Loading...
HomeMy WebLinkAboutFebruary 26, 2002 TENTATIVE AGENDA ADJ. REG. SESSION SHAKOPEE, MINNESOTA FEBRUARY 26, 2002 LOCATION: 129 Holmes Street South Mayor William Mars presiding 1] Roll Call at 4:30 p.m. 2] Approval of Agenda 3] Murphy's Landing Action 4] Appointments to Boards and Commissions 5] Discussion of Orientation/Issues a. SJPA — Pat Ciliberto 10 minutes b. City Clerk — Judy Cox 10 minutes C. Economic Development — Paul Snook 10 minutes d. Natural Resources — Mark McQuillan 10 minutes e. Telecommunications — Tracy Coenen 5 minutes f. Finance — Gregg Voxland 20 minutes g. Park and Recreation — Mark Themig 20 minutes h. Other Administration/Wrap up — Mark McNeill 20 minutes 6] Other Business 7] Adjourn CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing/Three Rivers Park District DATE: February 22, 2002 The City Council is asked to adopt a motion to authorize the Minnesota Valley Restoration Project, Inc. dba Murphy's Landing to continue to operate as a tenant at will, until the closing of the sale of the property between the City and Three Rivers Parks, formerly known as Hennepin Parks. The City of Shakopee is the owner of land along the Minnesota River that has been operated since the 1980's as Murphy's Landing. Murphy's Landing is a non -profit organization, and is governed by a Board of Directors. Councilor Clete Link has been serving as the City's representative to the Murphy's Landing Board. It operates as a living history museum, and demonstrates life as it existed in the Minnesota River Valley from 1840 to 1890. The City and Murphy's Landing are nearing the end of a five -year lease, which will terminate February 28 For those five years, Murphy's Landing has leased from the City the grounds and improvements for a nominal sum. Murphy's Landing has had ongoing financial struggles throughout its history. Scott County has provided an annual 5130,000 contribution to Murphy's Landing; that amount comprised approximately 1/3 of its total operating budget. The remainder of the Murphy's Landing budget has been raised through admission sales, membership fees, and grants. The City of Shakopee has been providing in -kind contributions from its Public Works Department, consisting of mowing, snowplowing, maintenance of roadways, wells, and the like. In 2000, negotiations began between the Parks District (then known as Hennepin Parks), the County, and the City. The negotiations centered around the transfer of the control and operations of Murphy's Landing from the non -profit Board of Directors, to Hennepin Parks. The scope of those negotiations was changed somewhat by a fire which took place in January, 2001, which destroyed the largest structure on the site containing three businesses, the Murphy's Landing offices, and six apartments. Since the fire, negotiations have continued. A delay of several months has happened because of a concern about liability insurance coverage for the outgoing Murphy's Landing Board of Directors. However, the insurance question has now been resolved, and both Murphy's Landing and Three Rivers have come to agreement on the transfer of assets and operations from Murphy's Landing to Three Rivers. 1 As a background for the newer members of the City Council, you should be aware that the previous City Council last Fall approved a purchase agreement between the City and Three Rivers Parks District, transferring the property ownership Three Rivers. This is with the understanding that Three Rivers will continue to operate Murphy's Landing as a 19 century historic interpretive museum. If they cease to do that, or violate the criteria outlined in the list of permitted and prohibited uses, ownership would revert to the City. There is no money being exchanged on this. However the City is being reimbursed $10,000 for costs associated with this transfer (legal, surveying, abstracting, etc.). It is expected that the closing of this will take place in March; however, the documents provide for 60 -days. The "closing" of the agreement transferring assets will not be able to take place for several weeks. As stated earlier in this memo, the City's five -year lease with Murphy's Landing expires February 28 Therefore, action to allow Murphy's Landing to continue as a tenant until the closing of the sale of the property is necessary. ALTERNATIVES: It is expected that that closing will take place simultaneously with the closing of the agreement between Three Rivers Parks and Murphy's Landing. A copy of that agreement is attached for your information. I recommend that the City Council adopt a motion authorizing Murphy's Landing to continue as a tenant until the closing of the sale of the property between the City and Three Rivers Parks. ETQUIWF 1 If the Council concurs, it should, by motion, authorize the Minnesota Valley Resotration Project, Inc., dba Murphy's Landing, to continue as a tenant at will until the closing of the sale of the property between the City and Three Rivers Parks. t ,�1 i w Mark McNeill City Administrator This Purchase Agreement ( "Agreement ") is entered into this day of ' 20 by and between Suburban Hennepin Regional Park District, a political subdivision of the State of Minnesota ( "Park District") and the City of Shakopee, a Minnesota municipal corporation ( "Shakopee "). WHEREAS, the Park District is a political subdivision of the State of Minnesota, whose primary duties are acquisition, development and maintenance of large parks, wildlife sanctuaries or other reservations, and means for public access to historic sites and to lakes, rivers and streams and to other natural phenomena, and WHEREAS, Shakopee owns property described on Exhibit A hereto ( "Subject Property") in the City of Shakopee, Minnesota, commonly known as Murphy's Landing, and WHEREAS, Shakopee and Park District wish to enter into an agreement for the conveyance of said property for historical preservation and interpretation from Shakopee to the Park District, NOW THEREFORE, for and in consideration of the above premises and the promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Conveyance Shakopee hereby agrees to convey to the Park District and the Park District agrees to accept from Shakopee the Subject Property. 2. Consideration In consideration of the conveyance, transfer and delivery by Shakopee to the Park District of the Subject Property, the Park District shall pay to Shakopee the sum of ten thousand dollars ($10,000.00). 3. Conveyance of Title Subject to performance by the Park District at the closing of the transaction contemplated by this Agreement ( "Closing "), Shakopee shall convey title to the Subject Property by [warranty] deed executed and delivered to the Park District in the form of JJT- 198995v3 1 SH155 -99 Exhibit B attached hereto. The title conveyed in said deed shall be subject to the following: (i) building, zoning and subdivision laws, ordinances, state and federal regulations, (ii) reservation of any minerals or mineral rights with the State of Minnesota, and (iii) reservation of a conservation and preservation easement as set forth in the attached Exhibit B and a right of reverter as contained in the attached Exhibit B. 4. Real Estate Taxes and Special Assessments The Subject Property is currently exempt from real property taxation. Accordingly, no real estate property taxes are due and payable on the Subject Property for 2000 or prior years. Any liability for real property taxes against the Subject Property from and after Closing shall be the responsibility of the Park District. Shakopee shall pay at Closing any and all special assessments levied or pending as of the date of the Closing. Any and all liabilities for special assessments against the Subject Property following such Closing shall be the responsibility of the Park District. 5. Title and Documents (a) Documents and Information to be provided. Within 30 days after the acceptance of this Agreement by the parties hereto, Shakopee shall provide the Park District with the following: (i) An abstract of title to the Subject Property, including proper current searches covering bankruptcies, state and federal judgments and liens, and a special assessment search with authorities who levy special assessments against the Subject Property. All searches shall be certified to the date of this Agreement. Park District agrees to accept an Owner's title commitment in the amount of one million dollars in lieu of an abstract of title, provided that, Shakopee shall pay the title commitment fee. Park District shall pay the premium for any title insurance policy (ii) Copies of any environmental audits or assessments of the Subject Property which are in Shakopee's possession. (iii) Copies of certificates, authorizations, permits, licenses and approvals which have been issued covering the Subject Property and are currently in force. (iv) Copies of any written agreements affecting the ownership and use of the Subject Property known to Shakopee. (v) A complete roster of tenants with mailing addresses and phone numbers. (b) Review of Abstract. The Park District shall have 30 days after delivery of the abstract or title insurance commitment within which to object to title. If said objections are not made in writing within such time period and delivered to Shakopee, the Park District shall be deemed to have waived such objections. If the Park District objects to title, Shakopee shall have 30 days from the date of Shakopee's receipt of such written objections to make title marketable or to determine to not make title marketable. The parties may by written agreement extend the period allowed for Shakopee to make title marketable. If title is not made marketable within 30 days, or such additional time period agreed to by the parties, this Agreement shall be null and JJT- 198995v3 2 SH155 -99 void at the option of the Park District and neither party shall have any further obligation under this Agreement. (c) Inspections Document Review. With respect to all of the items required pursuant to paragraph 5(a)(ii) -(b), the Park District shall have 30 days after delivery of the items to the Park District during which to inspect all such items. Further, the Park District may inspect the Subject Property and conduct such other and further inspections or other review as seems necessary by the Park District during such period. If such review and/or inspection by the Park District shall be unsatisfactory to the Park District, the Park District may terminate this Agreement by providing written notice of termination to Shakopee within the time period provided by this paragraph for inspection, and this Agreement shall be null and void and neither party to this Agreement shall have any further obligation to the other. If said period should expire without notice of the Park District's intention to terminate this Agreement, then this Agreement shall be considered in full force and effect and the Park District shall be deemed to have waived any objections based upon such review and inspection. Shakopee hereby grants the Park District and/or its agents the right to enter upon the Subject Property for the purpose of inspection and to prepare topological studies, surveys, soil tests and other engineering studies, and environmental inspection and testing that may be deemed necessary; provided however that the Park District shall pay all costs thereof and shall indemnify and hold Shakopee and the Subject Property harmless from and against any and all costs, damages and liabilities arising from entry upon inspection or testing of the Subject Property, including but not limited to costs, damages and liabilities arising from mechanics, materialmens and other liens filed against the Subject Property in connection with work performed or material furnished by or at the direction of the Park District. 6. Environmental To Shakopee's knowledge, Shakopee's operations are in compliance with all applicable federal, state and local statutes, laws, rules, regulations, ordinances, orders, judicial or administrative decisions of any governmental authority or court of competent jurisdiction in effect and in each case, if applicable, as amended as of the Closing relating to (a) pollution of the environment, (b) a Release, as defined below, or threatened Release of Hazardous Materials, as defined below, or (c) the handling, storage, transport or disposal of Hazardous Materials (collectively, `Environmental Laws ". During the period of Shakopee's ownership of the Subject Property, to the knowledge of Shakopee (a) there has been no Release, as defined below, of any Hazardous Materials, as defined below, on the Subject Property, and (b) there have not been, and Shakopee has not received any notices from any governmental authority of any underground storage tanks on the Subject Property. For purposes of this Agreement, "Release" shall mean, in violation of applicable Environmental Laws, depositing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying, seeping or placing and other similar like actions into or upon any land, water or air, or otherwise entering into the environment, and "Hazardous Materials" shall mean (a) any chemicals, materials or substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous substances," "toxic substances," "pollutant or contaminant" or words of similar import, under applicable Environmental Laws; (b) any petroleum or petroleum products, natural or synthetic gas, radioactive materials, polychlorinate, biphenyls, asbestos in any form that is friable, urea formaldehyde foam insulation or radon, and (c) any other chemical, material or JJT- 198995v3 3 SH155 -99 substance, the handling, storage, transport or disposal of which is prohibited, limited or regulated by any governmental authority under applicable Environmental Laws. Shakopee has disclosed to the Park District all reports and other documents in its possession concerning environmental matters relating to the Subject Property. To Shakopee's knowledge there are no existing claims or causes of action, and there are no pending claims regarding the Subject Property against the Subject Property or Shakopee involving the violation of Environmental Laws, and that Shakopee has no such claims against third parties. Shakopee warrants that it will defend, indemnify and hold the Park District harmless from and against any and all claims brought under Environmental Laws which arise from circumstances or conditions existing prior to conveyance of the Subject Property to Park District. Park District shall defend, indemnify and hold Shakopee harmless from and against any and all claims brought under Environmental Laws which arise from circumstances or conditions created after conveyance of the Subject Property to Park District. 7. Due Authorization Shakopee and the Park District hereby represent to the other that each has requisite power and authority to execute this Agreement and the documents referred to herein and to perform its obligations hereunder and thereunder; and the individuals executing this Agreement and all such other documents that have a legal power, right and actual authority to bind each of the parties hereto to the terms and conditions of the Agreement and all other such documents. Further, each of the parties to this Agreement hereby represents to the other that its execution and performance of this Agreement and all other documents referred to herein shall not violate any applicable statute, ordinance, governmental restriction or regulation, or any prior restriction or agreement. 8. Closing; Contingencies (a) Performance at Closing. Subject to paragraph 5 hereof, the Closing of the transaction contemplated by this Agreement shall take place within 60 days following execution of this Agreement unless extended by the parties. Closing shall occur at 153 East Lake Street, Wayzata, MN. At the Closing Shakopee shall: (i) deliver possession of Subject Property, subject to rights of tenants in possession; deliver an Affidavit of Seller confirming the absence of judgments, mechanic's liens and unrecorded interests against the Subject Property not disclosed herein; deliver any abstracts of title in Shakopee's possession or control to any portions of the Subject Property; (ii) deliver any documents necessary to clear title in accordance with this Agreement, if any, and pay any related recording charges; (iii) deliver the warranty deed and a quit claim bill of sale regarding any personal property located on the Subject Property and pay any related deed tax; (iv) deliver a quit claim bill of sale conveying Shakopee's interest in all personal property and improvements, including historic buildings and artifacts on the Subject Property; JJT- 198995v3 4 SH155 -99 (v) deliver a complete tenant roster with mailing addresses and phone numbers; (vi) deliver copies of notices to tenants of transfer of security deposit; (vii) transfer security deposits together with interest; and (viii) deliver tenant estoppel certificates for each tenant in sworn affidavit form attesting that all rent is current, there is no pre -paid rent, that there are no claims on the part of the tenant against the seller or the property, and adding a copy of the written lease to each affidavit. (b) Contingencies. The parties to this Agreement acknowledge that the Closing is expressly subject to the following contingencies: (i) The Park District shall obtain consent of the City of Shakopee to its acquisition of the Subject Property pursuant to Minn. Stat. § 398.09(b)(1); (ii) The Park District shall obtain all other consents required from governmental or other regulatory authorities; (iii) The Park District shall have the right, at its sole discretion, to terminate this Agreement for environmental reasons pursuant to paragraph 5(c); (iv) The Park District shall have the right, at its sole discretion, to terminate this Agreement for environmental reasons at any time prior to Closing; (v) The Park District shall have reached an agreement with the County of Scott for financial support for operation of Murphy's Landing; (vi) The Park District shall have reached agreement with the Minnesota Valley Restoration Project, Inc., a Minnesota non -profit corporation, conveying its interest in the improvements on the site to the Park District; and (vii) The Park District shall have reached agreement with the Minnesota Valley Restoration Project, Inc., a Minnesota non -profit corporation, conveying its interest in the improvements on the site to the Park District, and (viii) The lease between the City of Shakopee and Minnesota Valley Restoration Project, Inc., d/b /a Murphy's Landing, dated March 1, 1997, shall have been terminated The parties to this Agreement hereby agree that the Closing date shall be extended as reasonably necessary to allow fulfillment of the contingencies, provided that fulfillment thereof is being diligently pursued, provided however that if the Closing does not occur prior to six months following execution of this Agreement, this Agreement shall be null and void. 9. Defaults/Right to Terminate In addition to the other rights to terminate this Agreement granted to each of the parties pursuant to this Agreement, either party may cancel this JJT- 198995v3 5 SH155 -99 Agreement upon 30 days' written notice to the other party at any such time as such other parry is in default of its agreements hereunder and remains in such default for 30 days following the notice of such default. 10. Condemnation In the event of the initiation of proceedings for condemnation (or sale in lieu thereof) on any portion of the Subject Property prior to Closing, the Park District shall have the right to cancel this Agreement, in which case this Agreement shall be deemed null and void and neither of the parties shall have any further obligations. Conversely, the Park District may elect to purchase the Subject Property and close the transaction notwithstanding such proceedings and, if the Park District shall so elect, all awards or payments made for such portion of Subject Property by the condemning authority to which Shakopee is entitled shall be paid to the Park District and the Park District shall proceed to close the transactions herein and pay the full property purchase price to Shakopee. 11. Binding Effect ffect The provisions of this Agreement shall inure to the benefit and shall be binding on representatives, successors and assigns of the parties hereto, provided that neither party hereto shall have the right to assign its rights or obligations hereunder without the prior consent of the other party. 12. Waivers No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision whether or not similar, nor shall any waiver be a continuing waiver. Any party may waive any provision of this Agreement intended for its benefit; provided, however, such waiver shall in no way excuse the other party from the performance of any of its obligations under this Agreement. 13. Time Time is of the essence of this Agreement. 14. Further Documentation Each party agrees in good faith to execute such further or additional documents as may be necessary or appropriate to fully carry out the intent and purpose of this Agreement. 15. Headings and Counterparts The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 16. Notices Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or Shakopee at the addresses set forth below or at such other address as either party may designate in writing. The date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery, or the date notice is sent by express courier or U.S. Mail if otherwise. JJT- 198995v3 6 SH155 -99 If to Shakopee City of Shakopee Attn: Mayor 129 Holmes Street South Shakopee, MN 55379 If to the Park District Suburban Hennepin Regional Park District Attn: Director of Administration 12615 County Road 9 Plymouth, MN 55441 with a copy to Jeffrey R. Brauchle P.A. 153 East Lake Street Wayzata, MN 55391 17. Construction This Agreement shall be construed according to the laws of the State of Minnesota. 18. Complete Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in this Agreement. All prior and contemporaneous agreements, representations and understandings, written or oral, are superseded by and merged into this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless in writing and executed by Shakopee and the Park District. 19. Survival of Covenants All covenants, agreements, representations and warranties contained herein shall survive delivery of the deed from Shakopee to the Park District and be enforceable by the Park District or Shakopee after delivery of the deed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Dated: Dated: JJT- 198995v3 SH155 -99 with copy to James J. Thomson Kennedy & Graven 470 Pillsbury Center Minneapolis, MN 55402 7 Suburban Hennepin Regional Park District, a public corporation and political subdivision of the State of Minnesota in . James Deane, Chair Douglas F. Bryant, Superintendent and Secretary to the Board City of Shakopee, a Minnesota municipal corporation Dated: Dated: This instrument was drafted by: Jeffrey R. Brauchle, P.A. 153 East Lake Street Wayzata, MN 55391 (952) 258 -0415 By Its By Its JJT- 198995v3 SH155 -99 Proposed description of Subject Property All of the property owned by the City of Shakopee currently under lease to Minnesota Valley Restoration Project, Inc., d/b /a/ Murphy's Landing, including land generally located between Memorial Park and the Peavey Grain Terminal, subject to a precise legal description to be prepared after a survey of the property. JJT- 198995v3 SH155 -99 A -1 mss: 10 . I: �77�1DI17 1 9. WHEREAS: 1. The property legally described on Exhibit A to this Quit Claim Deed (hereinafter referred to as the "Property") is primarily woodlands, wetlands, riparian areas, open space, and the site of historical, architectural and cultural aspects of real property (the "Conservation Values "). 2. Grantor intends to retain the right to preserve and protect the Property in perpetuity and to prevent or remedy subsequent activities or uses that are inconsistent with the terms of this instrument; 3. The Conservation Easement (as defined below) will serve the policies of the State of Minnesota that encourage the protection of Minnesota's natural and historic resources, as set forth, in part, in Minn. Stat., Ch. 84C (2000) or successor provisions ( "Chapter 84C "). 4. Grantor is a governmental body empowered to hold an interest in real property under the laws of the State of Minnesota and thus is qualified to serve as holder of this Conservation Easement in accordance with Chapter 84C ( "Holder "). Grantor agrees to assume the obligations of Holder in protecting the natural, scenic and historical, architectural and cultural qualities of the Property in perpetuity according to the terms of this Conservation Easement. NOW, THEREFORE, 1. Reservation of Easement Grantor hereby reserves a perpetual conservation and preservation easement (the "Conservation Easement ") on the Property of the character and to the extent set forth herein and hereby accepts the rights and responsibilities as Holder of the Conservation Easement. This instrument is intended to constitute a conservation easement under Chapter 84C. 2. Grantor's Rights as Holder To preserve and protect the Property pursuant to the terms of this Conservation Easement, Grantor shall have the following rights: A. to enter onto the Property at reasonable times to monitor activities and uses and to enforce the terms of this Conservation Easement, provided that Grantor shall give reasonable prior notice to Grantee of all such entries and shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property; Co �r , RIDE SINCE 1857 129 Holmes Street South e Shakopee. Minnesota - 55379 -1351 a 952 -233 8Q� m FAX 952 -233 -3801 - www.ci.shakopee.mn.us SH155 -99 B. to prevent and remedy all subsequent activities and uses of the Property not consistent with the terms of this Conservation Easement; C. to enforce any of the terms of the Conservation Easement. 3. Planned Uses, Permitted Uses and Prohibited Uses Grantee may use, occupy and operate the entire Property continuously and without interruption for the Planned Uses set forth on Exhibit D hereto and incorporated herein, and shall permanently retain the Property in its predominantly natural and scenic state. Grantee's use of the Property shall be consistent with the Permitted Uses set forth on Exhibit D, and Grantee shall not perform, or knowingly allow others to perform, acts on the Property that constitute Prohibited Uses as set forth on Exhibit D or that would otherwise significantly impair or interfere with the Conservation Values of the Property. Grantor acknowledges that the present use of the Property is consistent with the terms of this Conservation Easement and the Grantee may, subject to the restrictions set forth in Exhibit D, continue to make such use of the Property. 4. Grantor's Approval A. Any requirement that Grantee obtain the prior written approval of Grantor is intended to let Grantor study the proposed use and decide if it is consistent with this Conservation Easement and maintains or enhances the Conservation Values of the Property. Grantee shall submit a request in writing to the Grantor at least 30 days prior to the proposed date of commencement of the use in question. The request shall set out the use for which approval is sought, its design and location, the impact of the proposed use on the Conservation Values of the Property, and other material information in sufficient detail to allow Grantor to make an informed judgment that the proposed use is or is not consistent with this Conservation Easement or would adversely affect the Conservation Values of the Property. Grantor shall notify Grantee in writing of its decision within 30 days of its receipt of Grantee's request. Grantor may withhold its approval only on a reasonable determination that the proposed use would be inconsistent with this Conservation Easement, impair the Conservation Values of the Property, or result in violation of any applicable law or regulation, or that Grantor lacks sufficient detail to reach an informed judgment that the proposed use is or is not consistent with this Conservation Easement. Grantor may condition its approval on Grantee's acceptance of modifications which, in Grantor's judgment, would make the proposed use, as modified, consistent with this Conservation Easement, would protect the Conservation Values of the Property or would be required under applicable law or regulation. B. Where approval of Grantor is required under this Conservation Easement agreement, Grantor's approval or denial of the same shall be rendered on the basis of Grantor's rights and responsibilities as Holder to enforce the Conservation Easement. Satisfaction of zoning, subdivision or other regulations requiring municipal or police power approvals by Grantor shall not entitle Grantee to, or be deemed a waiver of, any approval required hereunder. No approval of Grantor shall be deemed effective unless BLw- 195072v2 SH155 -99 B -2 the written document setting forth such approval specifically provides that "approval is given hereunder in accordance with the Conservation Easement reserved in the Deed dated from the City of Shakopee to Suburban Hennepin Regional Park District ". 5. Public Access No right of access by the public to any portion of the Property is conveyed by this Conservation Easement. 6. Grantee's Rights Grantee shall have all rights accruing from its ownership of the Property including, without limitation, the right to engage in or allow others to engage in all activities or uses of the Property that are not prohibited or limited by this Conservation Easement, the right to regulate access by the public onto the Property in a manner that is consistent with the Planned Uses as set forth on Exhibit D hereto, and the right to sell or transfer all or part of the Property subject to this Conservation Easement. Grantee shall inform all others who exercise any right on the Property by or through Grantee of the terms of this Conservation Easement. Grantee shall incorporate by reference the terms of this Conservation Easement in all deeds or other legal instruments by which Grantee transfers any interest, including a leasehold interest, in all or part of the Property. Grantee shall give 30 days' prior written notification to Grantor or a transfer of all or any part of fee title to the Property. 7. Costs and Liabilities Grantee hereby assumes all obligations and shall bear all costs and liabilities of any kind accruing from Grantee's ownership of the Property, including but not limited to the following responsibilities: A. Grantee shall remain solely responsible for the operations, upkeep, and maintenance of the Property consistent with the Master Plan. Grantee shall keep the Property free of all liens arising out of work performed for, materials furnished to, or obligations incurred by Grantee. B. Grantee shall pay all taxes and assessments lawfully levied against the Property including any taxes or assessments lawfully levied against the interest of Grantor established by this Conservation Easement. Grantor may, but is not obligated to, make any payment of taxes or assessments lawfully levied against the Property or the interest established by this Conservation Easement and shall have a right of reimbursement against Grantee for such amounts. Grantee may exercise any rights provided by law to challenge taxes and assessments levied against the property. C. Grantee shall remain solely responsible for maintaining casualty insurance for the Property. Casualty insurance policies maintained by Grantee covering the Property shall name Grantor as an additional named insured. Grantee shall hold harmless, indemnify, and defend Grantor from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising out of or relating to (i) personal injury, death, or property damage resulting from an act, omission, or condition on or BLW- 195072v2 SH155 -99 B -3 about the Property to the full extent of Grantee's responsibility, (ii) the obligations of Grantee to maintain the Property and pay taxes as set forth in paragraphs 7(A) and (B) above, and (iii) the existence of this Conservation Easement. 8. Enforcement If Grantee has breached, or if Grantor reasonably has reason to believe Grantee may breach, the terms of this Conservation Easement, Grantor may give written notice of the breach to Grantee and demand that Grantee take action to cure the breach, including without limitation restoration of the Property. If Grantee does not cure the breach within 120 days after receipt of such notice, Grantor may commence an action to (i) specifically enforce the terms of this Conservation Easement, (ii) enjoin the breach, ex parte if needed in the event of an emergency, either temporarily or permanently, (iii) recover damages, (iv) pursue any other remedies available to it in law or equity. The foregoing provisions notwithstanding, if Grantor determines in its sole discretion that immediate action is needed to prevent or mitigate significant damage to the Property, Grantor may pursue its remedies under this Paragraph without providing written notice or giving Grantee time to cure the breach. Grantor's enforcement, or lack of enforcement, of the terms of this Conservation Easement shall not be deemed to waive or terminate Grantor's separate Right of Reverter as set forth in Exhibit C to this Quit Claim Deed. 9. Costs of Enforcement If Grantor prevails in an action brought under Paragraph 8 herein, Grantee shall reimburse Grantor for all costs incurred by Grantor in enforcing the terms of this Conservation Easement including without limitation costs of litigation, reasonable attorney's fees, and costs of restoration or cure effected by Grantor. If Grantee prevails, Grantor shall reimburse Grantee for all costs of defense including without limitation costs of litigation and reasonable attorney's fees. 10. Waiver The enforcement of the terms of this Conservation Easement is subject to Grantor's discretion. The delay or failure by Grantor to discover a breach by Grantee or to exercise a right of enforcement as to such breach shall not impair or waive Grantor's rights of enforcement against Grantee for such breach. Grantor's inadvertent or intentional failure to exercise its rights of enforcement in the event of a breach of a term of this Conservation Easement shall not constitute a waiver by Grantor of such terms, any subsequent breach of the same term, any breach of any other terms, or any of Grantor's rights under this Conservation Easement. 11. Acts Beyond Grantee's Control Grantor shall not exercise its rights of enforcement against Grantee for injury or alteration to the Property resulting from causes beyond the reasonable control of Grantee, including without limitation fire, flood, storm, and earth movement, or from any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury or alteration to the Property resulting from such causes. 12. Assignment of Easement Grantor may transfer its rights and obligations in this Conservation Easement only to a qualified conservation organization, as provided in Section 170 of the Internal Revenue Code (Title 26 of the United States Code), which may hold conservation easement as provided in Chapter 84C and only with the consent of Grantee. BLW- 195072v2 SH155 -99 B -4 13. Notices Any notice of other communication that either party must give to the other shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, to the following addresses or such other address as either party shall designate by written notice to the other: GRANTOR: City of City of Shakopee 129 South Holmes Street Shakopee, MN 5537 Attention: City Administrator GRANTEE: Suburban Hennepin Regional Park District 2615 County Road 9 Plymouth, MN 55441 Attention: Director of Administration 14. Governing Law This Conservation Easement shall be governed by the Laws of Minnesota. 15. Amendment Grantor and Grantee may amend this Conservation Easement by a writing signed by Grantor and Grantee, provided that such amendment shall not (i) impair or threaten the Conservation Values of the Property, (ii) affect the perpetual duration of this Conservation Easement, or (iii) affect the qualification of this Conservation Easement under Chapter 84C. 16. Binding Effect The covenants, terms, conditions, and restrictions of this Conservation Easement shall bind and inure to the benefit of Grantor, Grantee, their personal representatives, heirs, successors, assigns, and all others who exercise any right by or through them and shall run in perpetuity with the Property. 17. Notices. Any notices to be provided pursuant to the terms of this Agreement shall be in writing and shall be given by personal delivery or by express courier or by deposit in U.S. Certified Mail, Return Receipt Requested, postage prepaid, addressed to the Park District or Shakopee at the addresses set forth below or at such other address as either party may designate in writing. The date notice is given shall be the date on which the notice is delivered, if notice is given by personal delivery, or the date notice is sent by express courier or U.S. Mail if otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BLw- 195072v2 SH155 -99 B -5 Suburban Hennepin Regional Park District, a public corporation and political subdivision of the State of Minnesota Dated: James Deane, Chair Dated: LO Douglas F. Bryant, Superintendent and Secretary to the Board Dated: Dated: This instrument was drafted by: Jeffrey R. Brauchle, P.A. 153 East Lake Street Wayzata, NIN 55391 (952) 258 -0415 City of Shakopee, a Minnesota municipal corporation By Its By Its BLW- 195072v2 SH155 -99 B-6 IkkAll l am 1 11911 1 1 A. Planned Uses Grantee plans to use the Property to operate a history museum that preserves and interprets 19 century life in the Minnesota River Valley on a portion of the real estate. The Property shall be used solely and exclusively for the improvement, operation and maintenance of a history museum that preserves and interprets 19 century life in the Minnesota River Valley, specifically including but not limited to, the following: (i). Maintaining and preserving such existing structures and artifacts as may be specified in the Master Plan; (ii). Operating the Property in accordance with that certain Master Plan prepared by Grantee and approved in writing by Grantor, as may be amended from time to time with Grantor's prior written consent ( "Master Plan"); provided, however, that if the Master Plan is not in effect, Grantor, at a minimum, shall make the Property accessible to the general public on a regular schedule and shall operate educational programs on the Property for school groups and the general public. (the "Planned Uses ") B. Permitted Uses The Property may be used for any activities, events, or operations, or construction or installation of any structures or other improvements, that are consistent with or promote the Planned Uses ( "Permitted Uses "). Uses approved in Master Plan shall be deemed Permitted Uses. C. Prohibited Uses The following uses of and activities and operations on or affecting the Property shall be prohibited (the "Prohibited Uses "): (i). Activities or events that are inconsistent with the Permitted Uses or interfere with the Planned Uses; (ii). Construction or installation of any facilities, buildings, structures or other improvements on the Property that are inconsistent with the Permitted Uses or interfere with the Planned Uses; BLW- 195128v2 SH155 -99 (iii). Subdivision of the Property for residential, commercial, or industrial development or uses, [or subdivision of the Properly for any other reason without the prior written approval of Grantor]. (iv). Commercial or industrial uses, operations, or improvements; (v). Exploration or extraction of soil, sand, gravel, rock, minerals, hydrocarbons, or any other natural resource without the prior written approval of Grantor; (vi). The granting of rights -of -way, easements, or other property interests in the Property without the prior written approval of Grantor; (vii). Installation of utility systems or extensions of existing utility systems, including, but not limited to, water, sewer, power, fuel and communication lines and related facilities, without the prior written approval of Grantor, which approval may only be given if said utility is needed to serve a Permitted Use or otherwise further a Planned Use; (viii). Disposal or dumping of refuse or other waste; failure to promptly remove from the Property refuse or other waste generated by a Permitted Use; (ix). Uses that cause or are likely to cause soil depravation or erosion or water pollution either on the surface of the Property or underground; (x). Uses that pose risk of injury to the Property or that violate any insurance requirement or zoning, building, health, safety, or environmental law, regulation or ordinance of any federal, state, or local unit of government or agency that has jurisdiction over the Property. BLW- 195128v2 2 SH155 -99 RN 8 111 5 .11 In the event that Grantee fails to use, occupy and operate the entire Property continuously and without interruption for the Planned Uses set forth in Exhibit D to this Quit Claim Deed, and specifically without limitation as required by the Master Plan, for a period of at least 365 consecutive days, then Grantor shall have the right, upon its election and without requirement to give notice to Grantee, to re -enter and take possession of the Property and to revest in the Grantor the interest of the Grantee in the Property. This right of reverter is in addition to Grantor's rights under the Conservation Easement as set forth in Exhibit B hereto, and Grantor's enforcement of, or failure to enforce, the Conservation Easement shall not be deemed to waive or terminate Grantor's right of reverter herein. BLW- 195129vl SH155 -99 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Judith S. Cox, City Clerk Mark McNeill, City Administrator RE: Appointments to Boards and Commissions DATE: February 21, 2002 INTRODUCTION: 3�-y Attached for Council consideration is Resolution No. 5664, which would make appointments to expiring terms on various boards and commissions. After Council has determined the successful candidates by voting, this resolution should be adopted. BACKGROUND: Various terms on boards and commissions will be expiring at the end of February, 2002. On February 5th, City Council made nominations to the boards and commissions, following the publication of the openings and receipt of applications, pursuant to Council policy. On February 20'' an interview panel consisting of Councilor Lehman, City Administrator Mark McNeill and Assistant to the Administrator Tracy Coenen interviewed a total of 9 applicants. The incumbents were given an opportunity to interview as well, but only two did so. Because the Cable Communication Advisory Commission and the Shakopee Community Access Corporation are going to be dissolved and replaced by the Telecommunications Committee, staff is recommending that vacancies on these committees not be filled. After reviewing the qualifications, the committee is making the following recommendations: SPUC — Mark Miller* Police Civil Service Commission — Kim Weckman* Economic Development Advisory Committee (EDAC) — Brian Langdon* and John Mauritz Environmental Advisory Committee — Charley Kubler* Park and Recreation Advisory Board — Kristi Kruger, Bradley Gripentrog, Kathy Gerlach* (One, 1 year, opening remains on the Park and Rec. Board) Transit Commission — Colin Wilkson (Two openings remain on the Transit Commission) Board of Review — no applicants Building Code/Housing Advisory and Appeals — Joe Studnicka ((Two openings remain on the Transit Commission) (The appointment to the EDAC will be on the March 6 E.D.A. agenda.) *Incumbent ADDITIONAL APPLICANTS: Since City Council made nominations on February 5, 2002, three additional applications for Boards and Commissions have been received: Brian Langdon, Kristin Thiel, and Steve Czech. It will be necessary for City Council to nominate Brian Langdon to the Economic Development Advisory Committee. Ms. Thiel has taken a new job and has withdrawn her application for appointment to the Economic Development Advisory Committee. Mr. Czech is not a resident and is not eligible for appointment to the Park and Recreation Advisory Board, unless City Council desires to change its eligibility standards. (Tracy Coenen has checked with numerous communities in the Twin Cities and has been unable to find a community that allows a non - resident to serve on a commission. The only exception to the rule normally applies to commissions such as Economic Development, Port Authorities, and Telecommunication/Cable Commissions. Those commissions sometime allow the appointment of employees from businesses that are in the community.) DETERMINING SUCCESSFUL CANDIDATES: According to Resolution No. 2206, if there is more than one person nominated for an opening, the City Clerk shall distribute paper upon which each Council member shall write his preference for the appointment to the opening and sign their name. Then the Mayor shall open the paper ballots and announce how the votes were cast. If the person receiving the most votes does not have a majority vote of the Council members present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates. After a candidate has received a majority vote on a paper ballot, the Mayor shall announce his or her name and the fact that he or she has a majority vote. All ballots shall be turned over to the City Clerk for proper filing. After it has been determined who the candidates are that have received the majority vote, their names should be inserted into Resolution No. 5664. To expedite the process, in the past City Council members have filled out the ballot ahead of time and given it to the City Clerk just before the meeting. Votes are tallied with the first results presented to Council members when the matter comes up on the agenda. If additional voting is necessary it would take place at that time. Council may wish to follow this procedure to expedite the process. (BALLOT ATTACHED) The current Board of Review is comprised of five members consisting of three or four citizens and one or two council members. This year we have one term expiring and that person has chosen not to reapply. No citizens have applied to serve on the Board of Review. We will continue to accept applications. Currently there are two members on the Board for 2002. (Board of Review is set for Tuesday, May 14 and 28.) (The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the City Council. The Council determines the number of members, the compensation and expenses, and the terms of office. At least one member of the special board must be an appraiser, realtor, or familiar with property valuations in the assessment district. - from the League Handbook) For Your Information! RECOMMENDED ACTION: 1. Nominate Brian Langdon to the Economic Development Advisory Committee 2. Complete 1st ballot and give to City Clerk at the meeting prior to roll call. 3. Conduct additional ballots as needed. 4. Insert the names of the top vote getters into Resolution No. 5664 5. Adopt Resolution No. 5664 ; Jil l i i Purpose And Need For A Policy It is the Council's desire to assure equal and open access to the selection process for all City Council appointed boards and commissions. The Council, therefore, sets up the following recruitment and selection process for members to all Council boards and commissions. , Policy The boards and commissions, except Shakopee Public Utilities Commission, shall be advisory bodies to the City Council charged with the responsibility of researching, reviewing and making recommendations on related issues. It is the policy of the City of Shakopee to obtain the best possible appointments for boards and commissions through a standardized recruitment and selection process. SECTION A. APPO NTS: I. Qualifications and Procedures A All perso making application�to th City Council for a position on a board or commis' n shall be a resident of the Pity of Shakopee, except where the enabling resolutio states otherwise. B. Persons interested in being considered for appointment or reappointment to a City board or commission shall complete an "Application for Council Advisory Board and/or Commissions" form furnished by the City. C. No person shall serve as a regular voting member on more than two boards or commissions. D. When an individual's regular employment may potentially cause a conflict of interest with the normal items of business of a City board or commission, he or she shall divulge such possible conflict in writing prior to the consideration for appointment. Prior to making an appointment, the City Council shall determine whether or not such potential conflict of interest would preclude the appointment of the applicant. C 1 C) § 2.57 C. The Board shall be responsible for submitting an annual and five (5) year capital improvement program, outlining recommended improvements to existing and proposed park lands prior to July 1 of each year. D. The Board shall make recommendations and submit to the Council an annual operating budget and schedule for recreational program fees. Subd. 2. Composition of Commission. T he Park and Recreatio Ad visor y Boa shall consist of seven (7) members appointed by the Council having staggered terms of three (3) years each. Appointment shall be made by resolution naming the Board members and setting the term of office. Vacancies occurring thereafter shall be filled for the unexpired term of the vacant office and shall be by resolution adopted by a majority vote of the Council. The composition of the Board may include c itizen s from the co representing the following interests in the community: A. School. B. Community Organization(s). C. General Public. D. Senior Citizens. E. Neighboring Townships. (Ord. No. 290, June 5, 1990; Ord. 305, February 6, 1991; Ord. 311, June 14, 1991; Ord 323, December 12, 1991; Ord. 340, October 8, 1992) SECTIONS 2.58 - 2.69. Reserved. (The next page is 100.) page revised in 1998 88 RESOLUTION NO. 5664 A RESOLUTION APPOINTING INDIVIDUALS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNEOSTA, that the following appointments are hereby made: 1. is appointed to the Shakopee Public Utilities Commission for a three year term expiring March 31, 2005. 2. is appointed to the Police Civil Service Commission for a three year term expiring February 28, 2005. and are appointed to the Park and Recreation Advisory Board for three year terms expiring February 28, 2005. 4. is appointed to the Environmental Advisory Committee for a three year term expiring February 28, 2005. 5. is appointed to the Building Code Board of Adjustments and Appeals and the Housing Advisory & Appeals Board for a three year term expiring February 28, 2005. 6. is appointed to the Transit Commission for a three year term expiring February 28, 2005. BE IT FURTHER RESOLVED that the City Council reaffirms Resolution No. 5637, adopted December 18, 2001, appointing Larry Meilleur and Steve Clay to the Board of Adjustment and Appeals and to the Planning Commission for four year terms expiring February 28, 2006. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 26 " day of February, 2002. Mayor of the City of Shakopee ATTEST: City Clerk Police Civil Service Commission (Vote for 1) John Mauritz Kimberly Weckman* Economic Development Advisory Committee (Vote for 2) Jim Dorenkamp Brian Langdon* John Mauritz Environmental Advisory Committee (Vote for 1) Jim Dorenkamp Charley Kubler* Colin Wilkinson P* *Incumbent Councilmember � Ll City of Shakopee February 8, 2002 129 Holmes Street South Shakopee Mn. 55379 Dear Shakopee City Council, Please allow me to introduce myself My name is Steve Czech. The reason I am writing this letter is to express interest in applying for an appointment to the Park and Recreation Advisory Board. My wife Diane and I have lived at our current address for over seventeen years. We have two children, Ben, who is a ninth grader at Shakopee Junior High, and Carter, who is in sixth grade at Sunpath. Since moving here (from south Minneapolis) I spent nearly ten years as board member and three term president of the locally based Lake Country Retriever Club.The primary focus of this two hundred fifty member club was and still is hunting dog training and competition. More recently, I have served as a board member of the Shakopee Youth Hockey Association. I served three years there, two of which was spent as vice president of the board. I am interested in serving on the Park and Recreation Advisory Board because I have always been interested in sports and athletics of all kinds. For too many years I sat on the sidelines observing and not getting involved. I was more or less dragged kicking and screaming onto the board of the retriever club, but once there I felt very much at home. What I discovered was the enjoyment (most of the time) of working towards a common goal with a group of people who are interested in the same things as me. I look forward to the same type of experience as a member of the Park and Rec. Board. As stated in the application under qualifications, "you must have an interest in serving your community". I do. The problem I have , that I am hoping you can resolve, is that I live in an area known as Oak View Estates. This is near Pike Lake, east of Shakopee, one half mile north of County Road 16 and Pike Lake Trail. Our home is about seventy -five yards from the Shakopee border line. Our home is in the Shakopee school district. We view ourselves as citizens of Shakopee in every way. All our activities and friends revolve around Shakopee. My mailing address reads Prior Lake but my connection is to Shakopee. Earlier I referred to wording in your application, the entire sentence reads; "You must be a resident of Shakopee, except where non- residency is permitted by council resolution, and more importantly, you must have an interest in serving your community. Shakopee is my co Please call any time if there are any questions I can answer. Home: 445 -3982 Office: 651 -406 -4949 Cell: 612 -270 -1153 Sincerely, Steve Czech ECG+ 19 FEB 1 1 Ku )2 CITY O F SHIN OP E CITY OF SH AKOP EE APPLICATION FOR COUNQV-.�—j',xj',;Vjqn BOARDS 1 COMMI Name: S4 v e- )j P, C Zec.k Address: )3 36 G - , cko r y ly'v e /V.I: , Phone (H) 4 5 a - 'l ys - 3 q 8 O�, (vv) How long have you been a Shakopee Resident? e a r S Occupation: Er► gm ee n Place of Employment: I - R V C k C r q n e . Se U i e. Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate sheet if necessary) a 1��ue a l �vay S been a n a c�,'v2 Par� ,'er'pdhf :n in any Sp on�s , Aso a ve Sery-ec( ©n Severs( boarc/s end enj a� Board or Commission in which you are interested? (If more than one, please indicate order of preference) P2nk and Rec1'ea4 - ;o)1 t94y►'s0111 (3Qar4 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: S , E,C — C ,9yCr lemon Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ Nom. If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone): I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Ste 0 Signature v' f Date RETURN APPLICATION AND PLEDGE. TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, NIN 55379 952- 233 -3800 D E B 1 1 20,`2 Date Received: GITYCFSf1,AIT"P E 2. M 2 rK 1 hem - 255 t' S4. 3�akc -ee / &, a 3g3 3. ,Ed ) o i SeJfe p7`J 5e�'�ersor� Sf. S� ako,2 - ee IMU </o3 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Ste 0 Signature v' f Date RETURN APPLICATION AND PLEDGE. TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, NIN 55379 952- 233 -3800 D E B 1 1 20,`2 Date Received: GITYCFSf1,AIT"P E CITY OF SHAKOPEE BOARDS AND COMMISSIONS VOLUNTEER PARTICIPATION PLEDGE 1. I agree to attend an annual Board/Commission evening orientation held in January once during my first two years on the Board/Commission. YES X _ NO 2. I agree to read the agenda material provided prior to the Board/Commission meetings so that I am prepared to participate in discussion. YES X NO 3. I agree to read and use the attached "How To Aid Discussion By Asking the Right Questions" to enhance my performance as an active Board/Commission member. YES X NO 4. I agree to offer discussion on the pros and cons of the policy /issue being discussed and agree to refrain from personal criticism directed toward citizens, applicants, fellow Board/Commission members and staff. YES NO 5. I acknowledge the City's requirements regarding attendance (Outlined in Section B, Subparagraph I) an d understand that I can be removed from a Board/Commission because of poor attendance. YES X NO 6. I agree to call City Hall to notify the appropriate staff person when I cannot attend a regularly scheduled meeting. YES )( NO 7. I agree to refrain from voting on issues where I have a conflict of interest. YES Applicant Signatur Date 3/01 I. \clerk \jeanette\B &C - application CITY OF SIIAK C OUNCIL 1 � :117 - 1 1 1 1 MV L IM' I.1 "� �1'T LD ED 2L . C 1701 17 � 53 a -a v Name: Address: Phone:(H) %5 How long have you been a Shakopee Resident? F w'0ITT 1 5 Occupation: �5 C Place of Employment: Does your work require you to travel? (Check one) A great deal Very Little –�—CNone Periodically Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate sheet if necessary) -�� Board or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 1 i � Conflict of interest is defined as the participation in any activity, recommended 'action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ No x- . If yes, please provide the details on a separate sheet of paper. Please list three reference (Name, Address, Phone): via S� l ;� NAY►' ✓ 1`S ��S ��� 2. 3. -70 3. I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. r Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, NIN 55379 952- 233 -3800 RECEIVED FE5 2 6 2 CITY OF S�1 Date Received; tk 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Amended Action - Murphy's Landing DATE: February 26, 2002 After further review by the City Attorney, the recommended action relating to Murphy's Landing is as follows: If the Council concurs, it should, by motion, authorize the Minnesota Valley Restoration Project, Inc., dba Murphy's Landing to continue as a tenant until the closing of the sale of the project between the City and Three Rivers Parks and authorizing the he appropriate City officials to execute a limited warranty deed and conservation and preservation easement with Three Rivers Park District for Murphy's Landing. A Mark McNeill City Administrator MM:th Memorandum TO: Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk °' SUBJECT: Major Responsibilities of the Office of the City Clerk DATE: February 21, 2002 Staff consists of City clerk Deputy city clerk 2 part-time receptionists 1 part-time records clerk Major Functions Performed: 1. Records: Keep City records consisting of agenda packets, minutes, resolutions, ordinances, agreements, contracts, policies, and other records. Purge records according to adopted records retention schedule. Also, sign agreements and other documents and distribute as required. 2. Legal Publications: Publish notices in the City's official newspaper as required by law, i.e.: notices of upcoming public hearings, adopted ordinances, advertisements for bids, etc. 3. Recording Documents: Record documents with the Scott County Land Records Office as required: deeds, easements, agreements, resolutions, CUP's, to name a few. 4. Elections: Conduct city elections; and, coordinate polling places and election judges for state elections. 5. Licenses: Administer licenses and renewals where required by the city code. Insure that the required insurance is in order. 6. Development: Prepare developer's agreements using standard form, insure developer has addressed conditions of platting imposed by City Council prior to signing plat, reduce financial guarantees pursuant to developer's agreement and release lots from developer's agreements pursuant to developer's agreements. 7. Customer Service (Receptionist): Answer general questions, receipt moneys, and direct customers to various staff as appropriate. Goals for 2002 include: 1. Participate with Scott County in the acquisition of precinct counters. Scott County has applied for and received a grant from the Secretary of State's Office for precinct counters for all of Scott County. However, the grant funds may not be forthcoming. . 2. Creat two or three additional precincts for Shakopee, depending upon the final redistricting plan that is adopted by the State. 3. Acquisition of electronic imaging for document storage to reduce hard copies of documents. HAcity clerk office Vision Shakopee Downtown - -_ Partnership G. 5, c ' , a 2001/ 2002 Economic c Development Strategic Plan 1 M L NTT 2001/2002 City of Shakopee Economic Development Authority Economic Development Advisory Committee The mission of the Shakopee Economic Development Authority is to enhance the quality of life in Shakopee by expanding and strengthening the local economy; broadening the city's job base and increasing it's revenue base through facilitating the retention, expansion, creation and attraction of quality jobs and businesses, and through appropriate redevelopment activity. 1. Economic Development Vision The City of Shakopee does not have an updated, consensus vision for development of the community, of which economic development is a part. GOAL: Shakopee will have a comprehensive plan, special area studies, and economic development strategic plan that will direct overall development of the City and help guide economic development decisions and activities. OBJECTIVE: To develop a comprehensive plan and special area studies that identify how and where the community is going to develop in the near and long term future; and develop an in- depth, annual strategic plan for economic development that identifies and prioritizes economic development issues, and develops goals, objectives and strategic actions for addressing the issues. STRATEGIC ACTIONS: 1.1 - The EDAC and EDA will participate in developing the comprehensive plan and special area studies, facilitated by Northwest Associated Consultants 1.2 - Formulate economic development goals and objectives 1.3 - Develop strategic actions for economic development 1.4 - Implement the strategic plan 1.5 - Annually review, evaluate and update the strategic plan 2 2. Revitalization / Redevelopment The City of Shakopee needs an ongoing plan and actions for the revitalization and redevelopment of older commercial areas of Shakopee (Downtown, 1 St Avenue Corridor, Riverfront), inclusive of a plan for historic preservation. GOAL: Our community will have a plan that will direct revitalization and redevelopment of the older commercial areas of Shakopee (Downtown, 1" Avenue Corridor, Riverfront), inclusive of a plan for historic preservation. OBJECTIVE: To develop special area studies that identify how and where the community is going to redevelop in the near and long term future. To evaluate property in the older commercial areas on an annual basis, noting the disposition of sites relative to condition for redevelopment i.e. blight condition; inappropriate land use; underutilized land; etc. while maintaining sensitivity to historic resources. To develop and maintain an inventory of potential redevelopment sites and take actions to facilitate redevelopment of the sites by the private sector. STRATEGIC ACTIONS: 2.1 - The EDAC and EDA will participate in developing the special area studies facilitated by Northwest Associated Consultants. 2.2 - Identify areas of blight, underutilized land, and inappropriate land use. 2.3 - Pursue opportunities to assemble property along the Downtown / First Avenue / Riverfront corridor and prepare for redevelopment. 2.4 - Working with local financial institutions, continue the Fagade Loan Program and Downtown Design Guidelines to encourage restoration of downtown's historic core. Works with banks to make FLP interest rate more of an incentive. 2.5 - Continue implementing Small Cities Development Program 2.6 - Conduct a market analysis for the Downtown / l st Avenue corridor. Update regularly. 2.7 - Work with Vision Shakopee Downtown Partnership to create a "Downtown Recruitment Team" that would recruit retailers and other commercial enterprises to locate in the downtown/ 1" Avenue corridor. 3. Historic Preservation Historic preservation has often been portrayed as the alternative to economic development — "either we have historic preservation OR we have economic growth." This is a false choice. Increasingly around the country historic preservation is becoming a uniquely effective tool for economic development. Historic preservation has moved from being an end it itself (save old buildings in order to save old buildings) to being a vehicle of broader ends — center city revitalization, job creation, small business incubation, housing, tourism, and others. • Downtown is a symbol of community economic health, local quality of life, pride, and community history. These are all factors in industrial, commercial and professional recruitment. • A vital downtown retains and creates jobs, which also means a stronger tax base. Long -term revitalization establishes capable businesses that use public services and provide tax revenues for the community. • Downtown is also a good incubator for new small businesses -- the building blocks of a healthy economy. Strip centers and malls are often too expensive for new entrepreneurs. • A vital downtown area reduces sprawl by concentrating retail and services in one area and uses community resources wisely, such as infrastructure, tax dollars and land. • A healthy downtown core protects property values in surrounding residential neighborhoods. • The traditional commercial district is an ideal location for independent businesses, which in turn: • Keep profits in town. Chain businesses send profits out of town. • Supports local families with family -owned businesses • Supports local community projects, such as ball teams and schools • Provide an extremely stable economic foundation, as opposed to a few large businesses and chains with no ties to stay in the community • A revitalized downtown increases the community's options for goods and services: whether for basic staples, like clothing, food and professional services or less traditional functions such as housing and entertainment. Downtown provides an important civic forum, where members of the community can congregate. Parades, special events and celebrations held there reinforce intangible sense of community. Private developments like malls can and do restrict free speech and access. 4 • The Downtown district is a tourist attraction by virtue of the character of buildings, location, selection of unique businesses, and events held there. GOAL: Shakopee will have an overall plan for historic preservation, of which the original / historic commercial area (downtown) is a part. The historic preservation plan will be complementary to the redevelopment plan. Preserving and revitalizing Downtown Shakopee is an important and worthwhile investment in the economic health and quality of life in our community. OBJECTIVE: To develop a plan for historic preservation of the entire community, inclusive of the downtown historic business district, that is reviewed, evaluated and updated annually. The historic preservation plan will be complementary to the redevelopment plan. STRATEGIC ACTIONS: 3.1 - Continue use of Downtown Design Guidelines; update as needed 3.2- Develop and adopt a Heritage Preservation Ordinance 3.3- Create a Heritage Preservation Commission (part of the ordinance) 3.4- Work with the Minnesota Historical Society, State Historic Preservation Office (SHPO) to attain Certified Local Government (CLG) status. CLG status qualifies a local government for state historic preservation grants and technical assistance (In order to become a CLG, a city must adopt a heritage preservation ordinance and create a heritage preservation commission). 3.5 - Conduct a survey of historic resources (finance survey with CLG grant funds) 4. Retention and Expansion of Existing Businesses A business retention and expansion program provides a structured means for a community to assess its business climate and helps to develop programs and policies to promote economic growth. The program promotes job retention and growth by identifying the concerns and barriers to growth facing local existing businesses. Studies show that existing firms create 40 to 80 percent of all new jobs. It is easier to attract new business if it can be demonstrated that existing companies are successful and expanding. Local company owners and representatives become "ambassadors" to prospective new firms. A formal business retention and expansion program is essential to maintaining and growing the existing business /economic base. GOAL: Shakopee will have a formal business retention and expansion (BRE) program to maintain and grow the existing business /economic base. OBJECTIVE: Identify options for an effective business retention and expansion program and initiate program. BRE visits done on an annual basis. STRATEGIC ACTIONS: 5.1 - Consider U of M Extension BRE Program 5.2 - Develop formal existing business survey 5.3 - Develop regular call program as part of BRE strategy 5.4 - Work with Chamber of Commerce on retention initiatives (industry appreciation / recognition; facilitating business training seminars; networking; MN Manufacturer's Week etc.) 5.5 - Create Business Assistance Guide 5.6 - Improve access to technical assistance from community and four -year colleges in the area (on-the-job training, engineering technology, etc.) 5.7 - Co- sponsor business training with the Chamber of Commerce, SCEDC and other organizations. 5.8 - Work with Small Business Development Centers, MN Department of Trade & Economic Development, Service Corps of Retired Executives (SCORE) and other similar groups to make sure that local businesses are getting the maximum possible benefit from their services. 5. Available Industrial & Commercial Land Available commercial and industrial land with sufficient access and utilities is an essential element to economic development. Shakopee's current supply of available commercial and industrial land is in short supply. In order to keep growth of the commercial / industrial property tax base on par with growth of the residential property tax base, the City needs more commercial / industrial land for future development. GOAL: Shakopee will have an ample supply of land zoned for commercial, industrial and office development to keep the growth of the commercial / industrial tax base on pace with residential tax base. OBJECTIVE: Identify likely future parcels for industrial, commercial and office development and annex / zone accordingly. STRATEGIC ACTIONS: 4.1 - Create new comprehensive plan and special area studies, showing likely future parcels for industrial, commercial and office development 4.2 - Continue annexation discussions with Jackson Township; develop and adopt agreement. 6. New Business / Entrepreneurial Development A comprehensive economic development program needs a formal plan that fosters local entrepreneurial activity and start -up of new businesses. Entrepreneurship is central to the functioning of market economies. Entrepreneurs, people who start businesses and make businesses grow, are essential agents of change who accelerate the generation, application and spread of innovative ideas. In doing so, they are primary contributors and mobilizers of resources to develop the local economy. They provide employment to others and themselves, which in turn contributes to a healthy and viable community life. Fostering entrepreneurship requires that impediments to entrepreneurship be lessened and that the conditions be established in which innovation can flourish. Fostering entrepreneurship also involves creating and implementing programs that augment the supply of information, encourage networking, facilitate the provision of finance, and seek to create positive attitudes towards entrepreneurial activity. GOAL: Shakopee will have a program that fosters entrepreneurial activity and development of new businesses. OBJECTIVE: To develop a formal plan of action to encourage entrepreneurial activity and new business development. STRATEGIC ACTIONS: 6.1 - Improve communication and networking among entrepreneurs, government, financing sources, and others involved in new business development. 6.2 - Provide technical assistance, including market evaluation and business planning, to new businesses and those considering establishing a business (work with SBDC, SCORE) 6.3 - Assist new businesses and entrepreneurs to find financing 6.4 - Survey local businesses to find out what supplies, component parts, or services they now buy from outside the area but would prefer to buy locally. 6.5- Provide reasonably priced physical space and support services to new businesses. Work with other Scott County communities through Scott County ED Coalition to initiate an entrepreneurial / new business development program; through information provided by National Business Incubation Association, study feasibility of creating an (Scott County) area business incubator; pool resources with other communities to develop. 7. Business Attraction / Recruitment The primary goal of an attraction effort in an economic development program is to influence business site selection decisions through developing and implementing marketing techniques. This is vital to attracting new investment and employment from outside the area. More importantly, due to scarce resources, marketing efforts should be targeted to the types of industries and businesses for which Shakopee's assets are major location factors. In order to realize optimum investment by firms from outside the community, Shakopee needs a more proactive business attraction program. GOAL: Shakopee has a business attraction element within its economic development program that focuses marketing efforts on targeted industries / businesses that best fit the community, attracting commercial and industrial enterprises that contribute to the city °s tax base and provide jobs appropriate for the community. OBJECTIVE: Develop, implement and manage a comprehensive and coordinated economic development marketing program, targeting industries / businesses that best fit Shakopee. STRATEGIES /ACTION STEPS 7.1 - Improve communication and networking among entrepreneurs, government, financing sources, and others involved in new business development. 7.2- Create a targeted marketing plan, inclusive of positioning the community to respond to the product and information needs of the potential investor (preparing); communicating the product's capabilities to targeted potential investors (prospecting); and facilitating the decision - making activities of those investors who have expressed an interest in the product (prospect handling). 7.3 - Identify specific industry sectors / business targets 7.4 - Implement marketing program 7.5 - Evaluate marketing program 8. Economic ]Development Financing A comprehensive economic development program includes a broad array of economic development finance tools /programs. As local economic development finance tools, Shakopee has used local property tax -based financing mechanisms such as tax increment financing and tax abatement. Also available are the financing programs through sources such as Small Business Administration, and various state (DTED) and federal programs (CDBG). Shakopee lacks local non - property tax based financing mechanisms for economic development such as a revolving loan fund. GOAL: Shakopee will have a variety of economic development financing tools for retention and expansion of existing businesses, new business development, and attraction / recruitment of businesses from outside the community, including a local revolving loan fund. OBJECTIVE: Develop a variety of financial incentives to leverage the expansion and attraction of targeted enterprises to strengthen and diversify the local economy, including creating a local revolving loan fund for economic development. STRATEGIES /ACTION STEPS 8.1 - Identify existing financing / programs 8.2 - Research various revolving loan funds from other economic development organizations 8.3 - Research utility -based economic development financing programs from other communities 8.4 - Review other community fagade / building improvement loan programs; meet with banks to make Facade Loan Program more of an incentive (interest rate) � C EC ONOMIC DEVELOPMENT REPO 2 February Note: Companies / clients named in this report may be requesting confidentiality. Economic Development StratelZic Plan Areas of focus: ED vision; Redevelopment - Revitalization; Historic Preservation; Business Retention & Expansion; Available Industrial/Commercial Sites; New Business/Entrepreneurial Development; Business Attraction/Recruitment; and Economic Development Financing. EDA and City Council adopted ED strategic plan October 2001. Downtown Office Expansion (1 Ave E. and Fuller St.) No change from last fall. EDAC recommended that CC/EDA initiate redevelopment (acquisition; site preparation) through negotiated purchase. Before recommendation was passed on by EDAC, CC/EDA directed EDAC and staff to develop a "redevelopment vision or plan" for the Downtown/l Ave corridor before any consideration of City participation in downtown / lst Ave. redevelopment projects. Special Area Studies and new Comprehensive Plan are being done by Community Development Department through consultant Northwest Associated Consultants (NAC) (see next item). Downtown / 1" Avenue Corridor Redevelopment Plan City Council approved contract with Northwest Associated Consultants to move ahead on developing comprehensive plan and special area studies (special area studies to address downtown / 1 Avenue corridor redevelopment). NAC has initiated project and held issue identification meetings with EDAC, Vision Shakopee Downtown Partnership. Next step is meeting with Planning Commission March 7 Huber Park Master Plan Master Plan created by Brauer & Associates with input from city staff, Vision Shakopee Downtown Partnership Riverfront Committee, and neighbors, with funding from EDA. Plan approved by Park Board and City Council. SPUC approved funding in 2002 CIP to eliminate / bury utility lines. Natural Resources Director Mark McQuillan attaining specifications for grading / earthwork; storm sewer repair work needs to be done; will look into feasibility of doing master plan grading in conjunction with this. Rotary committed $50,000 toward the outdoor performance venue portion of park. Vision Shakopee Downtown Partnership Board - Researching creation of Special Service District to fund organization activities (see below). Economic Restructuring Committee - The Economic Restructuring Committee works to develop a comprehensive strategy that will result in an improved commercial mix, a stronger tax base, increased investor confidence and a stable role for Downtown Shakopee as a major contributor to the community's economy. Economic Feb02Activity Report.doc /02u Restructuring involves strengthening the downtown's existing economic base while gradually expanding it through addressing two major areas of economic impact - commercial development and real estate development. Campbell building renovation; State Farm Insurance moved to River City Centre; Wedding Station, and poosibly computer service business, to move to Campbell building. Red Owl / Supervalu store on 1 St Ave. is currently used as warehouse space by Fonder Carpet. Riverfront Development Committee - See info on Huber Park Master Plan o Design Committee — Will initiate streetscape improvements; flower baskets hanging from traditional street light posts, and downtown entry monument signs. Initial work is to research what other downtowns (Red Wing, Hutchinson, Excelsior, Chaska, etc.) are doing/have done including initial and continuous funding / maintenance, etc. After research, committee to make recommendation to board. Benches being refurbished by Public Works Dept. Special Service District — Downtown / 1St Ave Corridor A Special Service District is a state legislated program that allows commercial centers or districts, such as downtown Shakopee, to assess themselves for the purpose of raising funds for use in promotion, marketing, management, physical improvements and economic development. Funds are collected by the municipality and returned for use by the downtown improvement organization. Utilizing these funds, the Vision Shakopee would guide and direct the ongoing physical improvement and economic growth of Downtown Shakopee. VS Board will pursue this in 2002. Next steps are to: • Go before the City Council to present a proposal to establish an SSD and ask if they would consider a petition and agree to impose a service fee if that petition contained the required number of signatures, essentially getting their "okay" before going through the effort of getting support/signatures. ® Hold informational meetings for property owners in the proposed district. Vision Shakopee needs to be fairly certain that it has the support of owners of more than 65% of the land area and owners of more than 65% of the net tax capacity in the proposed district. The statute requirement for the support petition is 25 %. The reason for the "more than 65 %" threshold is so the proposed assessment can stand up to a veto challenge (if owners of 35% of the land area, or [not "and "] owners of 35% of the net tax capacity file an objection to the ordinance establishing the assessment, the ordinance does not become effective - - it is vetoed). Not enough work has been done on the part of the subcommittee and Board to get this necessary "unanimous" support. If the ordinance were not to go into effect due to a veto, it is highly unlikely the City Council would consider this again anytime soon. • Further define the services that the assessment will provide. FebMctivity Report.doc /02u 2 ® The term of the assessment needs to be determined • The amount of assessment needs to be determined for each year. Facade Loan Program ® 138 Lewis St. S. — Fagade work will start Spring '02. Scope of work and elevation drawings completed by Claybaugh Architecture. Working on Facade Loan Program (FLP) and SCDP applications; to VS Design Review Committee and Carver Conty HRA for review. 105 Lewis St. S. — Initial meeting to discuss program. Provided program guidelines and Downtown Design Guidelines. First applying for SCDP program, then will consider FLP. 126 Lewis St. S. — No change since last report. Considering fagade restoration. Used Small Cities Development Program for new roof, air conditioning and other energy improvements. Small Cities Development Program DTED approved extension of grant period through September 2002 and is approved request to expand residential target area. Brochures and letters were sent to all the property owners in the commercial portion of the program. Carver HRA has received inquiries based on this. City and HRA staff are following up with these property owners. Additional, repeated contact will be made to all commercial property owners that have not expressed an immediate interest. Marketing of this program will be done monthly in both the commercial and residential areas. In addition, some commercial property owners have had the understanding that fagade improvements on buildings in standard condition do not qualify. DTED confirmed otherwise, that fagade improvements are an eligible improvement on buildings in standard condition as long as any code violations (if there are any) are also addressed. If there are no code violations, fagade restoration is an eligible improvement along with other improvements such as energy efficiency, ADA improvements, or generally making the building less "obsolescent ". This clarified information should result in greater use of the program by commercial property owners. Downtown Condominium Redevelopment No change since last report. Project would be riverfront condominiums and would encompass property located between Minnesota River, 1 St Avenue, Scott St. and Pierce St. Most of undeveloped property (w /o structures) has been acquired; developer is currently approaching / negotiating with owners of developed property. Project may necessitate assistance in acquisition of developed property. Developer has been informed of CC/EDA's desire to have Downtown / 1st Ave redevelopment plan before any consideration of City participation in redevelopment projects. This is being addressed by the special area studies currently underway. Feb02Activity Report.doc /02u CertainTeed Expansion • Per City Council/EDA meetings of February 5 th , public hearings for tax abatement and Minnesota Investment Fund scheduled for March 6 6 -Year abatement. City: $29,225/yr; total 175,350. County: $32,625/yr; total 195,750. City & County total: $371,100 • CertainTeed and EDA staff currently completing Part H Minnesota Investment Fund Application. • Expansion involving laminating equipment that will produce new laminated shingles. • Expansion costs estimated at $34,700,000. • Addition of approximately 44 new jobs in wage range of $17 - $22 /hour. • Based on the number of new jobs to be created and pay level, the project would qualify for $440,000. MIF is a grant to the City and a loan to the company. The first $100,000 would be paid back to the City for the purpose of establishing an Economic Development revolving loan fund. Revolving Loan Fund Gathering information on various RLF programs. Potential funding source through Minnesota Investment Fund from DTED (for the CertainTeed expansion). Feb02Activity Report.doc /02u 4 Natural Resources & p ar k pi anninL SHAKOPEE w ,,„ .„..,.,„ , _,,...... _ 2002 . , , .... •,... ,, ./. 0 ' .1 - 4111, ' ill . ‘, liO* , -„,,,,,: ' .. •- -''' _. 'f-' _ - - : „,g,...4 0- `- ",.' : ,' :.:- ' - -.. ' _ ' - - ‘7 , -.. , ,• ; , * - ' '..t 4 , , ......... ;Tiro-, 0 4 1 .1 41 •••°' psr-r-- , — --- -- ' 1 -,,, , :, l' :'- , , 1 - , „ ,,, - -.. or- - ,.. ...** • , / 1 4 ' ,,,'" -, ) •:**!? , le .4,?"1r %N.. .,., '-' ' , -, -- ' ' - 4 ' # •F ! k f t. i 16 2/23/02 Natural Resources & Parks 1 HISTORICAL BACKGROUND 2000 the City Council created the position Director of Natural Resources Respond to community concerns with the loss of natural resources in the City Develop a new management strategy and tools to protect the environment from rapid, and sometimes, onerous growth patterns 2/23/02 Natural Resources & Parks 2 HISTORICAL BACKGROUND 2001 Council created Environmental Advisory Committee (EAC) Purpose to advise City Council on environmental issues and recommend policies for: Urban forestry Water resources Native Plants Greenways � Public Awareness Programs DED & Oak Wilt Programs Conservation development 2/23/02 Natural Resources & Parks 3 HISTORICAL BACKGROUND 1990 City Council created Parks & Recreation Advisory Board Purpose to advise City Council on parks, trails, open spaces and recreation programs Fees Rentals Programs & Activities Park Dedication Budget 2/23/02 Natural Resources & Parks 4 ij PARKS TRAILS & OPEN SPACES RAB 2002 Park Project Goals ✓ Tahpah Park Parking Lot ✓ Hiawatha Park Play Equipment -7 Huber Park Performance Area — 2002/2003 w Huber Park Boat Landing North of MN River — 2002/2003 ✓ Tree Trust Project — either in O'Dowd Lake Park or Trail ✓ Soccer Fields by Sun Path School — Privatization ? ✓ Short Trail Connections in Southbridge — Pending Grant ✓ Southbridge Community Park — Play equipment, Utilities, Turf Small Park Improvement Projects — City Council Initiatives 2/23/02 Natural Resources & Parks 5 k NATURAL RESOURCES . , J hu. P. ' ' 1 .-...,' l i .' ' I LC;e111 ____ ___-__. - , / 2 iii-:-...titk . qic 4 EAC 2002 Goals 11 - --ate a: '. 'I4 � }. -�- - 4 * A16. d.; Tree Preservation Ordinance Identify Greenways Corridors & Create Public Awareness Identify Environmental & Ecological Issues to Form a Basis of a Public Education - Relations Program (i.e. native plants & control burns, use of phosphates in fertilizers, turf care, buck thorn, DED, Oak Wilt) To Work with Staff on Identifying Personnel Needs in the Areas of Environmental and Park Programs 2/23/02 Natural Resources & Parks 6 MISCELLANEOUS PROJECTS v Urban Tree Inventory Management Program Natural Resources and Woodland Tree Inventories New City Parks & Trails Map Grant Applications — Huber Park & Dean Lake Trail v Landscaping Memorial Park's War Memorial Flag Monument Update DED & Oak Wilt Procedures Compliance t ocedures for Com p p 2/23/02 Natural Resources & Parks 7 r' City of Shakopee Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Assistant to the City Administrator SUBJECT: Telecommunications MEETING DATE: February 25, 2002 Telecommunications is a relatively new term for the City of Shakopee. Until last week, it was only known in practice, not as a full city commission. Telecommunications consists of five main areas 1) HomeTown Messenger (City Newsletter) 2) Media print and television 3) Web site ( www.ci.shakopee.mn.us) 4) Cable 5) General Telecommunications (I -Net). HomeTown Messenger HomeTown Messenger is the City quarterly newsletter that is inserted in the Mint (local shopper), it covers major topics in the City such as important ordinances to know, contact information, and recent City developments. Media In an effort to inform residents of weekly City issues, the City has worked cooperatively with Southwest Publishing (Shakopee Valley News) to publish a FREE weekly (Saturday) column called Shakopee Updates (attached) in the Mint. City Administrator, Mark McNeill, and I work together to properly inform media sources like the Shakopee Valley News, Star Tribune, and any television requests in hopes that the correct information is "published." Web Site Shakopee's web site, www.ci.shakopee.mn.us is updated at least weekly to provide residents with an electric media to receive City information and contact City elected and appointed officials. It is the goal of City staff to develop a new user - friendly web site with a new look and access to printing off (downloading) items like permits and licenses. Cable I serve as the "cable administrator," assisting the Telecommunications Commission and City Council on cable related issues like franchise agreements /renewals, cable customer complaints and working with our cable company Time Warner /AOL. Government Cable Channel 16 broadcasts City Council, Planning Commission, SPUC, and Telecommunication Commission meetings and is updated weekly with new City announcements when City meetings are not being shown. In addition, I work with PRF Productions (Paul Ryan) and other consultants to help provide cable services like public access television and broadcasting of City meetings. The PFR Productions contact expires May 1, 2002, so it is the goal of the Telecommunications Commission to review the current contract and evaluate the cable and public access needs of Shakopee. PFR Productions operates the Public Access Studio, at the Community Center, where community members can check out cameras, edit film footage, and learn about video production. PFR Production also hires and oversees any employees needed to run the Public Access Studio or tape City meetings. Cable Channel 15 shows public broadcasts like hockey games or environmental journal. General Telecommunications I -Net is being built to help assist the community in long -term telecommunication goals. The I -Net is a joint partnership between the City, Shakopee District and the County, to staff s knowledge; this is the only such I -Net in Minnesota, if not the country. The I -Net will connect City, School and County buildings. With a new Telecommunication Commission the charge of the Commission has been established, but it is my goal to begin strategic planning to develop goals and objects for the new Commission. 2 NY l , loll R ' *' II Changein City council Meeting The normally. March 5, City Council meeting will be held on WEDNESDAY, MARCH 6, at 7:00 pm, due to the precinct caucus. If you have any ques- tions, please call City Hall at 952- 233 -3800. The precinct caucus will be held the evening of March 5 at the Shakopee Senior High. Garbage Collection in the Alleys City Council will be holding an informational hearing on Wednesday, March 6, at 7:00 pm at the City Council Chambers, 129 S. Holmes Street, to gather input from residents on garbage pickup in alleys. The City Council is currently reviewing the issues of safety and cost in relation to contin- ued garbage collection in the alleys, rather than on the street curbside collection. Please call City Hall; 952- 233- 3800,'if you have' any questions about the information hearing. Recycle your old phone book QwestDex, Dick's Sanitation and the City would like to offer you the opportunity to recycle your old phone book in your curbside recycling from Feb. 13 -April 19. Simply place your old phone book in your Dick's recycling bin on your sched= uled pickup day. Any questions, please_ call Dick's Sanitation at 952 - 469-2239• Board and Commission Openings The City is currently accepting applications for expiring terms on Boards and Commissions. Ap- plications will be taken unitl positions are filled at City Hall, 129 South Holmes. Cal[ 952-235-3800 for details. Openings in the following committees. NEW - Telecommunications Commission Park and Recreation Advisory Board - Housing Advisory and Appeals Board Building Code Board of Adjustment and Appeals - Board of Review Economic Development Advisory Committee - - Transit Commission Visit the City's web site at wwwdshakopee.mn.us City of Shakopee, Minnesota Mi- t 2 r Page 1 of 3 129 South Hohues Street Shakopee, MN 55379 The City of Shakopee is located in the southwest corner of the Minneapolis -St. Paul metropolitan area, 23 miles from Minneapolis. The City has approximately 29 square miles within its corporate limits. Residents of Shakopee enjoy both the atmosphere of a small town and the resources of a metropolitan area. The City has its own downtown central business district, regional medical center, and business park. In addition, Shakopee's location within the metro area offers numerous opportunities for higher education, employment and recreation, well as nationally renowned cultural, entertainment and sporting events. Shakopee is a major regional entertainment center. Area attractions include: ValleyFair, Mystic Lake Casino, Dakota Country Casino, Canterbury Park, Murphy's Landing, the Renaissance Festival and Raceway Park. Shakopee attracts over 4 million tourists annually. Alley Notice - Time to Place Your Garbage Cans Curbside Attention all Shakopee Residents who place their trash and recycling materials in the alley: effective February 25th, 2002 MN D.O.T. road restrictions will be enforced. Please place all items IN FRONT of your home (curbside) on collection day. This restriction will be enforce throughout the Spring thaw. Please look for a notice in the Shakopee Valley News and City information sources when the road restrictions will be lifted. Thank you again for your cooperation in this matter. If you need assistance with this process or have any questions, please contact Dick's Sanitation at 952 -469- 2239. Board and Commission Openings The City is currently accepting applications for expiring terms on Boards and Commissions Applications can be obtained at City Hall. Position will remain open, until filled. Call 952- 233 -3800 for more details. Openings in the following committees: NEW — Telecommunications Commission Park and Recreation Advisory Board Housing Advisory and Appeals Board Building Code Board of Adjustment and Appeals Board of Review Transit Commission NEW TELECOMMUNICATIONS ADVISORY COMMISSION A new Telecommunications Advisory Commission has been created by the City to replace the existing Cable Commission and Cable Access Corporation. The new Telecommunications Commission will have the charge to oversee the cable franchise and public and government access television, develop new citywide http: / /www.ci.shakopee.=.us/ 02/26/2002 Shakopee Mayor and City Council Page 1 of 2 The Mayor is the chief executive officer of the City and presides at meetings of the City Council. The Mayor is a voting member of the Council, with no power of veto. The function of the City Council is to set policies that govern the City. The Council has the authority to adopt ordinances and direct their enforcement, appoint administrative personnel, and manage City financial operations. The Mayor is elected to serve a two -year term and receives an annual salary of $6,756. The four City Council Members are elected for four -year staggered terms. A Council member's annual salary is $5,628. Both the Mayor and the City Council Members are elected at large, on a nonpartisan basis. In addition to regular Council meetings, Council Members serve on numerous boards and commissions sponsored by various other governmental agencies. The City Council meets regularly on the first and third Tuesdays of each month at 7:00 p.m., with special sessions scheduled when necessary. Meetings are held in the Council Chambers at City Hall, 129 South Holmes Street. Minutes are published in the Shakopee Valley News 1 M, M 1 William Mars 1279 Cider Circle Shakopee, MN 55379 Home Phone: 952 - 445 -4228 Work Phone: 612- 359 -8687 Robert Sweeney 506 S. Holmes Street Shakopee, MN 55379 Home Phone: 952 - 445 -2493 Terry Joos 886 Carriage Circle Shakopee, MN 55379 Home Phone: 952 - 445 -2011 Term Expires: December 2003 *Liaison to Association of Metropolitan Municipalities. Term Expires: December 2005 *Liaison to SPUC, County Board of Commissioners, and EDA President. Term Expires: December 2005 *Liaison to I.S.D. 720 School Board, Shakopee Convention and Visitors Bureau, and Shakopee Chamber of Commerce Board of Directors. http:// www .ei.shakopee.=.us /council.htm 02/26/2002 Shakopee Mayor and City Council Work Phone: 952 - 828 -7344 Cletus Link 1305 S. Jefferson Street Shakopee, MN 55379 Home Phone: 952 - 445 -2277 Work Phone: 952 - 445 -3240 Matt Lehman 815 East 8th Avenue Shakopee, MN 55379 Home Phone: 952 - 496 -2069 http://www.ci.shakopee.nm.us/council.htm Page 2 of 2 Term Expires: December 2003 *Liaison to Murphy's Landing Board of Directors Term Expires: December 2003 *Liaison to Vision Shakopee, Parks and Recreation Advisory Board, and EDA Vice President. 02/26/2002 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 26 February, 2002 Subject: Parks and Recreation Department Overview a � I am writing to provide you with a brief overview of the Parks and Recreation Department, to introduce department staff, and to review key issues for 2002. Structure The Department consists of the following divisions: 1. Administration 4. Ice Arena 2. Recreation Programs 5. Community Center 3. Aquatics 6. Parks and Park Facilities RM Name Primary Responsibilities Tammy Abrahamson ® Programs: Pre - School, Youth, Teen, Seniors, Recreation Supervisor Special Events, Summer ® Ice Arena Scheduling ■ Warming House Staffin Josh Barrick ® Ice Arena Operations and Staffing Ice Arena Maintenance Operator Sherry Dvorak ® Programs: Gymnastics, Summer Playground, Recreation Supervisor Youth Sports ® Adult and Youth Sports Association Liaison ■ Community Center Building Staff Travis Karlen ® Aquatic Park Operations and Staffing Recreation Supervisor ■ Aquatic Programs and Open Swim ■ After - School Programs Mike Liesenfeld ® Community Center, Aquatic Park, and Select Park Facility Maintenance Technician Facility Maintenance Barb Potthier ■ Reception /Customer Service Customer Service Representative ® Program Registration Coordination ® Membership Coordination Judy Techam . Administrative Support Park and Recreation Secretary . Facility Scheduling ■ Customer Service Key Issues /Projects For 2002 1. Administration • Review /revise the non - resident and township resident fee policy. • Review /revise the financial assistance program. • Solicit proposals for new Community Center and Aquatic Park vending contracts that expire in June. It Work with Public Works and School District representatives to renew the Joint Powers Agreement covering facility use. 2. Recreation Programs • Continue new program development. • Finalize agreements with sports associations clarifying the City's relationship. • Coordinate the Senior Citizen Club's move from Citizens Bank to the Youth Building. ■ Continue cooperative efforts with Community Education to address diversity and cultural issues. 3. Aquatics • Work with new Aquatic Supervisor to become familiar with operation of the Aquatic Park. • Review and update Bloodborne Pathogen Training program. • Continue to work on developing the Learn -To -Swim program. • Develop Aquatic Park special events. • Evaluate providing concession services. • Explore cooperative lifeguard training programs with Valley Fair. 4. Ice Arena • Continue efforts to market/sell /use unsold ice. • Implement the skate rental program. • Monitor Youth Hockey Association's concession and arena advertising efforts. ■ 5. Community Center ■ Coordinate installation of a water treatment system. ■ Work with City Administration Department staff to plan for and relocate the Library to the Multi- Purpose room. ■ Complete installation of the security system that was approved by Council in 2001. ■ Develop a comprehensive preventative maintenance program and replacement schedule for the facility. ■ Implement the computerized membership management module of our Recreation software. 6. Parks and Park Facilities ■ Revive park and trail clean -up day in conjunction with City's annual clean -up, April 27. • Revive the Adopt -A -Park program and begin proactive Adopt -A -Park efforts. • Evaluate the operation of the Tahpah Park Softball Concessions, including providing the service in -house or soliciting proposals for contracted service. ■ Review /Revise the park ordinance. ■ Finalize the park area Special Permit Program. Administration 2001 Maior Accomplishments • Worked with Finance Department to implement payment by credit cards. • Coordinated the 2001 Shakopee Showcase. • Assembled MSDS books for divisions. • Acquired department vehicle and developed night -time parking location and procedure in the Arena. • Worked with sports associations to review and clarify their relationship with the City. 2002 Goals ■ Review /revise the current background check procedures for staff responsible for working with children. ■ Review /revise the non - resident and township resident fee policy. ■ Review /revise the financial assistance program. ■ Coordinate the 2002 Shakopee Showcase (April 23). ■ Review /revise cash handling procedures and reporting. • Work with City staff on updates to the web site. • Solicit proposals for new Community Center and Aquatic Park vending contracts that expire in June. • Finalize agreements with sports associations clarifying the City's relationship. • Work with Public Works and School District representatives to renew the Joint Powers Agreement covering facility use. • Develop a promotional program theme. Recreation Programs 2001 Maior Accomplishments • Implemented after - school activity program using school facilities. • Expanded summer sports programs to include evening activities. • Expanded Senior Citizen opportunities, including social /networking within the community and additional trips. • Assisted South Suburban Soccer Association in resurrecting the fall recreational soccer program for ages 10 and up. • Entered into a partnership with Community Education to provide services through the 21 Century Grant, initially focusing on after - school activities for Jr. High students. • Revised registration procedures to more accurately process registrations. 2002 Goals • Review program supervisor assignments and responsibilities. Adjust where needed. • Evaluate joint YMCA/Community Education /Parks and Recreation summer program. ■ Continue work on developing after - school programs. ■ Conduct a USSSA/ASA sanctioning analysis, possibly considering dual sanctioning. ■ Continue work on developing teen- programs. ■ Continue cooperative efforts with Community Education to address diversity and cultural issues. ■ Coordinate the Senior Citizen Club's move from Citizens Bank to the Youth Building. Aquatics 2001 Accomplishments • Conducted two recruitment processes for a Recreation Supervisor to oversee the aquatic program. • Assumed the school -year aquatic program from Community Education in order to provide a greater level of continuity for participants. • Finalized the renovation project for the Aquatic Park. • Coordinated the repair of the failed gel -coat waterslide surface. 2002 Goals /Issues • Work with new Aquatic Supervisor to become familiar with operation of the Aquatic Park. • Review and update Bloodborne Pathogen Training program. • Continue to work on developing the Learn -To -Swim program. • Develop Aquatic Park special events. • Install a PA system for the Aquatic Park. • Work with Public Works to design and construct two additional guard chairs. • Revise the Jr. Lifeguard and Water Safety Aid programs. • Evaluate providing concession services. • Explore cooperative lifeguard training programs with Valley Fair. Ice Arena 2001 Accomplishments • Conducted a recruitment process for a replacement Ice Arena Operator. • Coordinated the design and replacement of the cooling tower. • Replaced the failed refrigeration system de- superheater. • Purchased and installed backer boards in the arena, improving appearance and reducing maintenance costs. • Switched from a process of annually painting ice to permanently painting the floor. • Repainted significant portions of the arena. • Implemented the use of the existing skate sharpening machine. 2002 Goals /Issues • Rebuild the players boxes. • Implement the skate rental program. ■ Install additional swing door on arena. ■ Monitor Youth Hockey Association's concession and arena advertising efforts. • Continue efforts to market/sell /use unsold ice. Community Center 2001 Accomplishments • Implemented a non - resident fee policy. • Revised the facility use policies and developed a zero - tolerance behavior policy. • Restructured building staff to provide a greater level of customer service. • Participated in the selection process for City -wide cleaning services. • Worked with Public Works and a private contractor to resolve the water infiltration issues and repair the damage to the gymnasium floor. • Researched and purchased a personnel lift for servicing components in the Community Center and Ice Arena. 2002 Goals /Issues • Coordinate installation of a water treatment system. • Research and purchase a floor scrubber and carpet cleaning machine. • Work with City Administration Department staff to plan for and relocate the Library to the Multi- Purpose room. • Complete installation of the security system that was approved by Council in 2001. • Develop a comprehensive preventative maintenance program and replacement schedule for the facility. • Implement the computerized membership management module of our Recreation software. • Develop a newsletter for members and guests. • Construct dumpster and mechanical unit enclosures to bring us in compliance with City code. • Repaint sections of the facility, including the gymnasium and hallways. • Develop age and residency verification policies. • Revise the indoor signage to eliminate paper /laminated signs. Parks and Park Facilities 2001 Accomplishments • Participated in the redesign of the Youth Building. • Developed a park special use permit program. • Managed the design and construction of the Shakopee Skate Park. 2002 Goals • Revive park and trail clean -up day in conjunction with City's annual clean -up, April 27. • Revive the Adopt -A -Park program and begin proactive Adopt -A -Park efforts. • Evaluate the operation of the Tahpah Park Softball Concessions, including providing the service in -house or soliciting proposals for contracted service. • Review /Revise the park ordinance. • Finalize the park area Special Permit Program. • Develop a key inventory and sign out process. ,6 L. -, rl 70 M m ƒ� % co co 70 m r (D "0 EZ m C rT _0 C C) C/D C I m ::;o � Z7' m cn 5p C/> � / I 0, it 1 � / I 0, k c CD k 3 CD 2 / k . � « J \ ,7, m Q C CD � � ? ƒ k ¢ ) 3 7? o_ C g � f k k \� � P I n a 7-r 2 ? j 2 .. \ \ \ k 0 9 � q § o CD y 20 2 a E c 0 ƒ 2 8 R 3 a m E a - 7 C m � c 0 _R § ƒ G k n m ¢ ' \ n c & & . » n e 2 Cr ? (Cl CD g / A 2 + c § ¢ S 3 3 0 CL U) - ° . C") m ± ± . 2 k ® co . ± $ 3 \ _ ¢ ] CD 03