14.01. PARKS DEFINED ............................................... ............................... 1711 SEC. 14.02. ACTIVITY SCHEDULED IN PARKS ................... ............................... 1711 SEC. 14.03. REGULATIONS .................................................. ............................... 1711 Subd. 1. Speed Laws .................................................. ............................... 1711 Subd. 2. Parking .......................................................... ............................... 1712 Subd. 3. Hours ..............................:............................. ............................... 1712 Subd. 4. Camping ........................................................ ............................... 1712 Subd. 5. Building of Fires ........................................... ............................... 1712 Subd Firearms ........................................................ ............................... 1712 Subd. 7. Littering ......................................................... ............................... 1712 Subd. 8. Swimming and Bathing ............................... ............................... 1712 Subd. 9. Dangerous Games ....................................... ............................... 1712 Subd. 10. Vandalism ................................................... ............................... 1712 Subd. 11. Control of Pets ........................................... ............................... 1712 Subd. 12. Sales ........................................................... ............................... 1712 Subd. 13. Repealed ..................................................... ............................... 1712 Subd. 14. Tennis Courts ............................................. ............................... 1713 Subd. 15. Ice Skating Rinks ....................................... ............................... 1713 SECTIONS 14.04 - 14.98. Reserved ...................................... ............................... 1713 SEC. 14.99. VIOLATION A MISDEMEANOR ......................... ............................... 1713 --------------------------------------------------------------- SEC. 14.01. PARKS DEFINED. For the purpose of this Chapter the word "parks" shall mean a park, parkway, trail, playground, athletic field, swimming pool, recreation center or other area in the City, owned, leased or used, wholly or in part, by the City for recreational purposes and for such uses that are normally associated with parks. SEC. 14.02. ACTIVITY SCHEDULED IN PARKS. The City parks are intended for the benefit of all. To facilitate maximum, uniform and orderly usage of park facilities, the Shakopee Community Services is delegated as the agency to coordinate and schedule the use of park areas and facilities. SEC. 14.03. REGULATIONS. The following regulations shall apply to all City parks unless otherwise specified: Subd_ 1. Speed Laws_ It is unlawful for any person to operate a motor vehicle in any park at a speed in excess of 15 miles per hour except an emergency vehicle. Subd_ 2_ Parking_ It is unlawful for any person other than park personnel to park any motor vehicle in any place in a public park except in designated areas or to operate any motor vehicle in any place except on established roads, driveways or parking areas. Subd_ 3. Hours_ It is unlawful for any person to be or remain in any park between the hours of 10:00 o'clock P.M. and 6:00 o'clock A.M. except those who, without delay, are traveling through the parks on established walks, paths or streets, or are in activities that have been scheduled by proper City authorities. Subd_ 4. Campmng. Overnight camping is permitted only in the areas designated for such activities and so posted. Subd_ 5_ Building of Fires. It is unlawful for any person to light or make fires in any park except in places and in containers intended for such purposes. This Section does not apply to City employees engaged in cleaning or maintaining the area. Subd. 6_ Firearms_ It is unlawful for any person or persons to discharge any firearm in a park without first securing specific approval from Shakopee Community Services and a permit from the Chief of Police. Subd_ 7_ Littering, It is unlawful for any person to cast, deposit, throw, lay, place or scatter any lighted or unlighted cigars or cigarettes, chewing gum, chewing gum wrappers, glass, bottles, cans, nails, wire, crockery or other sharp or cutting substances, or any refuse matter of any kind anywhere, except in refuse containers provided for this purpose. Live charcoal coals and ashes shall be deposited only in containers designated for this purpose. Subd_ 8_ Swimming and Batbing_ Swimming and bathing will be permitted only in designated and posted areas. Subd_ 9_ Dangerous Games. It is unlawful for any person to play any game of baseball, tackle football, golf, hockey or other games dangerous to the welfare of other persons and property excepting in areas provided for this purpose and so posted. Subd_ 10. Vandalism_ It is unlawful for any person to write upon, mark, destroy or otherwise deface in any way any property or thing pertaining to or in said parks. It is also unlawful for any person to paste or affix or inscribe any handbill or poster on any structure or property within any park or on any road or roadway adjacent thereto, or to break, cut, mutilate, injure, remove or carry away any tree, plant, flower, shrub, rock, soil or any other park property except in the case of City personnel engaged in maintenance and development thereof. Subd_ 11 _ Control of Pets_ No pets shall be allowed in any park except when they are under control on a leash or confined. It is unlawful for any person to ride a horse or other animal except on designated trails, paths and areas, or to disturb or interfere with any wildlife. Subd_ 12. Sales_ It is unlawful for any person or persons other than City personnel to sell any article or product in any park without a permit from Shakopee Community Services. Subd_ 13. Repealed. Subd_ 14_ Tennis Courts. It is unlawful for any person to ride bicycles or any other vehicle on the tennis court or drive them thereon or use the courts for any other purpose than playing tennis without specific permission from Shakopee Community Services. Subd_ 15_ Ice Skating Rinks_ Ice hockey will only be permitted on rinks posted for hockey. No hockey sticks or pucks shall be allowed on any other park rink. No vehicles of any kind excepting those used by City personnel will be allowed on any skating area. (Ord. 73, September 10, 1981; Ord. 202, July 1, 1986) SECTIONS 14.04 - 14.98. Reserved. SEC. 14.99. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph, or provision of this Chapter when that person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Ord. 73, September 10, 1981; Ord. 337, July 23, 1992) (The next page is 1761.) CITY OF SHAKOPEE MEMORANDUM / To: Mayor and City Council CONSENT Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Meeting Date: December 3, 2002 Subject: Renewal of Arena Advertising Agreement INTRODUCTION City Council is asked to consider renewal of the Arena advertising agreement with Shakopee Hockey Association for one additional year. BACKGROUND AND DISCUSSION In 2000, City Council authorized a two -year agreement with Shakopee Hockey Association to have the Association coordinate the advertising in the arena. Prior to this time, City staff sold limited wall advertising. The agreement expanded the advertising program to include dasher boards. It was negotiated to provide a revenue source for Shakopee Hockey Association that would help control per participant costs for ice rented at the Arena, while ensuring the City met its budgeted advertising revenue projections. In addition, it required that SYHA conduct the majority of administrative work associated with the program. Terms of the agreement include a 25% payment of proceeds to the City, and the City retaining full control over approval of the ad content and design. The Association is responsible for all sales, design, production, and billing. The current agreement ends on December 31, 2002. Since executing the agreement in 2000, we have had several challenges in implementing the program, including selecting an advertising production firm, choosing the appropriate materials, and working with the Association in coordinating the overall process. However, in the past few months, several changes have taken place that have streamlined the process, including selection of a new production firm and an enhanced commitment from the Association. To date, three dasher boards and five wall banners are in place, and according to the Association, several more will be coming forward soon. The advertising program has the potential to generate significant revenue. Depending on the design and number of ads, we estimate that this program could produce over $30,000 annually. As stated previously, this revenue would provide an opportunity for the Hockey Association to generate funds that will be applied toward ice rental, ultimately keeping costs down for participants. ALTERNATIVES 1. Extend the current agreement with Shakopee Hockey Association for one additional year. 2. Allow the current agreement to expire and direct City staff to assume the advertising program. 3. Request additional information. RECOMMENDATION I would recommend Alternative #1, that the agreement be renewed for one additional year. Due to the number of issues in implementing the program, the additional year will give the Association time to continue their work and demonstrate success. At the conclusion of 2003, we will review their progress, and bring a recommendation back to City Council. The Parks and Recreation Advisory board also recommended unanimously that the agreement be extended for one year. REQUESTED ACTION If Council concurs, move to authorize an additional one -year agreement with Shakopee Hockey Association for Arena Advertising. Mark Themig Facilities and Recreation Director SHAKOPEE HOCKEY ASSOCIATION ADVERTISING AGREEMENT This agreement made and entered into this day of , 2002, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota (hereinafter referred to as "CITY ") and Shakopee Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as "SHA "). WITNESSETH: Whereas, the City of Shakopee is desirous of generating revenue through the use of dasher board and banner advertising; and Whereas, SHA wishes to sell dasher board and banner advertising at the Shakopee Ice Arena in order to raise funds for the ongoing support of youth hockey in the community; and Whereas, SHA uses dasher board and banner advertising revenue to rent ice time at the Shakopee Ice Arena, which is a benefit to the CITY. Now, therefore, in consideration of the promises, terms and conditions stated herein, the parties agree as follows: I. DUTIES AND RIGHTS OF SHA A. SHA shall use its best efforts to locate advertisers for available advertising space in the Shakopee Ice Arena and to negotiate advertising contracts for the arena, provided that all the advertising contracts are subject to the following: (1) advertising rates shall be at the rates approved by the CITY; (2) the advertiser is satisfactory to CITY. All advertisements shall be based on the Shakopee Ice Arena Advertising Program (Exhibit A). B. SHA shall designate one representative that will act as the association's liaison in coordinating activities with the CITY. C. SHA agrees to pay the CITY an amount equal to Twenty Five Percent (25 %) net the first year, and Twenty Five (25 %) gross the second year from the sale of dasher board and banner advertising. SHA shall project total revenue for the calendar year and report the total projected annual CITY payment on June 30. In the event that this annual payment is projected to be less than $5,000, the CITY may choose to sell unsold advertisements beginning July 1, retaining the full sales amount. It is understood that SHA will invoice all advertisers, and advertisement payments will be made to SHA at its mailing address. Payments due to the CITY will be made to the CITY on a quarterly basis (Jan 1, April 1, July 1, Oct 1). Cash flow reports and inventory lists will be forwarded to the CITY on a quarterly basis. D. SHA shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SHA shall review all artwork and ensure that it meets the standards set forth by the CITY. SHA shall obtain CITY approval of artwork prior to production. The CITY reserves the right to reject any copy, pictorial, or graphic, that (1) is inappropriate for children or young adults (no sex, drugs, alcohol or tobacco are permitted); (2) is a violation of existing laws; or (3) in any way reflects negatively on the character, integrity or standing of any individual, group, firm or corporation. E. On or before April 1 of each year, SHA shall provide the CITY with a copy of the year -end Advertising Sales financial report prepared by SHA for its Board of Directors. F. SHA or the CITY may terminate this agreement upon thirty (30) days written notice to the other party, except as outlined in II.A. In the event of such termination by either party, SHA agrees to pay the CITY the full remittance owed as of the date of termination. G. SHA agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. H. SHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SHA agrees to hold harmless and indemnify the CITY from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. 11I, DUTIES AND RIGHTS OF THE CITY OF SHAKOPEE A. The CITY may immediately terminate this agreement in the event that SHA fails to locate advertisers, or otherwise fails to perform its duties under this agreement. B. The CITY will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SHA will be responsible for these costs. 2 III. JOINT DUTIES AND RIGHTS A. SHA and the CITY agree to prepare, or have prepared, advertising and promotional materials to be used by SHA in the solicitation of advertisers. Any costs for professional design or printing services shall be responsibility of SHA. B. SHA and the CITY agree to coordinate the administration of advertising contracts, including production, and securing signatures. C. SHA and the CITY agree to mutually research, interview, and select a business (or businesses) to produce advertisements. It is understood that all costs associated with the design, production, installation (when beyond the ability of CITY staff), and repair /upkeep of advertisements shall be the responsibility of SHA. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the CITY. F. This Agreement shall be governed by the laws of the State of Minnesota. G. The term of this agreement shall be from date of signature by both parties through December 31, 2003. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE SHAKOPEE HOCKEY ASSOCIATION Mayor President City Administrator City Clerk 3 Exhibit A CITY OF SHAKOPEE / SHAKOPEE YOUTH HOCKEY ASSOCIATION COOPERATIVE ADVERTISING PROGRAM FOR THE SHAKOPEE ICE ARENA The following information outlines the advertising program for the Shakopee Ice Arena. Advertising, Location and Fees Advertising locations are available on both the Arena walls and dasher boards. All advertisement locations are visible from the spectator side of the rink. Available advertising space is as follows: Advertising Area No. Advertising Panel Rate/ Contract Term Available Description Panel/ r. Wall Panels 16 4'X 6' panels $500 2 Years Dasher Board Varies 33" High; Length Varies $50 /ft 2 Years Advertising Guidelines for Artwork, Fabrication and Installation 1. All advertising graphics and messages are subject to approval by the City. 2. Advertising can be for products or services. Advertising must be appropriate for school age youth. Advertising of alcohol, tobacco, or sex - related products or services will not be permitted. 3. To maintain consistency in design, City shall be provided with a copy of the proposed advertising, complete with artwork. 4. Advertisement locations may be selected based on availability. Locations may be reserved on a first come /first served basis. 5. , Shakopee Hockey Association (SHA) shall be responsible for working with advertisers on design and production of advertising panel and /or artwork. SHA shall review all artwork and ensure that it meets the standards set forth by the City. SHA shall obtain City approval of artwork prior to production. 6. The City will coordinate installation of advertising within agreed upon time frame. In the event that specialized skills, equipment, or tools are needed for installation, it is understood that SHA will be responsible for these costs. 7. Wall panels will be composed of 6' wide by 4' high material. Panels shall be secured to the wall using Velcro. 8. Dasher boards will be 33" high, and will vary in length based on arena dasher board spacing needs. Advertisements shall include Lexan covers. All advertisements will have a white background.