HomeMy WebLinkAboutApril 02, 2002 REGULAR SESSION
LOCATION: 129 Holmes Street South
Mayor William P. Mars presiding
1] Roll Call at 7' OO p.m.
2] Pledge of Allegiance
3] Approval Agenda
APRIL 2, 2002
4] Mayor's Report:
A] Presentations to outgoing members on boards and commissions
5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a
discussion by the Mayor, there will be an opportunity for members of the City Council to remove
items from the consent agenda for individual discussion. Those items removed will be considered
in their normal sequence on the agenda. Those items remaining on the consent agenda will
otherwise not be individually discussed and will be enacted in one motion.)
61 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes
per person/subject. Longer presentations must be scheduled through the City Clerk. As this
meeting is cablecast, speakers must approach the microphone at the podium for the benefit of
viewers and other attendees.)
*71 Approval of Minutes: March 6, 2002, Regular Session -
*8] Approval of Bills in the Amount of $336,938.69 plus $26,374.86 for refunds, returns and
pass through for a total of $363,313.55
9] Hearings on Tobacco Violations
101 Communications: None
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority Meeting
131 Re- convene
141 Recommendations from Boards and Commissions:
*A] Rezoning Request of Tollefson Development from AG o RIB for property located E of
CR -79, West of Evergreen Lane and S of 17 Avenue extended — Ord. No. 624
B] Comprehensive Plan/Land Use P g and s of ent Request st from Tollefson Development
for property located E of C S
*Cl Metropolitan Council's City Assisted Lake Monitoring Program for Dean' Lake
TENTATIVE AGENDA
April 2, 2002
Page 2-
15] General Business
A] Pub lic Works and . En
1. Award Contract for C 16 /CSAH - 83, ProtecANd St ® � and N o . g68
*2. Designating Sarazm St as a Municipal State
e Municipal State Aid Designation for Valley View V e Drive Trail, Project
� for Bids for g
*3. Approve Plans an d Authorize Advertising
No 2002 -2 —Res. 5686
*4. Valley View Road, Project No. 2001 -5 Ease om CRcq si ion chard Park West
5. Order Feasibility Report for Vierhng Drive
pUD — Res. No. 5677
B] Police and Fire Organization (MJN ®)Participation Agreement
* 1. Multi -J isdiction Network
C] Parks and Recreation g p Lot,
1. A rove Plans and Authorize Advertisin for Bids for Tah ah Park Parking
PP
Res. No. 5678
D] ,,,nits Develop
Release of Escrow Submitted in Connection with the Plat of Evergreen i Addition
1. R
2. Proposals for Transit Serv g u
Re lations for Sale of Property to Three Rivers Park District
3. Waiver of Subdivision
E] Pers___ onnel e - Tuition Reimbursement —Res. No. 5679
* 1. Personnel Policy Chang Official Position
*2. Employee Resignation/Building
F] General Administration ointments
1. Shakopee Public Utilities Commission App
2. General Fund Fund Balanc l
a. Police and Library B u i ldings Funding Report
3. Set Workshop Meetings
*4. Surplus Equipment
5. 129 Levee Drive Building
*6. Copier Purchase
161 Council Concerns
171 Other Business
Recess for executive session to discuss labor negotiations for the Police Patrol
18]
19] Re- convene
201 Adjourn to Tuesday, April 23, 2002, at 4:30 p.m.
TENTATIVE AGENDA
CITY OF SHAKOPEE APRIL 2, 2002
REGULAR SESSION SHAKOPEE, MINNESOTA
LOCATION: 129 Holmes Street South
Mayor William P. Mars presiding
1 1 Roll Call at 7:00 p.m.
21 Pledge of Allegiance
31 Approval Agenda
41 Mayor's Report:
A] Presentations to outgoing members on boards and commissions
5 Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a
] there will be an opportunity for members of the City Council to remove
discussion by the Mayor,
items from the consent agenda for individual discussionThose ion the removed will be consent agenda onsidere
in their normal sequence on the agenda. Those items g
otherwise not be individually discussed and will be enacted in one motion.)
6 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes
] er person/subject. Longer presentations must be scheduled through the City Clerk. As this
p
meeting is cablecast, speakers must approach the microphone at the podium for the benefit of
viewers and other attendees.)
*71 Approval of Minutes: March 6, 2002, Regular Session
*g Approval of Bills in the Amount of $336,938.69 plus $26,374.86 for refunds, returns and
] pass through for a total of $363,313.55
91 Hearings on Tobacco Violations
101 Communications: None
11] Liaison Reports from Council Members
121 Recess for Economic Development Authority Meeting
131 Re- convene
141 Recommendations from Boards and Commissions: property located E of
*A] Rezoning Request of Tollefson Development of 17 Avenue extended
Ord. No 624
CR -79, West of Evergreen Lan
B Comprehensive Plan/Land Use Plan Amendment Request from Tollefson Development
] for property located E of CSAH 18 and S of C
*C] Metropolitan Council's City Assisted Lake Monitoring Program for Dean Lake
TENTATIVE AGENDA
April 2, 2002
Page —2-
15] General Business
Al Public Works and Engineering
1. Award Contract for CSAH- 16 /CSAH -83, Project No. 2001 -4 —Res. No. 5689
*2. Designating Sarazin Street as a Municipal State Aid Street and Amending
the Municipal State Aid Designation for Valley View Road — Res. 5687 and 5688
*3. Approve Plans and Authorize Advertising for Bids for Vierling Drive Trail, Project
No. 2002 -2 —Res. 5686
*4. Valley View Road, Project No. 2001 -5 Easement Acquisition - Betaseed
5. Order Feasibility Report for Vierling Drive from CR -15 to Orchard Park West
PUD — Res. No. 5677
B] Police and Fire g partici ation Agreement
* 1. Multi - Jurisdiction Network o r ganization (MJNO) p
C] Parks and Recreation
1. Approve Plans and Authorize Advertising for Bids for Tahpah Park Parking Lot,
Res. No. 5678
D] Community Development
Community
1. Release of Escrow Submitted in Connection with the Plat of Evergreen 1 St Addition
2. Proposals for Transit Services to Three Rivers Park District
3. Waiver of Subdivision Regulations for Sale of Property
E] Pers=
*1. Personnel Policy Change - Tuition Reimbursement — Res. No. 5679
*2. Employee Resignation/Building Official Position
F] General Administration
1. Shakopee Public Utilities Commission Appointments
2. General Fund Fund Balance
a. Police and Library Buildings Funding Report
3. Set Workshop Meetings
*4. Surplus Equipment
5. 129 Levee Drive Building
*6. Copier Purchase
161 Council Concerns
17] Other Business
181 Recess for executive session to discuss labor negotiations for the Police Patrol
191 Re- convene
20] Adjourn to Tuesday, April 16, 2002, at 4:30 p.m.
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Regular Meeting
1. Roll Call at 7:00 p.m.
April 2, 2002
2. Approval of the Agenda
3. Approval of Consent Business - (All items noted by an are anticipated to be for
routine. After a discussion by remove items from the consent agenda for individual
members of the EDA to rem dual
discussion. Those items removed will be considered in their normal sequence on
the agenda. Those items remaining on the consent agenda will otherwise not be
individually discussed and will be enacted in one motion.)
A.) 4 Approval of Minutes:
4. Financial
A.) 4 Approval of Bills
5. Small Cities Development Program
A.) Update from Carver County HRA
6. Vision Shakopee Request Regarding Downtown Hanging Flower Baskets
7. Other Business:
8. Adj oum
PROCEEDINGS :1
OFFICIAL ECONOI%UC DEVELOPMENT
MpMSOTA
March 6 2002
L Roles Call: to order_ at 9:06 p.m. Roll was taken as noted
President Sweeney called the meeting
above.
A -oval of the A enda=OVe the agenda Rrbsente& Motion carried unanimously.
• Mars/Link moved to app i.;
A roval of the Consent A enda:
Mars /Sweeney moved to a pprove the Consent Agenda as presented. Motion carried
unanimously. 2 and February 5 9 2002.
A. Approval of mutes for a ®ve the minutes of January 2, and February 5,
Mars /Sweeney moved to app
2002. (Motion carried under the Consent Agenda).
IV. Fines l otion
A. Approval of Bills.
Mars /Sweeney moved to approve the bills in the amount of $14,779.2
carried under the Consent Agenda).
ointments to the Economic Develo ent Aviso is asked to offer Resolution No.
V. A omtm don and John
Mr. Snook stated the Eco c D S lO esolu ion would appoint Brian Lang
2002 -01 and move its adoption. Committee.
Mauritz to the Economic Advisory Appo Individuals To The
oos/ ,ink offered Resolution No. 2002-01, e Reesdolut' i- a doption . Motion carried
J Cominitt ,
Economic Development Advisory
unanimously.
Small Cities Develo ment Pro ram:
unty
• A, Activity update from Carver Co
stated that the Carver County reported that there had been an increase in
Mr. Snook residential and commercial areas. There was an increase in the
activity in the single -famil Y residential, rental residential, and
marketing activity for a ll three categories: single - family
March 6, 2002
Official Proceedings of the Page —2-
to ment Authority
Economic Deve p
the target area. Commissioner Link would like to see the single-family
co mmercial
residential target area expanded so more families has already been expanded; the c o n1mercial
Mr. Snook stated the single - family target are
target area
could be looked at to be expanded. The Department of Economic Trade and
Development would need to be gone through for this expansion to occur-
Lehman/Link moved to direct staff to look into expanding the grant program area for
Lehm expansion. Motion
commercial an d residential and see if it meets criteria for possible exp
carried unanimously.
Other Business:
. There was no other business.
A92urn: The meeting adjourned at 9:15 p.m. Motion
Joos/Lehman moved to adjourn the meeting.
carried unanimously.
udith S. Cox
EDA Secretary
Carole Hedlund
Recording Secretary
CITY OF SAK ®PEE
Memorandum
TO: President & Commissioners
Mark H. McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE: March 1, 2002
Introduction
Below is a listing of bills for the EDA for the period
03/01/2002.
4�q
`CONSENT "
Action Requested
o approve bills in the amount of $2 ,712.1 2 for the EDA
Move t
General Fund.
Check
Date
03/08/0
03/08/02
03/25/02
72498 Kennedy & Graven Attorney Service
72496 Intertechnologies Telephone
72657 Qwest Telephone
Total
.89
19.25
$2 -- --
Exp. Avail.
Annual Current ent Month % ova
Description Budget
Actual Balance Balance
02190 EDA 30,339.22 286,840.78 9.6 90.4
317,180.00 286,84078 9.6 90.4
19 EDA 30,339.22 .
317,180.00
02190 EDA
Check
rT,imher Ven Description Amount
CITY OF SAKOPEE
Memorandum
Economic Development Authority
TO:
FROM: Paul Snook, Economic Development Coordinator
Small Cities Development Program (SCDP) - update
SUBJECT:
MEETING DATE: April 2, 2002
am SCDP) from the Carver
Enclosed is the March 2002 update
d remain frm last month. H owev er , the has
d // allocated Cities Development Progr
County HRA. The dollars comnvtte owners as a result of recent m arketing
uired to DIED regarding expansion of the
recently been considerable response from propel' the EDA. DTED is currently evaluating
especially in the single - family target area. Staff has t ting
ed s of
DTED i
commercial and single - family target areas as requested by le- family residential target area,
g en the recent good
expansion of the commeronal are and w ith
there should not be considered �� Cie Gently expanded
the opinion that an additional p lications) and the fa h funding
response (11 new inquiri es with 5 completed app there currently is enoug
residential portion) to assist approximately 8 additional clients.
that target area in October.With the increased interest in the progra ,
remaining (in the single-family
SCDP funding activity:
In summary, the HRA reports the following
Amount % of Funds
Committed/ Committed/
Amount AlloAlloc_d Allo_ cat?d_
Funded
Single Family 55%
Residential $369,000 $204,393
(goal: 30 units)
Rental 68%
Residential 1500 $82,500
$12,
(goal: 30 units) 28%
$251,250 $70,603
Commercial _
(goal: 15 units) ---- 48%
TOTAL
$741,750 $357,496
to the property types listed above indicate the -reha of Trade
Note: The numbers in p arentheses next ro a m, set by the Minnesota Department
unit goals" by property hype for Shakopee 's SCDP p
and Economic Development.
per month to property owners in all three categories (not
is being marketed one to two times p fl and staff follow -up
The program process at the HRA.
commercial). This includes informational m ough the applications
lust e er / prospects to gu them thr
with interested property own
Small
Cities Shakopee Rehab
N HU-- 111
A lar e marketing effort was done mid March for the spring construction season. Information on
g
each
all of the programs was included in the Shakopee Valley Ttheyprogram has beeers were mailed to
great!
property owner in the newly expanded target area. The interest in
- Fami 1
Singl e Y Rehabi
Project
Recap on the program
To be eligible for the program, the applicant's income must be below 80% of the area median
income. The homeowner will be eligible for a 50 to 100% grant depending upon their income.
from 0 to 50 %. The HRA has low -
The homeowner would need to provide leverage uan heir leverage requirement. However, if
interest loans the homeowner could apply debts, no equity, etc., the
they are not eligible for ll a leverage source d to be waved and they will eceive 100 % Small Cities grant.
leverage requirement wi
The ant is a 0% interest, 10 -year deferred loan. If the ho o ne o s ta ys a pro -rated basis of 0%
p the loan back. The loan is forg
years, they will not have to ay ears later they would be responsible for
per year. For. example, boo o o f homeowner
hat they borrowed 3 y
pa back to the City
roved, Dave Scaffer, the HRA's Rehab Advisor, will
After their application has been app improvements can be done.
schedule an appointment to inspect the home to determine what
Dave will draw up a work write -up for the homeowner to submit to contractors. It is the
responsibility of the homeowner to select the contractor(s) close on the
After reasonable bids have been attained, the homeowner wielcontractor(s) afte�the work has
Aft payments to th
loan w i t h t h e HRA. The H RA w ill m ake the paym
en ins ected by Dave Schaffer. The HRA will then submit a draw request to the City (to
be p
submit to DTED) for reimbursement.
in le- Family Rehab Su ary
S ingle-Family
14 appli cants cants have closed on their loans and work is under way. 13 of those applicants have had
all of their work completed. We have had 11 new te gThere currently is l n e
enough funding
ived 5 completed applications back to da
remaining to assist roughly 8 additional clients. We will be applications f o l low
w l eek April. If If not
have letters ece
who have not yet returned their
re g
applications as of the end of the fir
enough interest is generated from property owners in the new target area, DIED may consider
yet again expanding the target area.
Amount Funded $369,000.00
Amount Committed $204,393.09 (closed on their loans)
Amount Allocated $ 0.00 (have been approved)
Balance Remaining $164,606.91
Applicants
HRA Loan Number:
Household Composition:
Loan Amount:
Gross Income:
Improvements:
Market Value of the Propert
that have closed
NO NEW APPLICANTS TO REPORT
Rental 1 Rehabilitation Project
Recap on the program
is located in the targeted
Any rental owner may apply for the program as long as their property
S Cities Boundary. 51% of their rental units need to be property lease a need tenants at or below the° of
Metro Area Median Income, and y s in he targeted the
reaaand both the tenant s income and rent
Fair Market Rents. If the
are within the allowable limits a property owner would be eligible for a deferred loan up to
10 000 p unit. A maximum loan amount is currently under advisement with city staff. The
P
s with a 50% match.
owner is required to match these dollar d enfant characteristics i
h is e will
forgiven after seven years. Compliance of rent restriction an per ear.
for the full seven years. The loan is forgiven on a pro -rated basis of 14.28% p y
ed, Bill Schw
After their application has been approv y to determine s what improvements ill
schedule an appointment to inspect the rental property t
be incorporated into he scope of work. Bill will draw u p t write-up
lect he contractor(s)). to
s ubmit to contractors. It is the responsibility of the homeowner
e bids have been attained, the property owner will schedule a time to close after Bill
e
After reasonabl The HRA w ill the necessary payments to the contractor(s),
ill m
loan with the HRA. will then submit a draw request to the City (to
Schwanke has inspected the work. The HRA
submit to DIED) for reimbursement
Rental Rehab Summary
iry regarding the Small Cities
Carver County HRA has had 1 new inqu Rental Loan Program,
however no new applications were received this $121,500.00 month-
Amount Funded closed on their loans)
itt ed $ 67,500.0 (
$ 15 000.00 (have been pre -app roved )
Amount Comm
Amount Allocated $ 39,000.0
Balance Remaining
Applicants
HRA Loan Number:
Loan Amount:
Number of Rental Units:
Monthly Rent:
Improvements:
Market Value of the Proper
that have closed
NO NEW APPLICANTS TO REPORT
Comm
erci a l Re abi 1 i to ti o
Project
on m
Recap the Pro ra as Property is located
their ro
owner may a m as long P p
Any commercial property apply for the program
this boundary is the small area located in the core
in the targeted Small Cities Boundary t area. Priority is given to owner occupied
downtown area of the bigger Small Cities tang improvements must be directed
structures or where leases are currently in place. Building p
toward correcting
defects or deficiencies in the property affecting the aesthetics or the property
safety, energy consumption, structural/mechanical systems, habitability or handicapped
accessibility of the property. Owners are eligible ais a defarred loan for yearsa is pro
with a maximum loan up to $25,000. The n
rated in case of sale.
Commercial Rehab summary
3 applicants have closed on their commercial loans and work in underway or completed. Two
applications have been returned to the HRA and are in the process of being approved. The
combined amount requested is approximately $47,000.
Amount Funded
$251,250.00
closed on their loans)
$23,841.98 ( have
Amount Committed
been roved)
pp
$46762.00 ( pre-approved)
Amount Allocated
Balance Remaining
$180,646.02
Applicants that have closed
HRA Loan Number:
Loan Amount:
Gross Income:
Improvements:
NO NEW APPLICANTS To REPORT
Market Value of the Property:
M
CITY OF SAKOPEE
Memorandum
TO: Economic Development Authority
Mark McNeill, Executive Director
FROM: Paul Snook, Economic Development Coordinato
SUBJECT: Vision Shakopee Downtown Partnership request regarding
downtown hanging flower baskets
MEETING DATE: April 2, 2002
Introduction & Background
The EDA is asked by the Vision Shakopee Downtown Partnership to be a partner in the
funding of a program for hanging flower baskets from the lampposts in the downtown
district.
At the March 19 City Council meeting, Vision Shakopee proposed that the City
participate in a program for hanging flower baskets from lamp posts in the downtown
district through funding a utility vehicle used for watering the baskets, and funding the
labor for bracket installation and watering. look at the EDA as a sourpe of funding for
$ 14,667. The City Council directed st aff
this request, and bring the issue back to the April 2 nd EDA meeting for discussion and
consideration.
Discussion
Vision Shakopee proposes to partner with the City/EDA in this hanging flower basket
program in the following manner:
V SDP will provide:
• 100 brackets and banding to secures brackets to lamp posts
• 75 — 80 flower baskets
• 16" high quality floral arrangements
• Watering tank and pump to be used by the City
• Total cost: $6,400
The City would provide through the EDA, the cost of :
• A small utility vehicle: 6 x 4 Cushman or John Deere gator: $8,167. The utility
vehicle may also be used for dragging ball fields.
• Labor for installing the brackets, and hanging and watering the baskets: $6,500
• Total cost: $14,667
flwrbsktmo2.doc
For next year and years after, Vision Shakopee plans on attempting to establish a special
service district to pay for the entire hanging flower basket program and other downtown
improvements. A special service district (SSD) is a property based business improvement
district, which provides enhanced improvements and activities above and beyond those
provided by local government. Owners agree to pay an assessment to generate revenues
for the revitalization effort. A certain percentage of the property owners of the subject
land area, and owners of a percentage of the net tax capacity of the area must support a
petition to the city to implement the assessment district. To establish the district, cities
have to adopt a local ordinance, which defines the boundaries, the properties affected, the
assessment structure, timetable of implementation, use of funds, and description of the
SSD.
Budget Impact
The only area in the EDA budget that has sufficient funds for this project is "professional
services /attorney". This line item was funded at $20,000 for 2002. Currently there is
$17,345 available. This budget category is used for attorney costs and to a lesser degree
consultant costs. A recent example would be the attorney costs for the Certainteed
expansion project in which the City and county are providing tax abatement and a loan
through the MNDTED. The City's economic development finance application fee of
$5,200 is designed to cover some of the above - referenced costs. An example of other
consultant work would be the EDA funding of the Huber Park Master Plan done by
Brauer & Associates last year. It is unknown as to the amount of professional
services /attorney funds necessary for future projects like those outlined above. If another
abatement project comes along, the legal services associated with that would certainly
require funding.
Options
1. Authorize use of $14,667 from the professional services /attorney portion of the
EDA budget to fund a utility vehicle and labor for the downtown hanging flower
basket program.
2. Do not authorize use of EDA funds for the downtown hanging flower basket
program.
3. Table for additional information.
Action Requested
Offer and pass a motion consistent with the FDA's preferred direction.
flwrbsktmoldoc
OF FICIAL PROCEEDINGS OF THE Crry COUNC
REGULAR SESSION
SHAKOPEE, MINNESOTA MARCH 6, 2002
The pledge of allegiance was recited.
The following items were added to the Agenda. 15.C. 4 Update on Sarazin Street and Valley
View Road project and 151.5 To consider setting workshop meeting for 6:00 p.m. March 19 to
discuss the new Police Station Design and Development Issues.
Link/7oos moved to approve the Agenda as amended. Motion carried unanimously.
Force
Mayor Mars stated he had been appointed to the Metropolitan Council ono Regional
force set forward
Commission on affordable housing. This task force is a co
last year. Mayor Mars attended the meeting a week ago has been put together on affordable
the metropolitan area. Mayor Mars reported that a booklet
housing.
Mayor Mars reported over the last several days Mr. Leek, and Scott County w e in Washington to talk with our
representatives from the City of Prior Lake and to meet with Wayne
elected representatives and also the Bureau of Indian Affairs (BIA)
Smith in regard to our opposition of the Land Trust of the Shakopee dewakanton Sioux
been
Community. Mayor Mars felt the meetings went well. cott County az expressed their points Ma
made but the City's of Prior Lake and Shakopee and t5'
Mars submitted for public record the same document that was presented to the City's elected
officials in Washington, D.C. as well as, to the BIA along with a summary
The following item was added to the Consent Agenda. 151.5 To onde setting elopmenp
meeting for 6 :00 p.m. March 19th Design to discuss the new Police Station and D
Issues.
The following item was deleted from the Consent Agenda. .
15.C.2 Blue Lake Watershed
Drainage Improvement Environmental Assessment
Sweeney/Lehman moved to approve the Consent Agenda as modified. Motion carried
unanimously.
March 6, 2002
Official Proceedings of the Page —2-
Shakopee City Council
Mayor Mars asked if there were any citizens present in the audience who wished to address any
item not on the agenda. There was no response.
Joos/Lehman moved to approve the meeting minutes for January 15 and February 5, 2002 as
corrected and on the table. Motion carried 4 -0 with Cncl. Link abstaining because he was not in
attendance at the meetings.
s $32,589.15 for
Sweeney/Lehman moved to approve the bills in the amount . ®f $ 258 , 079.24 n carried ender the Consent
refunds, returns and pass through for a total of $290,6 (Motion
Agenda). [The list of bills is posted on the bulletin board at City Hall for one month following
approval].
Mayor Mars opened the public hearing on the ax Abatement and on Granting a
Teed Corpo
Minnesota Investment Fund Loan to Certain
Mr. Snook, Economic Development Coordinator, gav oved to proceed with Certain Teed tioned
public hearing. At the February 5 meeting, Council p
Corporation's application for Tax Abatement n rMinnes a ®ntra
estment Fund t for priva e development
sion
of their plant here in town. Staff was direct ed pre this
between the City, Scott County and Certain Teed tw between and Certain een the City, Co Teed.
contract outlines the provision of the tax abatement
to authorize
The public hearing for the Minnesota investment oa grant approval of that application. the processing of the loan application and to receive the
The state loan will be used by the company to acquire equipment �nook gave some background on
establish an Economic Development revolving loan fun dl
the Certain Teed expansion. The need to expand ansionplant here re in Shakop e da from
changing roof shingle market. The new plant exp proposed he
include 41,800 square feet of manufacturing space,
7000 square feet of office space, 15,000
square feet of warehousing space and 382,500 square feet of outside production and storage he lo
erm
space. The total estimated cost of the expansion is $34,700,00 t e rete g of ability
urr tthis
Shakopee plant is much improved with this expansion along
employees and the regaining of some of the recent job losses from this business. Staff
reviewed Certain Teeds application for proposed expansion and the corresponding application for
Fund Loan and
the Minnesota Investment finds that the project m a ible h City's g oal o ed
in the Economic Development financing policy and that it is p
facilitating retention expansion of high quality industrial developments as identified in the 2001 /02
strategic plan of the Economic Development Plan.
Mr.
Snook stated under the proposed tax abatement, property taxes collected on the Certain Teed
expansion that would be for the value of the imp � a maximum
would be abated or rebated over a
of $29 ®00 annually for a total of
six -year period. The City would abate /rebate p
$175,000 over the six years. Scott County would abate /rebate up to a maximum of $32,000
official Proceedings of the
Shakopee City Council
March 6, 2002
Page —3-
annually for a total of $196,000 over the six years. $371,000 would be the approximate total
abatement from the City and the County over the six-year ay slue of Certain Teed' property.
expansion will provide a substantial increase in the market
Approximately 54% of the expansion cost will thejbuildin a expansion. Curren ly the Certain
remainder relating to the site improvements and t g
Teed Corporation has 240 employees that will be re g,ob ta The hourly pay range would range between
creation of 44 new livable wage- manufacturin
$17.00/$22.00 per hour. The value of the health benefits provided will be $600 per month.
esota Mr. Snook stated in order for Certain Teed Corporation to a n an o receive a grant upon
a
Loan the City needed to pass a resolution authorizing the application
approval of the application. Also as part of the application process, the City is required to
perform a certain financial Due Diligence in addition to that done
l J. Greens Kennedy and e and
Economic Development (DTTED) at the state level. Mr. Danertain
iel
Graven Chartered, has performed this Due Diligence for t , worth The Certain Teed Teed an
Corporation is a financially stable business with a significant net
Company has offered a letter of credit as security fort he state
000 for hstate lD staff loan. nook that
the Certain Teed project will qualify for approximate y
to the City and a loan to the Company. Mr. Snook noted that
a
stated that this loan is really grant
DIED provides the guidelines for the City establishing the revolving loan fund. Mr. Snook state
this loan to the company could be a forgivable loan if the company retains the job retention and to re
ceive the
as set forth in the loan agreement. The City m nt Fun
goals creato d Loan C staff and Certain
the company starts to draw down on the Minnesota Invest application to the state; it will
Teed Company officials are currently putting together the final loan app
be submitted to DIED shortly. The City Council is
r Certain Teed e Corporation and Resolution No.
Resolution Approving Pr ®perty Tax Abatement fo
5666 a Resolution Authorizing application to the Minnesota Department of Trade and Economic
Development for the Minnesota Investment Fund for Certain Teed Corporation.
Mr. Snook thought this expansion project for Certain provided. Corporation
Mr. Snooklstated good deal for
the City of Shakopee for the abatement that was being pro
Investment Fund Loan also provided a revolving fund loan for the City of Shakopee, which the
City of Shakopee has been looking for ways to create.
Roland Doerr, Sales Manager for Certain Teed Corporation, approached the podium and stated
quickly and the old shingle market is dying
that this new laminated shingle market is growing q Y
q Y
uickl . If Certain Teed does not make the new laminated shingle, someone else
If Certain
Teed makes this new laminated shingle their future will be tremendously
Mayor Mars called for public participation. There was no response.
Lehman/Link moved to close the public hearing. Motion carried unanimously.
official Proceedings of the
Shakopee City Council
March 6, 2002
Page —4-
Link/Sweeney offered Resolution No. 5662, e A Resolution Approving pMotion carried
For Certain Property in the City of Shakopee, and moved its adoption
unanimously.
Link/Lehman offered Resolution No. 5666, A Resolution of The � of Shakopee Authorizing
Minnesota In
Application v The Minnesota
Fund For Certain Ted Corporation, and moved its adoption. Motion
Minnesota v
carried unanimously.
There was some discussion on the parking of trucks on e Avenue. Mr. Doerr ill l on -si t the
parking will be addressed with the new construction. The parking and staging
Tracy Coenen, Assistant to the City reported Coenen oe the
orted that there garbage wo d n an .
recycling pickup from alley pickup to curbside. M P
additional savings to the City /residents of approxi . tely $12,000 if Dick's Sanitation a Coenen pointed out there are some alley
c urbside pickup only with an automated truck.
pick -ups that would be difficult to change to curbside pickup because of the terrain. There
identified that there would be approximately 60 residents that would still need alley p ick.
would be a cost savings to the City /residents of approxi aeon of who gets a would t o
mostly curbside and minimum alley pickup. The determi
done on a case - - case basis. There would also be maintenance nt ies. Because this saved a because City
safety issue, as
Public Works would not have to grade the alleys as man
well as an economic issue, Ms. Coenen recommended that there be a portion of alley pickup left
with the majority of the pickup being curbside. Ms. Coenen d s ®b savings t he
the City /residents would realize with the mostly curbs pickup e used to offset expenses fo
2003 City clean up day because this benefits all. State grant funding t a the City uses for this day
is at a bare minimum and extra money is needed if this day
Ms. Coenen stated the driving force to change the alley garbage pickup was a safety issue.
Cncl. loos noted that there were residents with alley pickup now that really want curbside pickup
Cncl. Lehman felt the savings that the City /residents would realize did not outweigh the
inconvenience to the residents with the alley pickup.
This was an informational issue but public testimony was heard.
Deb Smith, 856 Minnesota Street, approached the podium and stated that she had alley pickup. It
would be extremely difficult for her to change from alley pickup to curbside pickup. She felt
some issues had not been looked at.
March 6, 2002
Official Proceedings of the Page —5-
Shakopee City Council
Scott VanDoren, 830 7 Avenue, approached the podium and stated his garage pickup was off
the alley. He was concerned about getting the garbage can out to the curbside in the wintertime.
Steve Chavis, 329 e Avenue East, approached the podium and stated he had a one -car garage
that was too small to allow for the garbage can. Mr. Chavis stated that it would be a hassle for
him to bring the garbage ca n curbside all year long.
Jane Moriarty, 1060 South Market Street, felt the garbage pickup works well this way and she
would like the garbage pickup to stay the way it is, in the alley.
Peter Heim, 134 Main Street, approached the podium and asked if this change in garbage service
pertained to commercial service also. Mayor Mars stated that this proposal is only for residential
service.
Steve Clay 128 East 8 Avenue, approached the podium and addressed the design/functional
issues of the alley homes. He would like the pickup previous to stay s is. s made by the residents. gs wee
great enough to change. e agreed with all the
Lisa Goldman, 429 East 2 nd Avenue, approached the podium and stated she lived in a mixed -use
area. There were businesses there as well. These businesses would still
in the all garbage trucks
coming in the alleys because commercial garbage could still be picked
Link/Lehman moved to have the garbage and recycling collection remain as alley pickup.
Cncl. Sweeney reported that he heard from a number of Shakopee residents and these people
wanted the garbage trucks to stay out of the alleys.
Ms. Coenen noted that this curbside pickup for alley residents started with a resident's request.
Joos /Sweeney moved to table the garbage pickup issue for more information ®Mono arced time for
staff to do more research bring tainformation e ssue was tabled.
with Cncls. Link and Lehman
Mayor Mars felt this was an efficiency issue for Dick's Sanis� the and a possible cost savings. e
was concerned about the general garbage in the City, not )u
McNeill, City
Administrator, reported that at the February 26 meeting there were some
questions uestions on the transfer of the land that was leased from need to if indeed there
Landing and to be
q
sold to Three Rivers Park District. Mr. McNeill state t here was a ro am and if that of the RIM
was a 30 acre parcel of land in the northwest comer cNill s to ed that it ha sheen co that
parcel was to be included m the land
the 30 -acre parcel is not part of the land transfer. Cncl. Sweeney was concerned about the public
Official Proceedings of the
Shakopee City Council
March 6, 2002
Page —6-
use of trails around the Three Rivers Park District land. Three Rivers Park District. There waa that
goes through the property that is to betransfer d uch discussion.
conservation easement for this trail property
Doug Bryant, Superintendent for Three Rivers Park District, approached the podium u anaz
nt with Three Rivers Park District, in p the
discussed the Murphy's Landing agreeme that the
proposed state trail relocation. Three Rivers P esent for l the tail parcel tat s
Minnesota Department of Natural Resources do have an ease
adjacent to the Minnesota River. Three Rivers Park District Landing would be simplified and the
Murphy's Landings facilities so that control within Murp y g
safety issue that the trail presented would be reduced. Three �esota Valley Regional Tkail the
Minnesota Department of Natural Resources tom felt the
outside of Murphy's Landings boundaries and to the south side. Mr. Bryant
transportation corridor trail through Murphy's Landing could become a negative rather than a
positive for the people enjoying Murphy's Landing. Three Rivers Park District stated they have
e Shakopee
been working with the Minnesota Departmeo of R esources, e to the proposed ali of the
Mdewakanton Sioux Community, in hopes they ou d
trail. Mr. Bryant stated the relocation of this trail would also avoid some other issues that would
need to be addressed i.e. Native American burial mounds. Mr. Bryant also stated the City is
required to approve the Master Plan for Murphy's Landing with Three Rivers Park District; the
master plan would address this proposed trail relocation. located next to the
There was discussion about the Minnesota Val
the�westerl ntrange of Murphy's Landing.
highway for a short distance and the trail crossing
Tom McDowell, Director of Programming Facilities for Three Riv h is was dpp oa he on
th podium and stated that the T -21 grant (partial grant) P e T
the T -21 grant and the cooperation of the City of Eden Prairie with the Three Rivers Park District
in the use of this grant -
McNeill a
Mr. p proached the podium and stated the fire proceeds (from ins rather than to the City to the Three Rivers Park District
needed for demolition purpose that the g building be rebuilt. After the Master Plan is
and the City was not requiring P
finished the fire proceeds that Three Rivers Park District receives Park e City would be used to
construct an appropriate replacement building for the Thre e Rivers
arranty
Link/Sweeney moved to authorize the appropri nt Tee Rivers Park Di officials to execute a
for
deed and conservation and preservation easeme
Landing.
official Proceedings of the
Shakopee City Council
March 6, 2002
Page —7-
Jeff Brauchle, Legal Counsel for Three Rivers Park District, approached the podium and
discussed the fire proceeds given to Three Rivers Park District and the Master Plan. He said the
money would stay with Murphy's Landing and not go into the general fund.
Motion carried unanimously.
Cncl. Lehman reported on the Park and Recreation Advisory Board (P ) meeting held in
February and noted that the PRAB is working on an agreement
as ations and h Hockey the
City and are discussing equity of cost participation between the so
Association. Mr. Lehman also noted that a second sheet f Link and Sweeney iscus that the P th thad
tree ordinance. Cncl. Lehman asked the question to C
charged him with and the PRAB wanted to know exactly what their responsibilities or direction is
to the City Council.
Cncl. Lehman reported on the February meeting of the Vision Shakopee committee. He stated
the Vision Shakopee Committee is looking at some projects. Board is continuing
Cncl. Joos reported on the School Board meeting. He stated
soon that budget be balanced; then make cuts in the budget for this current school year an
the School Board will start to balance the budget for the e very 3 o
sch y e to the school ddisttrict
received bids for the repair to two schools and the bids rY
Cnel. Joos reported on the Chamber of commerce meeting he attended.
Joos/Lehman moved to recess to City Council meeting at 9:06 .m
carried unanimously.
conducting the Economic Development Authority meeting. Motion
Mayor Mars reconvened the City Council meeting at 9:25 p.m.
Cncl. Link abstained from voting on the Pat Link Construction appeal because of a conflict of
interest.
Mr. Leek, Community Development Director, reported on the Patrick Link Construction appeal
of the Board of Adjustment and Appeals' denial of a variance from the rear yard setback
requirements. Mr. Leek stated that at the February resolution u l holding the appeal f Patrick Link
motion directing staff to come back with a draft P
lots one through eight in S uth
Construction and thereby approving the request for variances ctOOn on
parkview 4 Addition. That draft resolution is before the Council tonight The ultimate
this resolution will require a majority vote of those present and voting on the issue.
offi Proceedings of the
Shakopee City Council
March 6, 2002
Page —8-
Mr. Leek clarified that at the February 19 meeting Patrick Link Construction was really seeking this would be for up to a
two separate variances. One variance would be ® throu e seven the�v would be for up to
nine -foot rear yard setback variance. For lots g
a seven -feet rear yard setback variance. The applicant also noted at that meeting that re the Council does reflect t as o the
requested variance may not be used. The resolution b
information. Mr. Leek went over the requirements eight even being buildable because of the gas
classification. There was discussion about 2 of development of the South Parkview Additions.
pipeline easement. Mr. Leek gave a staging
Mr. Leek stated the South Parkview 4 Addition was platted last year int the eight lots. causing
Leek stated the proposed hardship on these lots was the
rick Link Construction was limited on the
the loss of depth to the lots. Mr. Leek stated that P
west side by the overall boundaries of the plat.
Cletus Link, 1216 Jefferson Street South, approached the ed South and g bac on was the
whole South Parkview subdivision. Mr. Cletus Link stated
subdivided and platted with some of the parcel being put into lots; he streets
and de e de
when
and at that point the overall plat was approved. All the streets public
the lit was recorded. Mr. Cletus Link stated one reason Jefferson STa� tt w� ��k lca�te L� also
P
time was because the City of Shakopee needed to get water N came and took thirty feet
stated once everything was dedicated as public right -of -way,
for their right -of -way along CR -15. He, therefore, had to adjust his proposed houses. Mr. Cletus
Link stated he could work with this footage but he ne v arianceo for for depth. so Several
designs have been looked at. Mr. Link stated he need ed the
comparable homes to the current residents' 1 built. Mr.
lit as not re cos is still an Outlot.
granted for his previous lots in this subdivision. P
Cncl. Sweeney felt that when MnDOT took the land, a hardship was created with the roads being
fixed in place already.
Mr. Pat Link stated that the knockouts (sun porches) would have foundations under them.
Lehman/Sweeney offered Resolution No. 5665, A Resolution O T he Variances Tot e Rear Yard
Upholding The Appeal Of Patrick Link Construction And App
Setback Requirement For Lots 1 -8, Block 1, South Parkvaew e Addition, Located In The Urban
Residential (R -1B) Zone, and moved its adoption. .
It appeared to Mayor Mars that Lot 8 in Block 1, South Pn r�uet n Wanted to build as the on y l
with a hardship. Mayor Mars felt the houses that Link Co . Lehman pointed out
hat the past
big. Patrick Link stated the house was just average s'd b the of Adjustmentstand Appeals
variances for South Parkview 3 Addition were denied y
and In anted by the past City Council. The original variance was gran ed he d d feel the re a
that by approving these variances the Council was being consistent, plus
hardship created by the 10 feet MnDOT took off of each lot. Cncl. Joos reviewed how the other
2002
,
Official Proceedings of the Page March 6 6,
Shakopee City Council
variances came about to be approved. Mr. Link went to MnDOT on another
platted land for and
according to Mr. Cletus Link, OT told him that after taking thirty P
right -of -way MnDOT recognized this as a hardship.
Mr. Leek noted a typo in the Resolution No. 5655 before the Council tonight; if Resolution No.
5655 is adopted tonight Resolution No. 5655 would be changed to read lots two through seven in
Block 1, South Parkview 4th Addition. There was no resolution in front of the Council at the
February 19, 2002 Council meeting to approve the variance. Staff was directed to prepare this
resolution and bring it before the Council at a future meeting date.
Motion failed 2 -2 with Cncls. Joos and Mars dissenting.
On the advice of the City Attorney, Mr. Leek did also prepare a resolution for denial of the
variance requested for the Rear Yard Setback Requirement For Lots 1 -8, Block 1, South
Parkview e Addition, located In The Urban Residential (R -1B) Zone.
The City Attorney told the City Council they does not con t mute a denial. deny because under
Minnesota case law failure to approve a variance
Joos/Mars offered Resolution No. 5668, A Resolution Of The City O nes of Patrick Link Upholding The
Decision Of The Board of Adjustments and Appeals in Denying q
Construction for Variances To The Rear Yard Setback Requirement For Lots 1 -8, Block 1, South
Parkview 4 Addition, Located In The Urban Residential (R -1B) Zone, and moved its adoption.
Motion failed 2 -2 with Cncls. Sweeney and Lehman dissenting. The variance has been denied.
Mr. Loney, Public Works Director /City Engineer, reported on the proposed sidewalk on
Pheasant Run Street from Quail Drive to Valley View Road. This sidewalk was proposed at a
had been an issue and
previous City Council meeting. The stop signs along Pheasant hean Street
Street was declared a City
had been looked at and reported on at that meeting an
collector street and a sidewalk was needed on one side of the street. Letters, surveys and a
neighborhood meeting were held to look at the location of a possible sidewalk. Mr. Loney
presented three alternatives. The area the sidewalk verhead showed the three possible
existing developed area of new homes. Mr. Y via an o
alternatives. Mr. Loney stated that the surveys showed walk, alternative
residents wanting and not wanting the sidewalk. Of the residents wanting a side
three was the preferred alignment (placing the d Public tility objected Po this al RrnaSve et
from Valley View Road to Quail Drive). Shakopee
because of a major electrical line with large transformers underground in the a re of the proposed
sidewalk with alternative no. 3. City staff did feel that th e construction
neighborhood would quiet down in a few years and th infrastructure better time to re-evaluate the of years
older and perhaps a couple years down the road would
Official Proceedings of the March 6, 2002 Page —10-
Shakopee City Council
sidewalk issue. Staff was bringing this issue back before Council for direction. Mr. Loney stated
at this time there is not a strong consensus to have a sidewalk in the neighborhood.
Mayor Mars allowed residents from the audience to come to the podium and participate in the
discussion on the Pheasant Run Street sidewalk.
Scott Lucas, 1858 Pheasant Run Street, approached the podium. Mr. Lucas stated that he
preferred option one and he was there representing the residents for putting the sidewalks in the
neighborhood. He stated the residents that were against the sidewalks were against the sidewalks
for three reasons: They were concerned about their property values declining, their privacy and
their landscaping. Mr. Lucas felt these reasons paled when figuring in the safety issue in this
neighborhood.
Kathy Rude, 1847 Quail Drive, approached the podium with a few continents. She did not feel
the traffic construction would decrease traffic on
Run because all S h e school s foot traffice She re
was a terrific amount of foot traffic on Pheasant
felt these sidewalks were needed for safety.
There was discussion on the trail in the area to the school.
Cncl. Sweeney stated he would support only option one because this had the least amount of cost
to Shakopee Public Utilities. The City did request Shakopee Public Utilities to put that
underground electrical line in; he wasn't prepared to vote on another issue costing the Public
Utilities a large sum of money.
Mr. Loney felt when Valley View Road and Independence D . e would like to restudy this area
perhaps alleviate some of the traffic on Pheasa nt Run Street.
for the sidewalk when Valley View Road and Independence Drive were complete.
Joos/Mars moved to direct staff to construct a concrete side walk along peasant u the issues from
Quail Drive to Valley View Road using alternative No. 2 thereby eliminating
with Shakopee Public Utilities and this sidewalk would cross Pheasant Run Street only once.
(West side of Pheasant Run Street from Valley View Road to Chester Street and east side from
Chester Street to Quail Drive)
Mr. Loney estimated that the cost of this sidewalk would tme it was not known if the
sidewalk in this
that needed to be done. Mr. McNeill noted that at this
area had been budgeted in the CIP.
Lehman/Sweeney moved to table the issue to a future Council meeting when a funding report on
the sidewalk could be brought back. Motion carried 4 -1 with Cncl. Joos dissenting.
Official Proceedings of the
Shakopee City Council
March 6, 2002
Page —11-
Ms. Cox, City Clerk, reported on what penalties were incorporated and established in the drafted
ordinance for the sale of alcohol to minors. Staff was directed at the February 19 meeting to
look at further options for the fourth violation within three years regarding the sale of alcohol to
minors. The City Attorney prepared City Ordinance No 621 for the Council's consideration for
this purpose. There are two versions of this ordinance, each containing two options regarding the
fourth violation within three years. One option for the fourth violation within three years would
be a $2000 fine and a license revocation; the th liquor se Both of
op uor licene the ordinances es allow
of the liquor license for 30 days or revocatio n of q
for administrative imposition of penalties for first and second violations within the three -year
period and imposition of the penalties by the Council for the violations of the third and fourth time
violations within three years. The ordinances only deal with violations where there are sales to
minors. Other liquor violations will follow the state guidelines. Alternative A includes
presumptive penalties allowing the City Council to deviate from the penalties that they adopt if
there are extenuating circumstances. Alternative B imposes mandatory penalties and these
penalties do not allow for deviation from the adopted penalties. The Council will need to decide
which alternative they prefer and what penalties they would like to see imposed for the fourth
violation within three years.
There was discussion on whether or not to have presumptive penalties.
Mayor Mars allowed public testimony on this issue.
Mike Garin, Vice - President of Hospitality at Canterbury Park, approached the podium and
addressed the Council. Mr. Garin stated that the City and area businesses needed to work hand -
n -hand on this issue. Mr. Garin explained what Canterbury Park has done to help their staff not
to sell to minors. Mr. Garin stated that he believed both the business and the employee must have
consequences. He also stated that it was his belief that haea business �°�® wo like to he ld
businesses
for employees, if these employees were properly tt
get the proper education for this social problem. He felt some of what staff was proposing was
steep. He would like the proposed options and alternatives to the City Liquor ordinance re-
examined slightly. He felt the businesses were held responsible for their employee actions more
than they should be. He would like to see the second violation within three years be changed to
the second violation within two years.
Mayor Mars wanted zero tolerance.
Cncl. Lehman wanted to see an ordinance where every one was carded.
Sweeney /loos offered Ordinance No. 621, Fourth , Adding A Subdivision Dealing With Shakopee,
Minnesota, Amending Section 5.08 Of The C l Code B ty Y
Penalties For Sale of Alcoholic Beverages To Minors, and moved its adoption and moved
presumptive penalties, allowing the City to deviate from the adopted penalties; with the penalty
Official Proceedings of the
Shakopee City Council
March 6, 2002
Page —12-
for the fourth violation being a presumptive penalty of a $2000 fine and a suspension of the
license for a minimum of 30 days or a revocation of the license for a fourth incident occurring
within three years of the dates of the previous three incidents.
There was discussion on which penalties should be mandatory and which penalties should be
presumptive.
Motion carried 3 -2 with Cncls. Link and Lehman dissenting.
Sweeney /Joos moved to remove from the table the relocation of under grounding of electrical
overhead power lines on Valley View Road. Motion carried unanimously.
Sweeney/Link moved to table the relocation of under grounding of electrical overhead power
lines on Valley View Road until the March 19, 2002 meeting. Motion carried unanimously.
Mr. Loney addressed Mayor Mar's questions on the Blue Lake Watershed Drainage
Environmental Assessment Worksheet (EAW) regarding water quantity and water quality of Dean
Lake.
Joos /Sweeney offered Resolution No. 5656, A Resolution Adopting Findings And Conclusions
And Making A Negative Declaration is
e improvement Project and moused pact adoption.
Statement For The Blue Lake Waters hed Drains g
Motion carried unanimously.
Mr. Loney gave an update on the progress of the Valley View Road Project a he ree Plat from
Mooers Avenue to Valley View Road and Valley View Road, from Sarazm Street
Line of Pheasant Run 6 Addition. As far as right -of -way acquisition is concerned the City has all
of the appraisals in and the City will be making offers in the near future to all of the property
owners where the City needs right -of -way to construct the roadway and right -of -way to relocate
Shakopee Public Utilities electrical line. The appraiser estimated land acquisition costs to be
approximately $112,000; this figure is under the cost estimated in the feasibility study. Mr. Loney
stated he anticipated coming back to the March 19, 2002 meeting with an Eminent Domain
resolution for the property owners along the proposed Valley View Road that were not satisfied
with the City's offer in order to get this project built a fr eeme t that Council previousy
the City Attorney have been working on an assessment/hookup
directed. A special meeting Attorney, has been held with residents feel they have some pretty good ideas of
discussions, Mr. Loney and Mr. Thomson, City y,
what to offer the residents. Mr. Loney did go over the ideas These ideas pertained toh a l The City to
offer the residents along the proposed Valley View R oad Trunk
picking up more of the costs, 2. When to hookup, 3' Interest
number
of possible ctie s es ment
Sanitary Sewer Charges to some residents based on the
attributable to the street assessment would be levied and paid in accordance with the
' 2002
,
Official Proceedings of the Page March 6 6,
Shakopee City Council
City's policy for street assessments. Mr. Loney stated Mr. Voxland, City Finance Director,
would like to see some cap placed on the hookup agreement. Mr. Loney wanted to move
forward on these assessment agreements with the property owners as well as with the right -of-
way acquisition so this project could be build this year. Mr. Loney would like a uniform proposal
to all the residents.
Cncl. Sweeney addressed the reduction of the Sanitary Sewer Trunk charge. He was concerned
about creating a precedent when annexation started.
Sweeney/Lehman moved to table the assessment/hookup agreement for the Valley View Road
Project No. 2001 -5 until March 19, 2002. Motion carried unanimously.
Sweeney/Lehman moved to reject the bid received from Custom Fire, return all applicable bid
securities, direct that the Fire Department Truck Committee modify specifications for the medium
rescue truck, and readvertise for bids. (Motion carried under the Consent Agenda).
Sweeney/Lehman moved to authorize the retention of Jason Asper, John Fox, Tom Hechsel,
Craig Nelson and Ryan Yttreness as Fire Fighters for the City of Shakopee. (Motion carried
under the Consent Agenda).
Sweeney/Lehman moved to accept the resignation of Tom Nendick from the Fire Department and
to direct the Fire Department to fill the two existing vacancies in the Fire Department. (Motion
carried under the Consent Agenda).
Sweeney/Lehman moved to set a hearing date for Tuesday April 2, 2002 at 7:00 p.m. or
thereafter, to review the actions of the tobacco licensees: Twin Cities Stores, Inc., dba Oasis
Market, 615 South Marschall Road; Super America #4035, 1155 Bast 1' Avenue; Twin Cities
Avanti Stores LLC, dba Food `n Fuel, 234 West lgt Avenue and Budget Liquor, dba Wine and
Spirits, 6269 Highway 101. (Motion carried under the Consent Agenda).
Mr. McNeill, City Administrator, approached the podium and reported on the changes to the re-
roofing contract for City Hall and the Public Works building and the Architectural Contract with
JEA Architects. Mr. McNeill stated change order no. 3 involves the re- roofing contract for the
current City Hall and the contract completion date of the current City Hall re- roofing. Mr.
McNeill also discussed the cost of the additional inspection trips needed to the site by JEA
Architects of Hopkins.
Sweeney/Link moved to direct the appropriate City officials to execute change Order No. 3 with
Schwickert Company for the re- roofing of City Hall and the Public Works building. Motion
carried unanimously.
Official Proceedings of the
Shakopee City Council
March 6, 2002
Page —14-
Sweeney/Lehman moved to authorize the increase in the amount of "not to exceed" compensation
to be paid to JEA Architects, Hopkins, Minnesota, by the amount of $4,600.
Cncl. Sweeney moved this action with the intent to vote against it. Cncl. Sweeney was of the
opinion that "not to exceed" in the contract meant not to exceed. Mr. McNeill stated that it has
taken a longer period of time to complete the Public Works building and the inspections were
done on a hourly basis. Mr. McNeill stated the consultant working on a hourly basis should not
be penalized; he was making certain that the work was being done correctly. Because there were
more problems than anticipated the building took longer to complete and more inspections were
needed.
Motion carried 3 -2 with Cncls Sweeney and Lehman dissenting.
Sweeney/Lehman moved to set a workshop meeting for r 6:00
arved unde he 19th to discus the new
Police Station Design and Development Issues (Motion
Mayor Mars stated that he received a letter from a former citizen dealing with the garbage in
people's yards in the City of Shakopee. Mayor Mars submitted the letter and pictures of the yards
into the public record.
Mayor Mars proposed that the under age violator (individual trying to buy liquor or tobacco) if
caught pay a $50 fine under a new ordinance imposed for this concern. Mr. Thomson, City
Attorney, stated he would have to follow-up what see if the City
State law. is allowed to enact their own
ordinance for this purpose, over and above
Sweeney/Lehman moved to adjourn the meeting to Tuesday March 12, 2002 at 4:30 p.m. Motion
carried unanimously. The meeting adjourned at 11:46 p.m.
dith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
w ill
RESOLUTION NO. 5682
A RESOLUTION OF APPRECIATION TO JEFF KALEY
WHEREAS, Jeff Kaley has served on the Park and Recreation Advisory Board from
February, 1996 until the expiration of his second term in February,
WHEREAS, Jeff Kaley has unselfishly contributed many hours of service to the City of
Shakopee while serving on the Park and Recreation Advisory Board.
NOW, THEREFORE, BE IT RESOLVED by creation Advisory d City l staff� e
residents of Shakopee and on behalf of the Park
that the Shakopee City Council does hereby extend to Jeff Kaley the deep appreciation of the
City for his years of civic interest and dedicated service to the community.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
this 2nd day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 5681
A RESOLUTION OF APPRECIATION TO DEAN SHANER
WHEREAS, Dean Shaner has served on the Park and Recreation Advisory Board from
February, 1996 until the expiration of his second term in February, 2002; and
WHEREAS, Dean Shaner has unselfishly contributed many hours of service to the City
of Shakopee while serving on the Park and Recreation Advisory Board.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the
residents of Shakopee and on behalf of the Park and Recreation Advisory Board and City staff,
that the Shakopee City Council does hereby extend to Dean Shaner the deep appreciation of the
City for his years of civic interest and dedicated service to the community.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
this 2nd day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 5683
RESOLUTION OF APPRECIATION TO JOHN COLLINS
WHEREAS, John Collins has served on the Park and Recreation Advisory Board from
February, 1997 to February, 2002; and
WHEREAS, John Collins has unselfishly contributed many hours of service to the City
of Shakopee while serving on the Park and Recreation Advisory Board.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the
residents of Shakopee and on behalf Park and Recreation
does hereby extend to John Collins the deep appreciation that the Shakopee City Council d on of the
y
City for his years of civic interest and dedicated service to the community.
Adopted in Regular Session of the City. Council of the City of Shakopee, Minnesota, held
this 2nd day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 5684
A RESOLUTION OF APPRECIATION TO BOB ZIEGLER
WHEREAS, Bob Ziegler has served on the Community Access Corporation from
January, 1991 until February, 2002; and
WHEREAS, Bob Ziegler has unselfishly contributed many hours of service to the City of
Shakopee while serving on the Community Access Corporation.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the
residents of Shakopee and on behalf of the Community Access Corporation and City staff, that
the Shakopee City Council does hereby extend to Bob Ziegler the deep appreciation of the City
for his years of civic interest and dedicated service to the community.
Adopted in Regular.Session of the City Council of the City of Shakopee, Minnesota, held
this 2nd day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 5685
WHEREAS, Ken Scannell has served on the Community Access Corporation and the
Cable Communications Advisory Commission from January, 1992 until February, 2002; and
WHEREAS, Ken Scannell has unselfishly contributed many hours of service to the City
of Shakopee while serving on the Community Access Corporation and the Cable
Communications Advisory Commission.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the
residents of Shakopee and on behalf of the Community Access Corporation, the Cable
Communications Advisory Commission and City staff, that the Shakopee City Council does
hereby extend to Ken Scannell the deep appreciation of the City for his years of civic interest and
dedicated service to the community.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
this 2nd day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE #
Memorandum ®� {{c� ��++ p y
1a CoPi T it
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg voxland, Finance director
RE: City Bill List
DATE: March 28, 2002
Introduction and Background
Attached is a print out showing the
di2002on budget status for
2002 based on data entered as of 4/01
/ 0 /
Attached is a regular council bill list for invoices processed
to date for council approval.
Also included in the checklist are various refunds, returns,
pass through,
etc. totaling $26,374.86. The actual net expense
amount is $336,938.
kct on Rectu ested in the amount of $ 363,313.
Move to approve the bills
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JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337 -9209
email: jthomson&— edy-g- ven-com
TO • Mayor and City Council
FROM: Jim Thomson, City Attorney
DATE: March 27, 2002
RE: Tobacco License Hearings
sales The City Council has scheduled the hearings regarding the ve been sent to p roducts
he four 1� ensees a�e
April 2, 2002 at 7:00 p.m. Copies of the notices that ha
attached to this memorandum for your reference.e Th as purpo ult o f
viol heari is tocdeter on
whether action should be taken against the llcens
October 27, 2001.
des that the first violation is punisha r than 10 days. p enalty
A se $ 200 and
The tobacco ordinance provind violation
a suspension of the license for a minimum of 1 day but no m
and a suspension of the
within any 36 -month period is punishable by a civil penalty hud violation within any 36 -month
license for a minimum of 1 day but no more than 20 days.
pe
riod is punishable by a civil penalty of $1,000 and a suss ofmvolves licen fir t offenses Th
30 days or a revocation of the license. The SuperAmenc hearing
Budget Liquor, Food `n Fuel, and Oasis Market hearings involve second offenses.
I will be on vacation next week, and Karen Cole will be attending the meeting in my absence. I
recommend that the following procedure be used for conducting the hearings:
1.
will give a preliminary inary statement setting forth the p urp ose
Counc of her the As pan
the City summary of the penalties that can be unposed by
preliminary statement, she will inform the licensees th viol atio n when ccurred m
requestin c all e d, t hey the
have the option of either admitting that the
If they admit
opportunity to challenge the violation. ht feel applicable o be
them. If they
describe any extenuating circumstances that they mfg
JJT- 21206
SH155 -23
request a hearing, the hearing will be conducted that evening after the City Council deals
with the other licensees who have admitted the violations.
Z.
After Karen has made her preliminary statement, the Mayor should ask if anyone has any
questions regarding the procedure that is going to be followed.
representative of the licensee it e o
3 _ Karen will then call the first case. The f the
podium. The Mayor should ask the licensee whether they a the oat on
p lain any
licensee admits the violation, they should be given the opportunity to ex
extenuating or mitigating circumstances. If the a °ustl l the Council
onet
needs to decide whether it wants to impose suspension longer
minimum.
4. In deciding the length of the suspension, the City Council can consider any factors it
believes to be relevant.
5. For those licensees who request a hearing,
Karen will summarize the particular facts of
the violation as set forth in the police report. We will then alsoo possible that the police rt cer
t o present any facts they would like to present. P
who was involved with the incidents will be asked to provide information on the violation.
6. After the hearing is completed, the City Council will then make a decision as t to of t t civil
violation occurred and, if so, the length of the license suspension. The a
penalty is set forth in the Ordinance.
Karen will be prepared to answer any questions regarding the hearings.
JJT- 212066v
SH155 -23
crrY OF SHAKOPEE
N CE F i G G � NS
N OF TOBACCO G
Certified Mail
TO: Twin Cities Stores, Inc. dba
Oasis Market
615 South Marschall Load
Shakopee, MN 55379
ill be held before the City Council of the City f
Please take notice that a hearing w ee City Hall, 129 South Holmes Street,
Shakopee in the City Council Chambers, Shakop
pril 2, 2042. The purpose of the hearing is to de
Shakopee, Minnesota at 7:00 . . on A
whether action should be taken against your license as a result of an alleged violation occurring
that
on or about October 27, 2001 regarding sales of tobacco products to a minor. The penalty of
will be imposed for a first violation of the City's `regulations is a fine of $200 and a suspension
f'. malt that will be
your license for a minimum of one day and no more than 10 days. The p enal t y
d for a second violation at the "same premises within a 36 -month period is a fine of $500
Impose ,
and a suspension of your license for not less one day and no more than 20 days. The
p
penalty that well
be imposed for a third or subsequent violation at the same premises within a 36-
month period is a fine of $1,000 and a suspension of your license for not less than 30 day
within
revocation of your license. According to the records of the City, this is your 2 n violation
a 36 -month period of time. Your last violation was in December, 1998.
You are notified that you have the right to appear at the hearing and present evidence as
f
to whether a violation occurred. You may be represented by an attorney o your choice and to
call witnesses on your behalf.
If you do not appear
at the hearing you will be deemed to have waived your right to
present evidence on your behalf.
Dated: March 11, 2002.
By Order of the Shakopee City Council
Judith S. Cox, City Clerk
129 South Holmes Street
Shakopee, MN 55379
Telephone: 445 -3650
JJT- 21132
SH155 -23
Certified Mail
TO: SuperAmerica 94035
1155 East 1 Avenue
Shakopee, MN 55379
Please take notice that a hearing will be held before the City Council of the City of
Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street,
Shakopee, Minnesota at 7:00 p.m. on April 2, 2002. The purpose of the hearing
is to determine
whether action should be taken against your license 'as a result of an alleged violation occurring
001 regarding sales of tobacco products to a minor. The penalty that
on or about October 27, 2
will be imposed for a first violation of the City's regulations is a fine of $200 and a suspen- 1 be
your license for a minimum of one day and no more than 10 days. The penalty e of $500
imposed for a second violation at the same premises within a 36 -month period is a fin
and a suspension of your license for not less than one day and no more than 20 days. The penalty
that will be imposed for a third or subsequent violation at the same premises within a 36-month
period is a fine of $1,000 and a suspension of your license for not less than 3®h a
in
revocation of your license. According to the records of the City, this is your 1st viola tion with
a 36 -month period of time.
You are further notified that you have the right to appear at the hearing and present
evidence as to whether a violation occurred: You may be represented by an attorney of your
choice and to call witnesses on your behalf. deemed to have waived your right to
If you do not appear at the hearing you will be
present evidence on your behalf.
Dated: March 11, 2002.
By Order of the Shakopee City Council
Judith S. Cox, City Clerk
129 South Holmes Street
Shakopee, MN 55379
Telephone: 445 -3650
JJT- 211323v
SH155 -23
�
Certified ail
TO: Twin Cities Avanti Stores LLC dba
Food `n Fuel
234 West 1 Avenue
Shakopee, MN 55379
Please take notice that a hearing will be held before the City Council of the City of
Shakopee in the City Council Chambers, Shakopee City Hall,
129 South Holmes Street,
Shakopee, Minnesota at 7:00 p.m. on April 2, 2002. The purpose of the hearing is to determine
whether action should be taken against your license as a result of an alleged violation occurr
on or about October 27, 2001 regarding sales of tobacco products to a minor. The penalty that
of
will be imposed for a first violation of the City's regulations is a fine of $200 and a suspe
your license for a minimum of one day and no more than 10 days. The penalty that perio will 500 be
i mposed for a second violation at the same premises within a 36 -month Pe days. s The penalty
and a suspension of your license for not less than one day and no more than y
that will be imposed for a third or subsequent violation at the same premises within a 36- month
period is a fine of $1,000 and a suspension of your license for not less than 30 days o s
revocation of your license. According to the records of the City, this is your 2 violation within
a 36 -month period of time. Your last violation was in July, 2001.
You are further notified that you have the right to appear at the hearing and present
evidence as to whether a violation occurred. You may be represented by an attorney of your
choice and to call witnesses on your behalf
If you do not appear at the hearing you will be deemed to have waived your right to
present evidence on your behalf.
Dated: March 11, 2002.
By Order of the Shakopee City Council
Judith'S. Cox, City Clerk
129 South Holmes Street
Shakopee, MN 55379
Telephone: 445 -3650
JJT- 211323v
SH155 -23
CITY OF 1
N OF 11
Ik 1 OF O s O
Certified Mail
TO: Budget Liquor dba
Budget Wine & Spirits
6269 Highway 101
Shakopee, MN 55379
Please take notice that a hearing will be held before the City Council of the City of
Shakopee in the City Council Chambers, Shakopee City Hall, 129 South Holmes Street,
Shakopee, Minnesota at 7:00 p.m. on April 2, 2002. The purpose of the hearing is to determine
whether action should be taken against your license as a result of an alleged violation occurring
on or about October 27, 2001 regarding sales'of tobacco products to a minor. The penalty that
will be imposed for a first violation of the City's regulations is a fine of $200 and a suspension of
your license for a minimum of one day and no more than 10 days. The penalty that will be
imposed for a second violation at the same premises within a 36 -month period is a fine o f $
and a suspension of your license for not less than one day and no more than 20 days. The penalty
that will be imposed for a third or subsequent violation at the same premises within a 36 -month
period is a fine of $1,000 and a suspension of your license for not less than 30 days or a
revocation of your license. According to the records of the City, this is your 2 violation within
a 36 -month period of time. Your last violation was in August, 1999. and resent
You are further notified that you have the right to appear at the he
anng p
evidence as to whether a violation occurred: You may be represented by an attorney of your
choice and to call witnesses on your behalf.
If Y ou do not appear at the hearing you will be deemed to have waived your right to
present evidence on your behalf.
Dated: March 11, 2001.
By Order of the Shakopee City Council
Judith S_ Cox, City Clerk
129 South Holmes Street
Shakopee, MN 55379
Telephone: 445 -3650
JJT- 211323v
SH155 -23
TOBACCO VIOLATIONS
November 21, 1997 violations occurred. (Past 36 months for penalty purposes.)
November 10, 1998 City Council imposed civil penalties as follows:
1. Bret -Becca Inc. dba/Pullman
$200 administrative fine and a 10 day suspension
2. Shakopee Council 1685 Home Association dba/Knights of Columbus
$200 administrative fine suspended for 1 year - told Council not renewing license
3. Tom Thumb 9250
$200 administrative fine and 1 day suspension
4. Berens Market
$200 administrative fine and 1 day suspension
5. Superamerica #4035
$200 administrative fine suspended for 1 year and
1 day suspension suspended for 1 year
6. Keohnen's Amoco
$200 administrative fine suspended for 1 year and
1 day suspension suspended for 1 year
7. Corp -Tool Inc. dba/Arnies Friendly Folks Club
$200 administrative fine - has no current license
8. Shakopee Eagles
$200 administrative fine suspended for 1 year - told Council they are no longer
selling and will not be renewing license)
9. Kmart 99638
$200 administrative fine of which $100 was suspended for 1 year and 1 day suspension
10. Hennen's ICO
$200 administrative fine and 1 day suspension
December 12, 1998 violations occurred.
May 4, 1999 City Council imposed civil penalties as follows:
L Total Mart Store, 234 West 1st Avenue
$200 administrative fine and a 3 day suspension
Z. Twin Cities Stores, Inc., Oasis Market, 1147 Canterbury Road
$200 administrative fine and a 3 day suspension
3. Kmart, 1200 Shakopee Town Square
$500 administrative fine and a 20 day suspension
(2nd violation)
August 13, 1999 violations occurred.
October 19,1999 City Council imposed civil penalties as follows:
1. Tom Thumb 4250, 590 S. Marschall Road (2 violation)
$500.00 administrative fine and a 15 day suspension
2. Canterbury Park Concessions, Inc., 1100 Canterbury Road
$200.00 administrative fine and a 3 day suspension
3. Budget Liquor, 6268 Highway 101
$200.00 administrative fine and a 3 day suspension
4. Koehnen's Amoco, 804 East 1st Avenue (2 violation)
$500.00 administrative fine and a 15 day suspension; plus, imposed the
$200.00 administrative fine and a 1 day suspension that was suspended on 11/10/98.
December 15, 2000
Tobacco checks were conducted on tobacco venders in Shakopee. 29 out of 29 venders passed.
Stonebrooke of Shakopee Inc. and Raceway Park were not checked due to the seasonal nature of
their business.
July 30, 2001 violation occurred
December 4, 2001 Council imposed civil penalties as follows:
1. Twin Cities Avanti Stores LLC dba Food n fuel, 234 West 1S Avenue
$200.00 administrative penalty
10 day suspension
(First violation under new ownership.)
i:\clerk\jeanette\licenses\tobavioI
M W
CITY OF SHAKOPEE
Memorandum
CASELOG NO.:
im
SUBJECT:
02 -024
Mayor and City Council
Mark McNeill, City Administrator
Mark Noble, Planner I
MIXIAM
U ; ; '�% `
Amendment to the Zoning Map — Rezone property from Agricultural
Preservation (AG) Zone to Urban Residential (R -1B) Zone
MEETING DATE: April 2, 2002
INTRODUCTION:
Tollefson Development, Inc. has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation G) west of Evergreen
property is located south of Newport Avenue (Providence Pointe development),
Lane and east of County Road 79. Both the adopted Comprehensive Plan and draft Comprehensive
Plan guide this area for Single Family Residential development.
PLANNING COMMISSION RECOMMENDATION:
At its March 21, 2002, meeting, the Planning Commission took public testimony and reviewed this
to rec request. After review and discussion, motion ference is ca opy of the Mar h 21r200 memorandum
approved unanimously. Provided for your
to the Planning Commission.
ALTERNATIVES:
1. Approve the request to rezone property from Agricultural Preservation (AG) Zone to
Urban Residential (R -1B) Zone.
2. Deny the request to rezone property from Agricultural Preservation (AG) Zone to Urban
Residential (R -1B) Zone.
3. Table the decision and request additional information from the applicant and/or staff.
ACTION REQUESTED: rovin the re uest to rezone
Offer and approve a motion to approve Ordinance No. 624, app g q
property from Agricultural Preservation (AG) Zone to Urban Residential (R -1B) Zone.
Mark Nob
Planner I
g: \cc\ 2002 \04- 02\reztolefsn- chme.doc
WHEREAS, Tollefson Development, Inc., applicant and property owner, has requested
the rezoning of land from Agricultural Preservation (AG) Zone to Urban Residential (R -1B)
Zone;
WHEREAS, the subject property is legally described as follows:
The South one -half of the Northwest Quarter of Section 18, Township 115, Range 22,
Scott County, Minnesota.
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on March 21, 20021, at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the City Council heard the matter at its meeting of April 2, 2002, and found
that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City
within which it is located.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Agricultural Preservation (AG) Zone to Urban
Residential (R -1B) Zone.
Section 2 - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of 72002.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of
2002.
CITY OF SAKOPEE
Memorandum
CASELOG NO.: 02 -024
TO: Shakopee Planning Commission
FROM: Mark Noble, Planner I
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preserve (AG) to Urban Residential (R -1B)
MEETING DATE: March 21, 2002
REVIEW PERIOD: January 31 — May 31, 2002
Site Information:
Applicant: Tollefson Development, Inc.
Property Owner: Tollefson Development, Inc.
Location: South of Newport Avenue (Providence Pointe), west of Evergreen Lane
and east of County Road 79
Adjacent Zoning: North: Planned Residential
d tial District ( (P R D) l Residential (RR) Zone
South: Agri
East: Urban Residential (R -1B) Zone
West: Jackson Township
MUSA: The site is within the current MUSA boundary.
Acreage: 77.31 acres
1995 Adopted Comp. Plan: Single Family Residential
Draft Comp. Plan: Single Family Residential
INTRODUCTION:
Tollefson Development, Inc. has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation (AG) to Urban Residential (R -1B) Zone. The property is
located south of Newport Avenue (Providence Pointe), west of Evergreen Lane and east of County
Road 79 (Exhibits A & B). Both the approved 1995 Comprehensive Plan and the draft
Comprehensive Plan guides the property for single family residential development.
The City's Comprehensive Plan sets basic policies to guide the development of the City. The
purpose of designating different areas for residential, commercial, and industrial land uses is to
promote the location of compatible land uses, as well as to prevent incompatible land uses from
being located in close proximity to one another. The Zoning Ordinance is one of the legal means by
which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to
conform with a city's comprehensive plan.
The proposed rezoning is consistent with the adopted land use plan. Exhibits C and D provide a
listing of the uses, both permitted and conditional, that are allowed in the Agricultural
Preservation (AG) and Urban Residential (R -113) Zones. Copies of the land use plans are
available for viewing at City Hall and will be made available at the March 21, 2002 meeting.
If this rezoning request is approved, the applicant may proceed with an application to request a
Planned Unit Development (PUD) Overlay for this property. A formal application has not been
submitted yet, although the applicant has had a PUD Concept Review with the Planning
Commission (February 7, 2002 meeting). a
ting B Zone nd has plan ated that the development of
ant s very
aware of the design standards of the
property would comply with those standards.
The City Clerk has commented that the request should be consistent with the approved
comprehensive plan, that the development should be consistent with land adjacent to the south
and east, and that the development should not exceed 5 dwelling units /acre.
Shakopee Public Utilities has commented that municipal water service, underground electric
service and street lighting installation is available to the subject property, provided the
installation of these services are in compliance with their standard terms and conditions.
Scott County Environmental Health Department has commented that the subject property may
require an Environmental Review of some sort prior to proceeding with any specific
development proposal according to the Environmental Quality Board (EQB): Minnesota Rules,
Chapter 4410, 4410.4300, subpart 19. The above regulation states that review would be
necessary if the development consists of 250 unattached units or 375 attached units in a city
within the 7 county metro area that has adopted a comprehensive plan under Minnesota Statutes,
section 473.859.
FINDINGS:
In granting a Zoning Ordinance Amendment, the Planning Commission and/or the City Council
must find that one or more of the following criteria exist. Those criteria are listed below with
proposed findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original zoning ordinance is not in error.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have not taken place relative
to the subject property.
Criteria #3 That significant changes in City -wide or neighborhood development patterns
have occurred; or
Finding #3 Development of the subject property for residential use will be consistent with
desired development patterns for this area of the City.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The requested zoning is consistent with the adopted and proposed Comprehensive
Plan land use map.
ALTERNATIVES:
1. Recommend to the City Council the approval of the request to rezone the subject property,
from Agricultural Preservation (AG) to Urban Residential (R -1B).
2. Do not recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation (AG) to Urban Residential (R -1B).
3. Continue the public hearing and request additional information from the applicant or staff.
4. Close the public hearing, but table the matter and request additional information.
STAFF RECOMMENDATION:
Staff recommends Alternative No. 1, recommend to the City Council the approval of the request to
rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R -1B).
g:\boaa-pc\2002\03-21\rztolfson-cheme.doc
E
Zoning Boundary
Parcel Boundary
§11.22
SEC. 11.22. AGR ICULTURAL PRESERVATION ZONE (AG).
of the agricultural preservation zone is to preserve and promote
Subd Pu ° M The purpose of the City which are suitable for such use, to prevent scattered
agriculture in the unsewered area to prevent premature expenditures for such public services as
and leapfrog nonfarm grow a
roads, sewer, water, and police and fire protection.
Subd
permitted =s---- Within the agricultural preservation zone, no structure or land shall be
used except for one or e of the following uses:
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce stands;
E. wing academies;
F. utility services;
G. public recreation;
H. public buildings;
1. day care facirdes serving twelve (12) or fewer persons;
J. adult day
care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1.
serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
g, have outdoor leisurelrecreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
the total indoors ace available for use by participants must equal at least
4. p and each day care staff
fort) (40) square feet for each day care participant
member present at the center. When a space available located use by
multifunctional organization I the required ser it determining the
participants is maintained white the center
available, operating- center must not count:
square footage of usable indoor spa
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
M ® ,.,,;,® a In 1996 1111
E)OA%SIT
HM
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
J group family day care facilities serving fourteen (14) or fewer children; or
K.
residential facilities serving six (6) or fewer persons.
Subd. 3. Conditional Uses. Within the agricultural use Permit: preservation zone, no structure or land shall be
used for the following uses except by conditional
which include yards, lots, pens, buildings, or other areas or
A. commercial feedlots,
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
B (Deleted, Ord. 501, September 18, 1991)
C. retail sales of nursery and garden supplies;
D. cemeteries;
E. churches and other places of worship; specifically
F. agricultural research facility which e refacilities of agricultural crops inc
purpose of conducting res kcal excludes
research aimed at developing plant varieties. This term specifically
research regarding the development or research of soil conditionmental ferti or ng of
other chemical additives placed in or on the soil or for the expe
animals;
G.
animal hospitals and veterinary clinics;
}{, kennels. A kennel is any premise ded which d more
r off ffered for sale; domestic animals,
over six (6) months of age, are r
1. public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12, or any portion
thereof;
J. commercial recreation, minor,
K. utility service structures;
L. day care faclities serving thirteen (13) through sixteen (16) persons;
M. adult day
care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1 SerVe9*teen (13) or more persons;
p ne revised in 1997
1112
OW
§11.22
2. Provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisurelrecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
the total indoor space available for use by participants must equal at least
fourty (40) square feet for each day care participant
4. and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
squ foot g us sa abbl d indoor pace available, a center determining
er must notco the
square footage of
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a m ultifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
S. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements; (Ord. 482, May 15,1997)
N . residential facilities serving from seven (7) through sixteen (16) persons;
®. wind energy conversion systems or windmills;
P. relocated structures;
Q. structures over two and one -half (2 -1/2) stories or thirty -five (35) feet in height;
_ er lot; or
R. developments containing more than one (1) principal structure p
other uses similar to those permitted by the subdivision, upon a determination by
S. Appeals, may be allowed upon the issuance of a
the Board of Adjustment and App
Conditional Use Permit. (Ord. 528, October 29,1998)
Subd.4. permitted IAccesso Uses.
shall be permitted accessory uses:
machinery and structures necessary to the conduct of agricultural operations;
13
Within the agricultural preservation zone the following uses
B. garages;
poge rsvised in 1998 1113
1§1122
C. fences;
D. recreational equipment;
E. stables;
F. swimming pools:
G. solar equipment;
R, tennis courts;
i. receive only satellite dish antennas and other antenna devices;
Lions contingent upon approval of a home occupation permit; or (Ord.
J. home occupy
501, September 18, 1997)
K. other accessory uses, as determined by the Zoning Administrator.
Subd. 5 t in conformance with the following requirements:
. Desi n Standards. Within the agr preservation zone, no land shall be used, an
no structure shall be constructed or used, ex
A. Maximum density: one dwelling perforty (40) acres.
B. Lot specifications:
Minimum lot width: 1000 feet.
Minimum lot depth: 1000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rear yard setback: 40 feet.
C. Maximum height: Thirty -five (35) feet. Grain elevators, barns, slos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd. S. Additional R uimments. 20 feet for at least 50% of their
A. Ali dwelings shall have a depth of at least twenty ( )
width. All dwellings shall have a width of at least twenty (20) f eet for at least 50% of
their depth. All dwellings shall have a wi the Minnesota
permanent foundation in conformance
B. Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord.
State Building Code.
279, December 1,1989; Ord. 304, November 7,1991; Ord. 377, July 7, 1994; O
435, November 30, 1995)
SEC. 1123. Reserved-
M. nyvisod in 1997
1114
§11.28
All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 377, July 7,;1994; Ord. 435, November 30,1995)
SEC. 1127. Reserved.
SEC. 1128. URBAN RESIDENTIAL ZONE (R -IB).
Subd 1 Pu_roos The Purpose of the urban residential zone is to provide an area for residential
development where public sanitary sewer and water are available.
S
ubd. 2. Permitted Uses. Within the urban residential zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. single family detached dwellings;
B. existing single family attached dwellings;
C. existing two (2) family dwellings;
D. public recreation;
E. utility services;
F. public buildings;
G. day care facilities serving twelve (12) orfewer persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisurelrecreation areas located and designated to minimize
Visual and noise impacts on adacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization I the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a, hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
®a9® revised to 1997 1129
§11.28
b.
more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
I, group family day care facilities serving fourteen (14) or fewer children;
J. residential facilities serving six (6) or fewer persons; or
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section. (Ord. 496, August 21, 1997)
Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land shall be used
for the following uses except by conditional permit:
A. churches and other places of worship;
B. (Deleted, Ord. 501, September 18, 1997)
D. cemeteries;
D, public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utility service structures;
G. day care facilities serving thirteen (13) through eDdeen (16) persons;
H. adult day care centers as permitted uses, subject to the following conditions: the
adult day centers shall:
1, serve thirteen (13) or more persons,
2 provide proof of an adequate water and sewer system N not served by
municipal utilities;
3. have outdoor leisuretrecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
page revised in 1997
1130
Ele"M
§11.28
4. the total indoor space available for use by participants must equal at least
f (40) square feet for each day care par ti c ipant and each day care staff
member present at the center. When a center is located in a
multifunctional org anization, the h if the required space available for use y
the mu ltifunctional organization
participants is of u ai b while space available, a center must determining
square footage of u
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5, provide proof of state, federal and other governmental licensing agency
approval; and
6, comply with all other state licensing requirements. (Ord. 482, May 15,
1991)
1, residential facilities servicing from seven (7) through so een (16) persons;
J. relocated structures;
nd one -haft (2 -1/2) stories or thirty -five (35) feet in height;
K. structures over two a
developments containing more than one (1) principal structure per lot; or
the subdivision, upon a determination by
M. other uses similar to those perAp Appeals, may be allowed upon the issuance of a
the Board of Adjustment and App
C Use Permit. (Ord. 501, September 18, 1997; Ord. 528, October 29,
1998)
urban residential zone, the following uses shall
Su
b 4. Permitted Acce ss° _Uses. Within the
be permitted accessory uses.
A. garages;
B. fences;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
E.
communication service a pparatustdevice(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co-located on an existing tower or an existing structure;
page revised in 1898 1 131
§11.28
must not exceed 175 feet in total height (including the extension of any
2.
communication service devices) apparatus);
fights and/or flashing equipment shall not be permitted unless required by
3.
state or federal agencies;
4.
service
signage shall not be allowed on the communication signs;
other than danger or warning type
devices) /apparatus
5,
must provide proof from a professional engineer that the equipment will not
for public safety purposes;
interf ere with existing communications
shall be located and have an exterior finish that minimizes visibility off -site
g,
to the maximum extent possible;
provisions of the City Code, including the provisions of the State
7.
applicable
Building Code therein adopted, shall be complied with;
S.
all obsolete or
12 and
of he c essation of operations at the
within twelve onths
be removed ( ) roved b the City. After the facilities are
is app y
time xt
site unless a time extension
removed, the site shall be restored to its original or an app roved state. The
accessory facilities shall be
user of the tower and/or accompanying
responsible for the removal of facilities and restoration of the site;
th applicant shall submit a plan illustrating all anticipated future location
communication
g,
sites for communication towers and/or
devices(s) /apparatus;
10.
and antennas
wireless telecommunication foliowitowers conditions exist anld only ifi those areas e are
9
f City parks when th e
recommended by the Parks and Recreation Advisory Board and app roved
by the City Council:
® City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
commercial recreation areas and major playfields used primarily by
®
adults;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers an d h antennas
9 should be transferred to the Park
Reserve Fund; (Ord.
F. swimming pools;
G. tennis courts;
ns contingent upon approval of a home occupation permit; (Ord.
home occupatio
501, September 18,1997)
f, solar equipment; or
pe9e revised in 1997
1139
wz���
§11.29
J. other accessory uses, as determined by the Zoning Administrator.
Subd. 5. Desi n Standards. Within the urba conformance with the following requirements
l�and no
structure shall be constructed or used, except i
A, Maximum density: five (5) dwellings per acre. Streets shall be excluded in
calculating acreage.
B. M impervious surface percentage: 50
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(existing two dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Sub 6. Additional Re uirements.
All dwellings shall have a depth width of at (2 feet for at
(20) feet for t east 50%� o
width. All dwellings shall have a f
their depth.
B. All dwellings shall have a permanent foundation in conformance w 1981 Ord. 159,
State Building Code. (Ord. 31, October 25,1979; Ord. 60, May 14,
February
28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30,1995)
SEC. 1129. Reserved.
r"s® ,yea in 1997 1133
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Comprehensive Plan/Land Use Plan to Re -guide Property
from Rural Residential to Single - Family Residential
MEETING DATE: April 2, 2002
APPLICATION DATE: January 31, 2002
60 -DAY REVIEW: April 1, 2002 CExtended 60 days by letter dated February 4, 2002 to
May 31, 2002) '
CASE LOG NO.: 02 -023
Tollefson Development has acquired an interest in Outlot A, Horizon Heights e Addition, and wishes to
t 97.8 acres in size. The
develop the property as sewered single - family lots. The J p m ntSanduMUSA extended to allow
applicant seeks to have the property guided for single develo
y p has indicated that it
the provision of sanitary sewer service from the City of Savage. s ATl i�time, Neld a developmen density
would be able to provide service to about 130 single - family
of about 1.3 dwelling units per acre.
Attached to this memorandum for the Council's information is a copy of the staff report provided to the
Planning Commission for its March 21, 2002 meeting.
ALTERNATIVES:
1 _ Offer a motion approving the requested re- guiding from Rural Residential to
by t e
Residential, with direction to staff to 1) prepare a resolution with g or adoption
Council on April 16, 2002, 2) submit the amendment for Metropolitan Council Review, 2)
negotiate, for adoption by the City Council, a joint powers agreement with the City of Savage for
sanitary sewer service for adoption by the City Council, and 3) work with SPUC and the City of
Savage as they negotiate a water services agreement. al
2. Offer a motion denying the requested re- ui are resolution with efindings for ad by the
R esidential, with direction to s t a ff to prep
Council on April 16, 2002,
I Table the matter, and request additional information.
. NNING COMMSSION RECONEWENDATION:
At its March 21, 2002 meeting the Planning Commission held a public hearing on the subject request.
During the public hearing, the Commission heard from the following individuals regarding the subject
request. What follows is a brief summary of the comments received, and is not intended to supplant
the actual record.
• Matt Weiland/Tollefson Development in support of the request;
• Dave Brown, representing the property owner - in support of the request;
• Ralph Goode, owner of 32 acres on the east side of CSAH 18 — concerned that
approval would result in any future extension of services to his property and/or
increased costs;
• Curt Olson, resident of Horizon Heights — oppose change without a closer
examination of what the potential impacts;
• Bri Connelly, resident of Horizon Heights — concerned about extent of tree removal
that would take place, density of the development, and possible impacts on CSAH 16
traffic or roadway alternatives;
• Gary Eckhart, resident of Horizon Heights — oppose change, and would prefer to see
the property developed under Rural Residential Zone;
• Kathy Gerlach, 4855 Eagle Creek Boulevard — Concerned about possible drainage
impacts, and change being approved prior to completion of 2002 Comprehensive Plan
Update process.
After the conclusion of the public hearing, by a vote of 5 -0, the Commission recommended to the
City Council the approval of requested amendment t a ow the e berty property
be se served with sanitary
residential development, and extension of MUSA to pro
p
sewer by the City of Savage.
Offer a motion consistent with Council's wishes.
R. Michael Leek
Community Development Director
g: \cc\2002 \0402 \. compplantollefson. doc
Memorandum
mXETING DATE: March 21, 2002
CASE LOG NO.: 02 -023
1 -1►M -M � 1 �
Tollefson Development has acquired an interest in Outlot A, Horizon Heights 4' Addition, and wishes to
develop the property as sewered single - family lots. The subject property is about 97.8 acres in size. The
applicant seeks to have sanitary sewer service extended from the City of Savage. At this time, Savage has
indicated that it would be able to provide service to about 130 single - family lots. This would yield a
development density of about 1.3 dwelling units per acre.
Applicant: Tollefson Development, Iinc. !
property Owner: Steven D. Muhlenhardt
Location: South of CSAH 16; west of the City of Savage; north ofthe City of Shakopee;
and east of CSAH 18
Adjacent Zoning. North: Rural Residential (RR)
South: City of prior Lake
East: City of Savage; single - family residential
West: Rural Residential (RR)
MUSA: The site is not within the current MUSA boundary.
�NIRO DUCTION:
Tollefson has requested that the subject property be re- guided from Rural Residential (RR) to Single -
Family Residential (Rl -B), and that the City of Shakopee enter into an agreement to allow the City of
Savage to provide sanitary sewer service to the property.
n
The subject property abuts an area of the City of Savage where sewered, single - family development is
occurring. Thus , a sewered development on the subject . property would seem to result in a more
harmonious land use transition to the neighboring community. Because of the nearby sewered
development, demand for sewered development in Shakopee seems also to be on the rise. However, the
geography of this area of the City indicates that it will be some years before City sewer service would be
extended to the site.
The City of Savage has indicated that it would have the capacity to serve no more than about 168p Y
This would result in a very-low density development, about 1.7 dwelling units per acre. The topography
of the subject property, coupled with the tree cover located on it, suggest that it will be a very desirable
site for higher -end, single - family lots. Should the applicant's proposal move forward, it will be important
that they work closely with the Environmental Advisory Committee and Park and Recreation Advisory
Board on issues related to tree and open space preservation, and park dedication and/or development.
The applicant has held a number of meetings with Savage planning staff and Shakopee city staff. Inthosse
meetings the City of Savage has indicated a willingness to provide sanitary property,
sewer service to this
and that it has capacity to serve up to about 130 single- family lots on the property.
City staff has consulted with Tom Caswell, Metropolitan Council staff who has indicated his belief that
the following would be required;
• An intercity sanitary sewer agreement;
• Review of the land use plan amendment for the City of Shakopee by the Metropolitan Council;
and
• Review of a sewer plan amendment for the City of Savage by the Metropolitan Council.
Mr. Caswell also indicated that, since the property would be served with sanitary sewer by the City of
Savage, that 98 acres would likely not be charged against the City of Shakopee's MUSA allocation.
In addition to the above, an agreement will need to be negotiated between the City of Savage and the
Shakopee Public Utilities Commission (SPUC).
The following review comments have been submittedby' other agencies;
The Prior Lake Spring Lake Watershed District has commented that prior to any construction, a
full review an d permit from the District would be required.
The Scott County Highway Department has commented that it should review specific plans for
development as they come forward.
A S:
1. Recommend to the City Council the approval of the
q � re-guiding a mendment for Metropolitan
to Single - Family Residential, with direction to staff Bement wi the
Council Review, 2) negotiate for adoption b the Ci ty ) Council, a joint p owers
2
City of Savage for sanitary sewer service for adoption by the City Council, and 3) work with
SPUC and the City of Savage as they negotiate a water services agreement.
2. Recommend to the City Council the denial of the requested re- guiding.
3. Table the matter, and request additional information.
Staff recommends Alternative No. 1.
Offer and pass a motion recommending to the City Council the approval of the requested re- guiding from
Rural Residential to Single - Family Residential, with direction to staff to 1) submit the amendment for
Metropolitan Council Review, 2) negotiate, for adoption by the City Council, a joint powers agreement
with the City of Savage for sanitary sewer service for adoption by the City Council, and 3) work with
SPUC and the City of Savage as they negotiate a water services agreement.
d
R. Michael Leek
Community Development Director
g: \boaa- pc\2002 \0321 \_compplantollefson. doc
3
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CIITY OF O.
MEM
To: pl ann i ng Comnu ' sion
Michael Leek, Community Development Director
From: Mark J. McQuillan, Natural Resources Director
Subject: Staff Plan Review
Date: June 4, 2001
R e: Comp. Plan A to Regui M Property P - 27- 924013 -
• ' 1 ? 1.
T E INVENTOR Y lan to do a tree
1 received a call from the developer's engineer who i d y not have a tree preservation
inventory of the entire parcel. e was surprised the city
ordinance. Trees encompass 50% of the parcel. Most of the trees are located to the north
where it is hilly.
M' ' �'
CITY OF SHAKOPEE
rrn�
nr�
1/lb.il Yl V d!L 11 V Bl V lYl CONSENT
To:
"F"rom:
Subject:
LQLC:
Mayor and City Council
i , A4,,Neiil, City Ad - strator
1! F rl A f !� 1 T? T!' •c +
lV -ark ltll Q uillall, l�V a�bii ai l \L+sVt.7.l Ve lJii L/6lLL
Metropolitan Council's City Assisted Lake Monitoring Program for Dean
- a
-aice
Tc , -„1. 1 1 1 7 ' W
1V1GLL%Al
INTRODUCTION
�, nl the 14l t-ns,nlilnr+
�C' t fl, 4 nil rvvur Lv parttic ° L ul EuL lvi ° v6iVtlVULU 12
State i requesL113 the . i!y ei 1V dl s u�ap T 1
•la t /1 nin4a�1 T nl 1!/l * 4ns - +r+r* Tarn mnm r T�
VV Ud1V 11 J t+llY !'1sJ1 e L U1�L+ lYlViL'LV 1111 d 1V�rGd =L' rv/ 1J ° veil r�ar�v
BACKGROUND r � �_ d d e lnl>m an
'T'1, >� x+aaysgnnm n- F(�3# - <r Annin4a� T nl>® 11/(nrs %tn�^iva�s T1rn�arrnm
Th e i✓e11 p.3V JV vi +,.1L r�JJrow T ale 1vlViuwtul� _ rV 1eLa31 ` �.lzivit l aS LV pry v2LLL. luny+ ULdLL
watershed managers with good lake quality data as well as involve local interested c7 eat J
V 61Ledls. Accor A tV l�✓iet �V uiiv u ii v irviuil °viltai I Ili V R andail AI ° liiviil, tiSis 7
monitoring will involve 118 lake sites in 14 sponsor watersheds, seven sponsoring cities
CLi1LL 6v o J�{JV1LJVlallg VV
Met Council staff will train citizen volunteers in collecting water samples for credible
�ln4n Tl,a nnn,s,lis,rr s,rnm^nm iv+ <rn
1 <ron n11mn+ n nnms
ton - �%•ns„ tl,® lnlrm Haas ^�+ana nk 1,i_
LLULU. 1 21V JU111�.11112� F,J2 V �2 Ulri ild tl V d V 6JJ V V 311�V Llil� JUrll{J 1V J 13 V ldl L13V lUl \V JLLL lUVV
weekly intervals throughout the summ er (mid April — mid October) for 14 sampling
• • fn lsrnlaa- ,4 a ®rn
_11 _+ <a +— For r+l,nnval,nrnaan Tlanlrinl s^si'.-rnrrc an c hlorophyll
v isiLJ. V V 16L21LV.+L+1 J V V d1LJL+l V V LLLLl1 SVd pho JE./ho V UJ, 1'J L'2L6Ulld doll V l CLS -llt V3ddV1 V {J31�' dl
counts, and measure surface temperature and transparency with a Secchi disk. Water
sarnples are -' proVVSse and then stVreLL ilr Llde Vill! elis 31V 1116, uvvLL+l for lULVi p
Met Council staff, and volunteers use inexpensive sampling equipment provided by the
T!/ (-naaa,c l nn s,nsh of +ahe overn
11 runt ,or lnl >c nity 1! �naas,nil tn4f «rail 1 n 11. ti
1tliV6 w..V y.6adV d1 UJ N(116 VL LraV V V6JlUU VVJL {J6iA 1(.fnb+ J1L n x 41,0 m.�i 1 1 u JLLLn 1
1n1,1_ n +�'s4<r T�nll
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L. na, <r Vl L23V 211Ud1L6L is WVrU1UV1V UL L+1L�' 11Ur1.
VVVUJ1V11U1 JU112�JSVJ 1Vi gUU11LY UsJauvv. AVVff�'
C ®ST
The tiai vest tv th Ciby rvr ; s Wwv.vVF
er lial�e i which ulviudv °s ° vi�ui NiueiiL,
lab analysis, as well as receiving a copy of the data and a report - In subsequent Years, the
nnk in Q'GG(1 (1(1 s,er ni1 i�nns„r.lis eq is,m
VVJL 1J WJJ V.VV
�.l Vl J16V 11 JU.111{J rldd VV.1UtfJlllbilll 1J 11VL 22VVti6+V -• YY ULVI ML 4 sU111F.12111� VVVUILL
n Raar �nr n n.l f+e nr mnrca < nnr �+
VVVUl SVl Ui,JVd 1V VS LVd1 Vl 311V16+ Y6. LLa J•
VOLUNTEERS
T1�® T�vn T k e A tinx 1�nn a l Lo s„ns�i
1116+ D e__ l�al \v r2ssv viauva uuJ agrL+L+tb 6V uV Ll3v ardvauLVtul�.•-
BUDGET IMPACT !1,®ro in cl1 r1nr1 l ��� *oa �nr
(1(11 TTn4a
a nl T ? ®nnaarnan (� < -n�i Y Raarl Yet
lu tub+ GV31L 1VULLLIal Re _6 eS 6JOJV1ating midg6+L, L1aV1V
T� 411m 7 1J yll V�VVV VULL�6+L6+LL 1V1
T- pis, <r %rnr+mca�!-n1 T1n +- !-s•+os- nl,i+, �rn+,4 T?s- nr. -+ -mm�
i, u v u V luu6.al6Ua 1 UL bub+d Ju1N y r Uu, i r V �1 LL2a2J.
ALTERNATIVES
1 A +1 a f ; + «�� a�, + ;n, 0 r A;o+- d T I,--
1. iiN Nry JG LllV �1L J N Llvl "LSVll iii Lug. lrl�.uVI.IV uLCUl UVLulvla
Monitoring Program for Dean Lake.
2. Do rl�t
RECOMMENDATI ®N
H 1ter - n hive ;.'T'i
At its March 13, 2002 meeting, the Environmental Advisory Committee unanimously
mm ®velln� +n #1^ca r (�n,aaanil A—+ ;+ nl-o l.4 r[- ;n ;r..3 +® ;n +1, ®� A14 /Tl� D r. -rn�m
L eliV11111dV11LLN LV L11L+ Vdt,' UV Udlcil 1.11GU. 1L J11V Ul ;gal L1V 1`JULV 111 Lll�+ V1 �arM a./SV iGAl111Vr
Dean L..%? Ke.
ACTI REQUESTED
-NIT e tv u'LL' A- 0 4y' , NcuLi iu the ivietrvj✓vui'uia Assist ° vd iuii ° v �r�vautvilug
Prvg'i alas_
ark . Mc it an
i
Di - rector
Naturai Keso zc�e
is 64,1
1
• Resolution Accepting i 1 1
For 1 1 1 Highway •,
From 12 Avenue To 1870 ieet S ' outh Of
The Existing Inter Of County State Aid AignwlrM
• i 1 For County Aid H 16,
From 850 Feet West Of County i Highway 8
i! County '
1 I I 1 Highway
MOMMEMEM
WHEREAS, pursuant to an advertisement for bids for, County State Aid Highway 83,
from 12 Avenue to 1870 feet south of the existing intersection of County State Aid Highway
16; and for County State Aid Highway 16, from 850 feet west of County State Aid Highway 83
to 1500 feet east of CSAH 83, Project No. 2001 -4, bids were received, opened and tabulated
according to law, and the following bids were received complying with the advertisement:
Base Bid +
Alternate "A"
Base Bid +
Alternate "B"
S.M. Hentges & Sons, Inc
S.R. Weidema, Inc.
Ryan Contracting Co.
$5,196,858.74
$5,755,257.26
$6,039,472.43
$5,226,520.99
$5,805,585.71
$6,068,750.23
AND AS, it appears that S. M. Hentges & Sons, Inc., P.O. Box 69, Jordan, MN
55352 is the lowest responsible bidder for the CSAH 16 /CSAH 83 improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T1
CITY OF SHAKOPEE, MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract for the Base Bid + Alternate "A" ($5,196,858.74) with S.M. Hentges & Sons, Inc. in the
name of the City of Shakopee for County State Aid Highway 83, from 12 Avenue to 1870 feet
south of the existing intersection of County State Aid Highway 16; and for County State Aid
Highway 16, from 850 feet west of County State Aid Highway 83 to 1500 feet east of County
State Aid Highway 83, Project No. 2001 -4, according to the plans and specifications therefore
approved by the City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 2002.
Mayor of the City of Shakopee
City Clerk
CONSTRUCTION COSTS CSAH 83 /CSAH 16 -- Shakopee, Scott County, MN
City State -aid ($272,878.93)
Trail $21,813.30
Traffic Signal $127,041.75
Curb & Gutter $16,069.50 County ($1,323,386.41)
Local City Funds Storm Sewer $90,323.22 CSAH 83 $829,078.70
$29,894.36 Right Turn Lane $17,631.16 CSAH 16 $262,199.52
\ CSAH 83 (50% C &G) $15,537.45
\ - CSAH 16 (50% C &G) $3,415.50
12th Ave $29,894.36
Trunk Storm Sewer Storm Sewer $90,323.22
$247,291.52 Right Turn Lane $17,631.16
12th Ave Signal (50 %) $75,306.50
Trunk Sanitary Sewer
$345,084.54
SPUC _
$52,203.29
County
■ Assessable
❑SPUC
❑ Trunk Sanitary Sewer
■ Trunk Storm Sewer
® Local City Funds
■City State -aid
Assessable
$2,955,781.56 _____ - - - - -- --
PRELIMINARY CONSTRUCTION COSTS CSAH 83 /CSAH 16-- Shakopee, Scott County, MN
FEBRUARY 19, 2002
City State -aid ($155,256.14)
Trail $20,482.50
Traffic Signal $51,250.00
Curb & Gutter $17,855.00
Local City Funds Storm Sewer $46,54101
$126,293.40 Right Turn Lane $19,125.63
I
County ($1,282,944.41)
CSAH 83 $805,852.00
CSAH 16 $250,032.00
Trunk Storm Sewer CSAH 83 (50% C &G) $16,535.00
$272,609.04 CSAH 16 (50% C &G) $2,795.00
12th Ave $121,293.40
Storm Sewer $86,437.01
Trunk Sanitary Sewer
$591,227.50
i
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SPUC
$41,959.80
M County
■ Assessable
❑SPUC
El Trunk Sanitary Sewer
3
■ Trunk Storm Sewer
J Local City Funds
■ City Stat -aid
I
Assessable
$2,802,560.21
CITY OF SHAKOPEE
7 fomnra"dzim
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Awarding a Contract for
CSAH 16/83 Improvement Project No. 2001 -4
DATE: Apri12, 2002
INTRODUCTION:
Attached is Resolution No. 5689, which accepts the bids and awards the contract for
CSAH 83, from 12 Avenue to 1870 feet south of the existing intersection of CSAH 16;
and for CSAH 16, from 850 feet west of CSAH 83 to 1500 feet east of CSAH 83, Project
No. 2001 -4.
On February 19, 2002, Resolution No. 5657 was adopted approving the plans and
ordering the advertisement for bids on CSAH 83 and CSAH 16 improvements.
The plans have been prepared by WSB & Associates, Inc. to reconstruct CSAH 83, from
12 Avenue to 1870 feet south of the existing intersection of CSAH 16; and for CSAH
16, from 850 feet west of CSAH 83 to 1500 feet east of CSAH 83 by installation of
sanitary sewer, watermain, storm sewer, street reconstruction, turn lanes, concrete
median, concrete curb & gutter, traffic control signal, concrete sidewalk, bituminous trail
and other appurtenant work. These plans were prepared under a cooperative agreement
between the City and Scott County allowing the City to design, construct and finance the
improvements with the County reimbursing its share of the costs. Also this arrangement
has allowed the City to assess a majority of the improvements to benefiting properties.
On March 27, 2002, sealed bids were received and publicly opened for this project. A
total of three bids were received and are summarized in the attached resolution. S.M.
HENTGES & SONS, INC. of Jordan, MN submitted the low bid in the amount of
$5,196,858.74 for the Base Bid plus Alternate "A" and $5,226,520.99 for the Base Bid
plus Alternate `B ". The two alternates are for different watermain sizes that SPUC
wanted to include into the bid package. SPUC will meet on Monday, April 1, 2002 to
discuss what alternate to recommend and this recommendation will be brought to the
Council on Tuesday's meeting. The Engineer's estimate for this project was
approximately $5,229,077.50 for the Base Bid only and was included into the County's
Cooperative Agreement and did not include the upsizing of the watermain requested by
SPUC.
The low bid received is in line with the feasibility report and the previously approved
County Cooperative Agreement, thus the recommendation from staff is to proceed with
the project.
With this project, the developer of the Valley Green Corporate Center development needs
to provide a letter of credit security for 75% of the assessments to the development. Jon
Albinson of Valley Green Business Park has stated this security will be in place by
Tuesday's meeting. Also Valley Green Business Park will need to provide easements for
the CSAH 83 /CSAH 16 improvements and at the date of this memorandum, the
developer has not provided the easements or a right of entry. Scott County is responsible
for obtaining right of way with this project. The County and developer are working on an
agreement currently and results of these negotiations will be reported to the Council on
Tuesday's meeting. If an acceptable agreement is not reached by Tuesday's meeting, the
city attorney advises not to award a contract until an agreement is reached.
Another item that staff would like Council to consider is whether to construct the
bituminous trail along CSAH 83 from the Valley Green Corporate Center to 12 Avenue.
Initially when this project started, a bituminous trail was proposed along CSAH 83 from
TH 169 to 17 Avenue. Upon further review and conversations with MNDOT permits
division, it is possible to construct a bituminous trail under the TH 169 Bridge to 12
Avenue under a limited use permit. Also in the initial feasibility report, the major work
proposed was a signal for the CSAH 83 and 12 Avenue intersection. The cost to
construct this trail with the bid prices submitted by the low bidder is $32,425.30 plus
engineering. Staff would like to know if Council is interested in including this addition
to the contract at this time or construct this later with another project. The cost of
bituminous trails along County Roads is a city cost and usually funded by Capital
Improvement Funds (CIF). If interested, staff will have the plans revised and a limited
use permit applied for with MNDOT for the trail connection to 12 Avenue.
In addition to awarding the contract to the low bidder, S.M. Hentges & Sons, Inc., City
staff will need to authorize consultant engineering services to provide construction
surveying, inspection and administration services as necessary for this project. Attached
to this memo is an extension agreement with WSB & Associates, Inc., to perform the
surveying services, inspection and administration services as needed to complete this
proj ect.
If the Council awards this project, staff is also requesting that City Council authorize a
contingency amount equal to 5% of the contract to cover minor change orders or quantity
adjustments that may occur on the project.
ALTERNATIVES:
1. Accept the low bid of $5,226,520.99 and adopt Resolution No. 5689, awarding the
contract to S.M. Hentges & Sons, Inc..
2. Reject the low bid and award the bid to another bidder.
3. Reject all bids and rebid.
4. Authorize the appropriate City officials to execute an extension agreement with WSB
& Associates, Inc. to provide consultant services on this project for the City of
Shakopee.
5. Authorize a 5% contingency amount for use by the City Engineer in authorizing
change orders or quantity adjustments on this project.
6. Approve a motion ordering plans be revised to include a bituminous trail along
CSAH 83 from TH 169 to 12 Avenue.
7. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 4, 5 and 6 if a letter of credit security is provided
by Valley Green Business Park and a right of way agreement is reached between the
County and Valley Green Business Park.
ACTION REQUESTED:
1. Offer Resolution No. 5689, A Resolution Accepting Bids on County State Aid
Highway 83, from 12 Avenue to 1870 Feet South of the Existing Intersection of
County State Aid Highway 16; and for County State Aid Highway 16, from 850 Feet
West of County State Aid Highway 83 to 1500 Feet East of County State Aid
Highway 83, Project No. 2001 -4 and move its adoption.
2. Authorize the appropriate City officials to execute an extension agreement with WSB
& Associates, Inc., to provide consultant services for the City of Shakopee.
3. Authorize a 5% contingency amount for use by the City Engineer in authorizing
change orders or quantity adjustments on this project.
4. Approve a motion ordering plans be revised to include a bituminous trail along
CSAH 83 from TH 169 to 12 Avenue.
BL /pmp
MEM5689
/?
�'
UBruce Loney
Public
Wor Director
BL /pmp
MEM5689
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this day of , 2002.
Mayor of the City of Shakopee
City Clerk
MAR -28 -2002 09:13
Ak
WSB
Ni ML
it
&.Auodafes, Inc.
P�
March 27, 2002
WSB & ASSOCIATES INC.
Mr. Bruce Loney, P.E.
Public Works Director /City Engineer
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379 -1376
7635411700 P.02i02
Re: Extension Agreement to Provide Construction Administration and
Construction Surveying Services
CSAH 16/83 Reconstruction
S.A.P. 70- 683 -06 / S.A.P. 70- 616 -23 / S.A.P. 66- 020 -08
Dear Mr. Loney:
According to our Agreement for Professional Services within the City of Shakopee and
Section I -C -2 (Major Projects), this extension agreement is written to provide for
construction administration and construction surveying services for the above - referenced
project.
We are proposing to complete this work on a cost - reimbursable basis as necessary in
accordance with our attached current fee schedule. The City of Shakopee agrees to
reimburse WSB & Associates for these services in accordance with Section IV of the
Agreement for Professional Services.
If this agreement meets with your approval, please sign below and return one copy to our
office.
Sincerely,
WSB do Associates, lite-
Donald W. Sterna, P.E.
Nice President City Administrator
nan
City Clerk
Mayor
Date
4n.- -_ - -.I — —
TOTAL P.02
PEDESTRIAN PATHWAY EXTENSION FROM 12TH AVE.
TO VALLEY GREEN BUSINESS PARK - MARCH 29, 2002
TRAIL CONSTRUCTION FROM NE TH 169 RAMP TO 12TH AVE ESTIMATED ESTIMATED
IT-1— TTnrrr TWrr DDT!`R OT TA\MTV (MIST
2104.509
REMOVE BOX CULVERT END
1
EACH
$1,000.00
2
$2,000.00
2104.509
REMOVE CONCRETE APRON
EACH
$150.00
2
$300.00
2211.503
AGGREGATE BASE (CV) CLASS 5
CU YD
$18.90
145
$2,740.50
2350.501
, TYPE LV - 3 WEARING COURSE MIXTURE (B)
TON
$39.75
160
$6,360.00
2412.511
4X8 PRECAST CONCRETE BOX CULVERT (P)
1
LIN FT
$280.00
32
$8,960.00
2412.512
4X8 PC CONC BOX CULV END SECTION (P)
1
EACH
$1,500.00
2
$3,000.00
2501.569
24" RC SAFETY APRON
EACH
$442.00
1
$442.00
2501.602
24" RC SAFETY GRATE
EACH
$311.00
1
$311.00
2503.541
24" RC PIPE SEWER DESIGN 3006 CL H
LIN FT
$31.00
20
$620.00
T�� �Zn cn
10% CONTINGENCY
SUBTOTAL PART 1
TRAIL CONSTRUCTION FROM SE TH 169 RAMP TO NE TH 169 RAMP
$2,336.05
$25,696.55
2211.503
AGGREGATE BASE (CV) CLASS 5
CU YD
$18.90
133
$2,513.70
2350.501
TYPE LV 3 WEARING COURSE MIXTURE (B)
TON
$39.75
147
$5,84325
2104.503
REMOVE CONCRETE WALK
SQ YD
1 $3.50
935
$3,272.50
2104.509
REMOVE CONCRETE APRON
EACH
$150.00
2
$300.00
2501.569
24" RC SAFETY APRON
EACH
$442.00
2
$884.00
2501.602
24" RC SAFETY GRATE
EACH
$311.00
2
$622.00
2503.541
24" RC PIPE SEWER DESIGN 3006 CL 11
LIN FT
$34.00
40
$1,360.00
2521.501
4" CONCRETE WALK
SQ YD
$20.75
70
$1,452.50
2531.502
CONCRETE CURB DESIGN V10
LIN FT
1 $16.0011
160
1 $2,560.00
NT Q Qm Or
10% CONTINGENCY
SUBTOTAL PART 2
TOTAL
$1,880.80
$20,688.75
$46,385.30
NOTES
1. The concrete box culvert extension located in the SW quadrant of TH 169 & CSAH 83 could be relocated to the NE
quadrant to lessen pathway costs. Elimination of this work from the original contract would reduce costs by $13,960.
s
CITY OF SHAKOPEE
Memorandum C 0 NS , 1E N'T
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Director of Public Works
SUBJECT: Adopt Resolution No. 5687, Designating Sarazin Street as a Muncipal State
Aid Street, and Adopt Resolution No. 5688, Amending the Muncipal State
Aid Designation for Valley View Road
DATE: April 2, 2002
INTRODUCTION:
Occasionally the City makes revisions to the Municipal State Aid Street (MSAS) system.
These changes must be approved by the Minnesota Department of Transportation, and
the City must adopt resolutions for any changes. Attached are Resolution No.'s 5687 and
5688.
BACKGROUND:
The City is currently considering eliminating the intersection of Valley View Road and
County State Aid Highway 17 (CSAH 17), because of safety issues. Valley View Road
is currently on the City Municipal State Aid System.
The proposed elimination of the intersection of Valley View Road and County State Aid
Highway 17 (CSAH 17) would no longer make Valley View Road valid State Aid Street
because it would no longer connect to a designated State Aid Street or Highway (CSAH
17 is a designated State Aid Highway). The new alignment is proposed to connect to
Sarazin Street, which is not a designated State Aid Street.
In order to have Valley View Road on the State Aid System, Sarazin Street would need to
be designated a State Aid Street from Valley View Road to 17 Avenue (17 Avenue is a
designated State Aid Street), and Valley View Road would need to be re- designated a
Municipal State Aid Street from Sarazin Street to CSAH 83.
Attached is a location map showing the proposed addition of Sarazin Street to the State
Aid System, and the proposed change to the Valley View Road designation. The existing
designation for Valley View Road is labeled on the map as "Existing MSAS Route ". The
proposed addition of Sarazin Street and change to Valley View Road are also shown on
the map, and are labeled as "Proposed MSAS Route ".
ALTERNATIVES:
1. Adopt Resolution No. 5687, a Resolution Establishing Municipal State Aid Street
for Sarazin Street from Valley View Road to 17 Avenue.
2. Adopt Resolution No. 5688, a Resolution Re- Establishing Municipal State Aid
Street for Valley View Road from Sarazin Street to CSAH 83.
3. Do not adopt Resolution No.'s 5687 and 5688.
4. Table this item for additional information
Staff recommends Alternative No. 1 and No. 2.
ACTION REQUESTED:
1. Offer Resolution No. 5687, A Resolution Establishing Municipal State Aid Street
for Sarazin Street from Valley View Road to 17 Avenue and move its adoption.
2. Offer Resolution No. 5688, A Resolution Re- Establishing Municipal State Aid
Street for Valley View Road from Sarazin Street to County State Aid Highway
83.
4 ruce Loney,
Director of Public Works
BI/p-p
MEM5687
o ' OES0,
D
OF Minnesota Department of Transportation
MEMO
State Aid for Local Transportation Division
Mail Stop 500, 4th Floor
395 John Ireland Boulevard
St. Paul, MN 55155 -1399
March 11, 2002
Bruce Loney
Shakopee Public Works Director
129 Holmes St. S.
Shakopee, MN 55379 -1351
FROM: Marshall Johnston
Municipal State Aid Needs Manager
SUBJECT: Municipal State Aid Designations and Revocations
The following Municipal State Aid Street designations were approved:
MSAS 121 Sarazin Street- Valley View Road to 17"' Avenue (0.27 miles)
The following Municipal State Aid Street revocations were approved:
Part of MSAS 109 Valley View Road- Marschall Rd. (CSAH 17) to Sarazin Street (0.59 miles)
The following documents must be submitted before further processing can occur:
(651) 296 -6677
A Commissioner's Order will follow after the City Council resolution is received and approved by the
Commissioner.
NOTE:
Routes designated can receive needs in 2002. Include the road data with the normal computer needs update.
Comments:
Available Mileage 1.51
+ Revoked Mileage 0.59
- Designated Mileage 0.27
Remaining Available Mileage 1.19
c.c. District State Aid Engineer
File
Office Tel.: 651 296 -3011
Fax: 651 282 -2727
? n
2001 Certified
An equal opportunity employer N:\MSAS \Word
Documents\Designations \Shak
opee 1 2002.dot
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PROPOSED ALIGNMENT
VALLEY VIEW ROAD/
S ARANZIN STREET
DATE: MARCH /02
PAGE
2 of 2
RESOLUTION ESTABLISHING
MUNCIPAL STATE AID STREET FOR
SARAZP4
VALLEY VIEW ROAD TO 11' AVENUE
WHEREAS, it appears to the City Council of Shakopee, Minnesota that the street
hereinafter described should be designated Municipal State Aid Street under the
provisions of Minnesota Laws.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee that the street described as follows, to -wit:
Sarazin Street from Valley View Road to 17 Avenue
be, and hereby is established, located, and designated a Municipal State Aid Street of said
City of Shakopee, subject to the approval of the Commissioner of Transportation of the
State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the Commissioner of
Transportation for consideration, and that upon approval of the designation of said road
or portion thereof, that the same be constructed, improved and maintained, as a Municipal
State Aid Street of the City of Shakopee.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,
held this day of - 2002.
Mayor of the City of Shakopee
City Clerk
WHEREAS, the City Council had previously established the alignment for the
designation of Valley View Road from CSAH 17 to CSAH 83 as a Municipal State Aid
Street,
AND AS, it appears to the City Council of Shakopee, Minnesota that the
alignment of this street should be changed to improve safety at the intersection of CSAH
17 and Valley View Road,
AND AS, it appears to the City Council of Shakopee, Minnesota that the
street hereinafter described should be designated as the new alignment for Municipal
State Aid Street under the provisions of Minnesota Laws.
NOW, THEREFORE, E IT RESOLVED, by the City Council of the City of
Shakopee that the street described as follows, to -wit:
Valley View Road from Sarazin Street to CSAH 83
be, and hereby is established, located, and designated as the new alignment for Municipal
State Aid Street of said City of Shakopee, subject to the approval of the Commissioner of
Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to forward two certified copies of this Resolution to the Commissioner of
Transportation for consideration, and that upon approval of the designation of said road-
or portion thereof, that the same be constructed, improved and maintained, as a Municipal
State Aid Street of the City of Shakopee.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,
held this day of - 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: 2002 Trail Improvements, Project No. 2002 -2
DATE: April 2, 2002
Attached is Resolution No. 5686, which approves the plans and specifications and
authorizes staff to advertise for bids for the 2002 Trail Improvements, Project No. 2002-
2.
BACKGROUND:
On November 20, 2001, the City Council ordered the preparation of a feasibility report
for trail improvements to Vierling Drive, from C.R. 79 to Sage Lane.
On March 19, 2002, City Council adopted Resolution No. 5675 ordering the preparation
of plans for the 2002 Vierling Drive Trail Improvements, from C.R. 79 to Sage Lane,
Project No. 2002 -2.
Staff has determined that this project can be bid with the Tahpah Park parking lot and
would recommend that these projects be combined to obtain the best possible bids and
lower administration costs.
ALTERNATIVES:
1. Adopt Resolution No. 5686.
2. Deny Resolution No. 5686.
3. Table for additional information.
Staff recommends Alternative No. 1, to adopt Resolution No. 5686, which approves plans
and orders an advertisement for bids.
ACTION REQUESTED:
Offer Resolution No. 5686, A Resolution Approving Plans and Specifications and
Ordering Advertisement for Bids for the 2002 Vierling Drive Trail Improvements, from
County Road 79 to Sage Lane, Project No. 2002 -2 and move its adoption.
ruce Loney
Public Works irector
Bllpmp
MEM5686
WHEREAS, pursuant to Resolution No. 5675 adopted by City Council on March 19, 2002,
Bruce Loney, Public Works Director has prepared plans and specifications for the 2002 Vierling
Drive Trail improvement, from County Road 79 to Sage Lane by installation of bituminous trail,
concrete curb & gutter and any appurtenant work and has presented such plans and specifications to
the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
CITY OF SHAKOPEE, MINNESOTA:
1. Such plans and specifications, a copy of which is on file and of record in the Office
of the City Engineer, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement under such
approved plans and specifications. The Advertisement for Bids shall be published as required by
law.
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
/5 1� - V.
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Sarazin Street and Valley View Road Improvement,
Project No. 2001 -5 Easement Acquisition
DATE: April 2, 2002
INTRODUCTION:
Ilk
The City needs to acquire easements for the construction of Sarazin Street and Valley
View Road, City Project 2001 -5. One property owner for an easement has agreed to an
offer made by staff and this item is for the Council to authorize the payment for the
easement.
City Project No. 2001 -5 requires additional easements from the property owned by
Betaseed, Inc. Attached is a sketch of the easement area, a copy of a letter sent to
Betaseed with the offer from staff and a letter from Betaseed, Inc. agreeing to the offer.
ALTERNATIVES:
1. Approve a motion for the appropriate City officials to acquire the easement in the
amount of $82,400.00.
2. Deny the easement acquisition.
3. Table this item for additional information.
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Approve a motion to authorize payment for an easement from Betaseed, Inc. in the
amount of $82,400.00.
Bruce Loney
Public Works Director
BUpmp
BETASEEDEASEMENT
ETT SEE
Betase Inc., 1788 Marschall Road, P.O. Box 195, Shakopee, MN 55379 -0195, USA
Telephone: (952) 445 -8090 Fax: (952) 496 -0205
c n
r4
j
February 19, 2002
Mr. Bruce Loney, P.E.
Public Works Director
129 Holmes Street South
Shakopee, MN 55379 -1351
Re: Sarazin Street and Valley View Road
Improvement Project No. 2001 -5
Dear Bruce:
In response to your February 11, 2002 letter, the total compensation amount,
$82,400, offered to Betaseed, Inc. for the permanent easement for the roadway
and temporary easement for sloping to properly construct these improvements is
acceptable to Betaseed.
Please contact me if you have any questions.
Sincerely,
Donald J. Weaver
Chief Financial Officer
cc: Joe Dahmer
Jay Miller
Art Quinn
Gary Korbel
B Loney Accept appraisal value.doc
Oftiffarb.- i At -Ad
ICI
SHAKOPEE February 11, 2001
Don Weaver
Beta Seed, Inc.
1788 South Marschall Road
Shakopee, MN 55379
RE: Sarazin Street and Valley View Road
Improvement Project No. 2001 -5
Dear Mr. Weaver:
Please find enclosed a copy of a letter from the City's appraiser, Patchin Messner &
Dodd, on the evaluation of the taking of easements by the City for the Sarazin Street and
Valley View Road improvement project. According the appraisers, the total just
compensation due to the landowner is $82,400.00 for the permanent easement for the
roadway and temporary easement for sloping to properly construct these improvements.
Also attached is a map showing the easement takings.
Please review this letter and attachments and let me know if you have any questions,
concerns or if this offer is acceptable to your company before February 22, 2002.
Sincerely,
Bruce Loney,
Public Works Director
BL/pmp
WEAVER
Cc: Jason Messner, Patchin Messner & Dodd
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South • Shakopee, Minnesota • 55379 -1351 •952 -233 -3800 • FAX 952 -233 -3801 • www.ci.shakopee.mn.us
Dear Mr. Loney:
At your request, we have made I a limited appraisal of the above captioned property for the
purpose of estimating its current market value both before and after a partial taking for new
The function of this appraisal is to provide valuation guidance to the City of
right-of-way.
Shakopee in the acquisition or condemnation of a portion of the subject property.
The attached summary r eport presents the findings, analyses and conclusions of the appraisal
and identifies the property.
In this report, we have invoked the Departure Rule of Uniform Standards of Professional
Appraisal Practice (USFAP). This departure is as follows:
The scope of research and depth analysis are not sufficient to be
rth o an
considered a complete app raisa of this property.
® The subdivision development approach to value nas nOL
performed.
ROCHESTER OFFICE.
TWIN CITIES OFFICE. l (507) 252-1615
Skyline Square Building, Suite 220
P.O. Box 7343
12940 Harriet Avenue South Rochester, MN 55903
337
Burnsville, MN 55
Based upon the inspection of the property and after careful considerati ma rket factors of .
influencing market value, it is our opinion that the subject property
January 28, 2002, as follows: _-
Market Value Before The Taking $2,295,000
Market Value After The Taking $2 215,000
Direct Taking And Severance 80
Damages to The Land $
Plus: Temporary Easement $ 2,400
Total Just Compensation Due 82400
The Land Owner $
This appraisal has been made in conformity with accepted professional, ethical and
performance standards of real estate appraisal practice. The "Contingent and Limiting
Conditions section of this report should be thoroughly read and understood before relying
on any information or analysis presented herein. If you have any questions or comments
after reading the appraisal, please contact the firm. that the reader is
It should be noted that this letter does ° tFie supporting qualify data, analyses ands conclusions which
directed to the following repo PP
support this value estimate. The appraisal port is contingent upon the assumptions and
limiting conditions submitted report.
The undersigned appraisers certify that they have investigated information believed to be
pertinent to the valuation of the property and to the best of their knowledge and belief, the
statements and opinions expressed herein are correct and reasonable, subject to the limiting
conditions set forth herein.
Certified to this -5th day of
February, 2002
;x PATCHIN MESSNER & DODD
Sherril L. Brumm
Minnesota Registered Real Property
� Appraiser License #2024994
Opel
r ) r L. Messner, MAI
1'
Minnesota Certified General -Real Property
r
Appraiser License #4000836
a PATCMN MESSNER & DO DD
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CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize the Preparation of a Feasibility Report for Vierling Drive,
from County Road 15 to the West Plat Line of
Orchard Park West P.U.D. 1 St Addition
DATE: April 2, 2002
Attached is Resolution No. 5677, which orders the preparation of a feasibility report for
the construction of Vierling Drive, from County Road (C.R.) 15 to the west plat line of
Orchard Park West P.U.D. 1St Addition.
The segment of Vierling Drive, from C.R. 15 to the west plat line of Orchard Park West
P.U.D. 1 St Addition is the last segment to be built so that Vierling Drive is connected
from Taylor Street to 12 Avenue. Vierling Drive is a State Aid Route and has been built
to a four lane urban roadway along the north side of T.H. 169 as a "reliever" collector.
City Council at its March 19, 2002 meeting directed staff to proceed with this project.
Properties affected by this project will be the City and a vacant parcel approximately 24
acres in size. Vierling Drive will need to be located partially in Lions Park and will
provide access to a future fire station site. Also, this roadway will provide access to the
vacant parcel adjacent to Orchard Park West and County Road 15.
Staff has done a feasibility report previously on this project area. However, the report
would need to be updated for estimate costs and other requirements since the last report.
Also attached is a schedule for this project assuming that additional right -of -way will be
acquired through eminent domain. The schedule shows it will be difficult to construct
this roadway this year without cooperation from the property owner along Vierling Drive.
Staff would like to inform Council that this project was scheduled in the CIP for the year
2003. For the best use of the City's engineering staff time, it would be best to work on
this project this year with the design done this winter and constructed in 2003, in staffs
opinion. Also the schedule will be determined more on when the right -of -way is
available.
ALTERNATIVES:
1. Adopt Resolution No. 5677.
2. Deny Resolution No. 5677.
3. Table for additional information.
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 5677, A Resolution Ordering the Preparation of a Report on an
Improvement to Vierling Drive, from County Road 15 to the West Plat Line of Orchard
Park West P.U.D. 1 St Addition and move its adoption.
Bruce Loney
Public Works Director
BUpmp
MEM5677
I II
PROJECT , . DA
1. Order Feasibility Report April 2, 2002
2. Accept Feasibility Report and Establish a Public Hearing April 16, 2002
3. Conduct Public Hearing and Consider Ordering Improvement May 21, 2002
Proj ect
4. Authorize Eminent Domain Proceedings for Right of Way
5. Plan Approval and Order Advertisement for bids
6. Bid Opening
7. Council Award of Bid
8. Construction Starts
9. Project Completed
10. Council Declares Cost to be Assessed & Establishes
Assessment Hearing Date Based on Project Costs
11. Assessment Hearing Based On Project Costs
July 2, 2002
August 20, 2002
September 24, 2002
October 1, 2002
October 10, 2002
July 15, 2003
September 2, 2003
October 7, 2003
* Assumes necessary right of way is obtained during the plan preparation period with
eminent domain proceedings.
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WIUREAS, it is proposed to improve Vierling Drive, from County Road 15 to the west
plat line of Orchard Park West P.U.D. 1 Addition by sanitary sewer, watermain, street
construction, bituminous paving, curb & gutter, sidewalk, bituminous trail, storm sewer, box
culvert and any appurtenant work and to assess the benefited property for all or a portion of the
cost of the improvement, pursuant to Minnesota Statutes, Chapter 429.
Adopted in
Minnesota, held this day of
session of the City Council of the City of Shakopee,
, 2002.
Mayor of the City of Shakopee
City Clerk
1S 6. 1.
CITY OF SHAKOPEE
Police Department
Memorandum
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION:
Mayor and City Council
Mark McNeill, City Administrator
Dan Hughes, Chief of Police "! W_
e
Participation Agreement
Multi- Jurisdiction Network Organization (MJNO)
March 13, 2002
; � P l S 1 1 T
Council is asked to consider allowing appropriate City staff to renew the Police
Department's subscription and sign the participation agreement for the Multiple
Jurisdiction Network Organization (MJNO).
BACKGROUND:
The original MJNO project has been around since 1992. The MJNO is the only available
service of this type for the State of Minnesota. In 1997, several agencies sought and
received grant funds for the sharing of information between law enforcement agencies
within the state, and now share over two million records. Participating agencies provide
data to a server that is managed by the Minnesota Chiefs of Police Association.
MJNO is a quick and efficient link to locating and gaining updated, valuable shared
information. For example, if we were looking for information on a suspect or individual,
we could do an electronic check through MJNO and immediately find out which other
Minnesota agencies have had contact and access updated information.
In order to gain access, members must be able to provide data and have the availability to
retrieve data. Scott County is unique because of their Central Records System, which is
shared by all local and county law enforcement agencies. Because of this situation and
the fact that our records are centralized, we receive a substantial discount in the MJNO
participation fee. The fees provide the cost of supporting an MJNO site administrator,
physical maintenance of the server, off -site data backups, MNJO interface software
improvements, etc. The usual price is $2,500 annually. The cost for Shakopee will be
$1,000 annually. The City Council approved a similar agreement in 2001.
Pg. —2-
Memo To Council
Participation Agreement/MJNO
BUDGET IMPACT
Funds currently exist within our professional services line item to pay for this service.
ACTION REQUESTED:
The City Council, if they concur, should authorize the appropriate city officials to enter
into the participation agreement with the Multi - Jurisdictional Network Organization and
moves it's adoption.
DH:pm
Attachments:
1. MJNO Participation Agreement (2 copies)
2. Appendix B Acceptable Use Policy
3. Letter From Minnesota Chief's of Police Association dated March 7, 2002
2
.'� March 7, 2002
r ._des a C___efs
'Of ° "°-'` °a '` °'
Chief Daniel Hughes
1220 south Concord street
Shakopee Police Department
South saint Paul, MN 55075
476 Gorman Street
Shakopee, MN 55379
800 - 8 7711058 ton free
651 -457 -0677 tel
Dear Chief Hughes:
www.safenet.org
Thank you for renewing your subscription to the Multiple Jurisdiction Network
Organization (MJNO). Much has been accomplished for MJNO over the past year.
And thanks to you, it now contains data from nearly 100 agencies and 4 million
contact records. Much of the expansion is in no small part due to the ability to offer
a Tiered Rate Schedule which allows even the smallest communities the ability to
participate.
Many improvements to the system come from suggestions that participants offer.
Several agencies offered suggestions which have been incorporated into the newly
revised Participant Agreement. Two copies of the agreement are enclosed. Please
review the changes and return one fully executed copy to our office. The agreement
will be automatically renewed hereafter, but if you have any questions feel free to
contact me. We have also revised the Acceptable Use Policy which is also enclosed.
The policy includes an agreement for each registered user which must be kept in
your records.
Again, thank you for making MJNO a success.
Yours truly,
Dennis J. D ont, Executive Director
HN FS OF PouicE AsSOC ON
DJD:kp
Enclosures
Dedicated to the ideals of professional policing
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Minnesota Chiefs of Police Association
1220 South Concord Street
South St. Paul, MN 55075
(Hereinafter referred to as "MJNO")
Hereby grants to:
Agency Name
(Hereinafter referred to as "Participant ")
Address
Administrator Name
Administrator's Phone E -mail Address
A. DEFINITION OF TERMS
For the purpose of this agreement, the terms defined in this article shall have the meaning given them
• "Multiple Jurisdiction Network Organization" means the organization created pursuant to this
agreement, which organization is hereafter referred to as "MJNO ".
• "Vendor" means the duly contracted company or companies that provide the services described in
this agreement.
• "Participant" means the individual agency, which enters into this agreement and is, at the time
involved, a party in good standing, either as Originating Agency or Loading Agency or both.
• "Originating Agency" means the participant agency that owns the data. The originating
agency is also the "responsible authority" for data, as defined by MN Statutes Chapter
13.01, subdivision 16. This agency (or a designated individual within the agency) is
responsible for the collection, use and dissemination of any set of data on individuals,
government data, or summary data, unless otherwise provided by state law..
• "Loading Agency" means the participant agency responsible for uploading the data into
MJNO.
• "Administrator" means the duly appointed individual from each participant agency who has certain
rights and responsibilities pursuant to this agreement.
• "Service" means the following described goods and services in accordance with the terms and
conditions set forth herein.
• "Participant Software" means the proprietary software and database system (Records Management
System (RMS) that is owned by the participant and serves as the basis of the information that is
provided to MJNO.
3/4/02
1
T
• "Information" means any law enforcement and corrections information provided to MJNO by the
individual participant agency as defined by MN Statutes Chapter 13.85.
• "Summary Information" means all data provided to MJNO in the format prescribed in Appendix A.
• "IP (Internet Protocol) Address" means a valid electronic identifier registered with the Internet.
B. PHILOSOPHY OF ORGANIZATION
MJNO is a cooperative effort to facilitate the sharing of Summary Information.
MJNO provides four essential functions.
1. Provide a central repository for storing Information.
2. Provide an interface for participating agencies to view that Information.
3. All costs associated with MJNO are shared by the participating agencies.
4. To receive data, Participants must be willing and able to share data. To that end Participants who
receive data from MJNO are required to complete and comply with the Participation Agreement and
Acceptable Use Policy — User Agreement(s).
The service provided by MJNO is designed to improve data sharing across participant agencies that that
are disparate and not normally linked. The Service provides a name search to the participant agencies,
but is not intended to replace direct contact between participant agencies. As noted in government data
practices statutes, the exchange of Information among law enforcement agencies does not alter the
classification of the data exchanged. Questions directed to MJNO regarding the classification of specific
data will be referred to the Originating Agency or Responsible Authority for that data. The Service is
intended to help participant agencies know which other participant agencies to contact during the
course of an investigation. The goal of MJNO is to point to Information that is available for Participants
throughout the State of Minnesota and immediate vicinity.
PARTICIPANT OBLIGATIONS
The use of the Service by the Participant is based on the compliance of the Participant to the following
obligations:
1. The Participant will provide accurate Information in the prescribed format. See Appendix A for a
listing of the format specifications.
2. The Participant will provide the first and last names of all personnel to be granted access.
3. The Participant will be required to provide Information for the current year and the previous two
years within 90 days of execution of this agreement via the Service or via another agreed upon
media. MJNO will grant up to 20 User Names and Passwords for access into the Service on a
temporary basis until the Participant can provide the initial Information upon execution of this
agreement.
4. The Participant will be required to provide MJNO Information on a weekly basis as minimum
standard of participation. All Information will be added to the Service via the Web Interface
provided by the Service. MJNO recommends and prefers that the Participant provide MJNO
Information on a daily basis whenever possible via the Service. MJNO retains the right to
temporarily suspend passwords if a Participant agency does not provide Summary Information
within the minimum parameters. MJNO reserves the right to change the minimum standard for data
updates as necessary.
5. The Loading Agency is solely responsible for the extraction and transmission of Information from the
Participant Software. MJNO is in no way responsible for those extraction services or the costs
associated with them
3/4/02 2
6. The Originating .Agency is solely responsible for the quality and integrity of the Information
extracted. MJNO is not responsible for any errors in the Information. The Originating Agency's
Information that resides in the Service is the full responsibility of and is owned by the Originating
Agency.
7. The Participant is solely responsible for the Internet connectivity required for access to the service
8. The Originating Agency is solely responsible for internal policies and restrictions on the use of the
Internet. MJNO is not responsible for the misconduct of Participants who utilize the Service.
8.1. The Participants are responsible for user authorization, access and conduct. The Originating
Agency will require each user to read and comply with the conditions provided in Appendix B,
Acceptable Use Policy.
8.2. The Originating Agency will also maintain a permanent file of assigned "Acceptable Use
Waivers" for each User Password that is requested and provided in Appendix B,. MJNO retains
the right to audit these files for completeness upon written notification to the Originating
Agency by MJNO.
9. The Participant will designate an individual who will be herein referred to as "Administrator ". The
Administrator will be responsible for the following at each Participant agency:
9.1 The Admnistrator will be the first line of contact within a Participant agency. All end -user
questions and requests must be filtered through the Administrator before they are referred to
Vendor or MJNO.
9.2 The Administrator is responsible for training all staff, except the core group at each Participant
agency. MJNO will provide an Information Packet to facilitate the training process. The
Administrator is responsible for Password requests and distribution to staff at the Participant
agency. Only the Administrator can request User Passwords from MJNO.
9.3 It is the sole responsibility of the Participant to distribute passwords once received from the
Vendor. It is also solely the responsibility of the Participant to notify the Vendor when an
individual will be removed and his/her password revoked.
10. It is the sole responsibility of the Participant agency to make sure passwords are reasonably secured
and not shared
11. Data accessed through MJNO shall only be used for law enforcement purposes as defined by MN
Statutes Chapter 13 and other applicable state and federal laws that relate to the gathering, storage,
dissemination and exchange of information by law enforcement agencies.
D. MJNO OBLIGATIONS
MJNO will provide the following services:
1. MJNO will provide the Participant full access to all of the Information that is available in the Service.
2. MJNO will provide the Participant with User Names and Passwords into the Service
2.1 MJNO will create new user name/password sets within three (3) working days of receipt of the
request from an authorized Administrator. All requests must be made to MINO @state.mn.us.
2.2 MJNO will remove existing passwords within one (1) working day after receiving notification
from an authorized Administrator.
3. MJNO will be required to maintain the Service.
4. MJNO will separate all data into juvenile and adult records based on provided date of birth. Adults
and Juveniles will be stored in separate data tables in the Service.
5. MJNO will maintain the integrity of the Information as presented for each participant agency.
3/4/02 3
Access to the Service will be limited to active User ID's and Passwords and workstations on defined
paths.
6. The Service will provide security to minimiz security breeches of Participant Information.
7. MJNO shall provide initial training to a core group of Participants within 30 days of execution of this
agreement. The training will include:
8.1 MJNO will train the Participant on the use of the system so that the core group can then train
the rest of the Participant staff.
8.2 MJNO will train the Administrator on the use of the special administrator functions.
8.3 MJNO will provide the Administrator with the appropriate file layouts and requirements.
8.4 MJNO only provides data for law enforcement purposes and for users authorized by the
responsible authorities. MJNO operates in compliance with state and federal laws that regulate
the gathering, storage, dissemination and exchange of Information by law enforcement
agencies.
E. MANNER OF PAYMENT
The Participant shall pay an annual fee based on the current scale adopted by the MJNO Executive
Committee for the use of the service. Payments shall be made payable to the Minnesota Chiefs of Police
Association.
F DISCLAIMER
MJNO shall not be liable to the Participant for any loss of or injury to productivity or goodwill suffered
by the Participant caused directly or indirectly by the use of the Service pursuant to this agreement.
Neither shall MJNO be liable for any interruption or loss of use thereof, or for any incidental or
consequential damages even if MJNO has been advised of the possibility of such damages. MJNO will
not be responsible for any additional costs of reloading Participant Information in cases of a catastrophic
event.
MJNO is not warranting the accuracy, quality or integrity in the collection or transmission of any
Information that is provided by the Originating Agency and disseminated by MJNO.
MJNO shall not be liable to the Participant or any third party for any loss, injury, claim, interruption of
services or collateral damage related to this service.
The Participant agrees to hold MJNO harmless for any claims against MJNO and will indemnify MJNO for
all expenses related to litigation or judgments.
By entering this agreement the Participant warrants that any Information provided to this system is
accurate, timely, and obtained and distributed in conformance with all state and federal laws. The
Participant agrees that any requests for Information will be in conformance with all laws and be utilized
in a lawful manner.
The Participant acknowledges that inherent in data distribution there may be accidental damages and
they acknowledge and accept such risks.
Participant agrees to hold MJNO harmless and indemnify and defend all claims against MJNO for any
claims against it related to the Information, dissemination and use of this data.
G. TERM AND TERMINATION
1. Commencement. The agreement shall commence on , 20_, and payment
shall be prorated to December 31 of same year. All ensuing agreements shall be automatically
3/4/02 4
renewable January each year thereafter or until either party provides 30 days written notice of
cancellation to the other party.
2. Construction. Prior to the final acceptance of the Service and initial Information load of the
Participant, either party shall have the right, at its option to terminate this agreement. The
agreement can be cancelled upon written notice to the other party if such other party, whether by
default or circumstances beyond its - control, fails to perform any of its obligations under this
agreement, which failure has not been corrected within thirty (30) days after receipt of written
notice thereof. Upon any such termination:
2.1 The Participant agrees to terminate use of the Service and return to MJNO all related
documentation and to not make further use thereof.
2.2 MJNO agrees to refund the Participant the full annual fee (if the agreement is terminated at
this stage.)
3. MJNO Initiated Termination. MJNO retains the right to terminate the Service with any agency that
is not in compliance with any of the provisions listed in this agreement. MJNO further retains the
right of review by the MJNO administrator, with approval of the MJNO Executive Committee, to
determine the merit of claims by the Originating Agency or Loading Agency. MJNO administer will
determine allowances (extra time or escape of a particular provision) if Participant defaulted
through no negligence of their own and providing allowance for same.
4. Participant Initiated Termination. Final acceptance will occur when the Participant sends their
initial Information load to MJNO for inclusion in the Service. Termination after final acceptance will
include the following terms:
4.1 MJNO will retain all annual fees collected and as agreed upon. There will be a proration of
funds based on a percentage of annual membership not used for the months or days remaining
in the term.
4.2 The Participant shall discontinue use of the Service immediately.
4.3 MJNO shall remove all User Names and Passwords within 30 days after termination.
4.4 MJNO shall remove and provide written notice that all Participant agency data has been
removed from the Service.
The Participant is hereby granted the right to use the service according to the terms and conditions
herein. No title to or ownership of the contributed Information or any of its parts is hereby transferred.
Both Participant and MJNO agree that this agreement constitutes the entire contract by and between
them. Any oral or written documents between parties which are inconsistent with the terms of this
agreement or are in addition to the terms of this agreement are superseded by this document and are of
no further validity or force of effect. Proposed Amendments to this agreement may only be made in
writing and by a document specifically indicating that it is intended to be an amendment to this
agreement.
H. OTHER DOCUMENTS
The following documents and the agreements of MJNO and the Participant contained herein are hereby
incorporated into this agreement by reference and/or attachment:
1. MJNO Data File Definition as listed in Appendix A of this agreement.
2. MJNO Acceptable Use Policy as contained in Appendix B
3. Any Amendments as provided in writing under the terms and conditions agreed to herein.
4. Minnesota State Statute Chapter 13.82.
3/4/02
I. GOVERNING LAW
This contract will be governed by and construed in accordance with the laws of the State of Minnesota.
MJNO and its Participants agree that access to non -public data is limited to authorized persons as
allowed by but not limited to Minnesota State Statute Chapter 13.82 s 5.
J. GENERAL PROVISIONS
1. Neither MJNO nor the Participant shall be liable or deemed in default for any delay or failure in
performance of this agreement resulting directly or indirectly from any cause beyond the reasonable
control of MJNO or the Participant.
2. Any failure of MJNO or the Participant to assert any provision under this agreement shall not
constitute a waiver or termination of that provision.
3. Unless exempt under the rules and regulations of the Secretary of Labor or other proper authority,
this agreement is subject to all applicable executive, federal, state and municipal regulations, laws,
orders, or ordinances relating to equal opportunity and nondiscrimination in employment.
Upon mutual agreement between MJNO and the participant agency, certain terms outlined in the above
Participation Agreement may be modified, when that modification is in the mutual interests of HMO
and the Participant.
CERTIFICATION OF SERVICE AGREEMENT
Participant Agency Authorized/Executive Signature
Dated: By:
Printed Name:
Title:
MJNO Authorized/Executive Signature
Dated: Z) 7 v
Im
s
Dennis J. ont, Executive Director
Multiple Jurisdiction Network Organizations
Minnesota Chiefs of Police Association
1220 South Concord Street
South St. Paul, MN 55075
3/4/02
90 APPENDIX B
JIN. 0 ACCEPTABLE USE POLICY
IMPORTANT NOTICE USERS MUST READ AND
AGREE TO BEFORE LOGGING
ON - SIGNATURES REQUIRED
Page 2 Definitions
Page 3 General Conditions
Violations
Inspections and Monitoring
Page 4 Acceptable Use
Principles of Acceptable Use
Principles of Unacceptable Use
Page 4 Security Restrictions
Service
Costs
Coordination and Design
Page 5 Web Site Content
Page 6 User Acceptable Use Agreement — User Signatures Required.
Administrator: Designated Participant agency employee(s) authorized to upload data into the MJNO
web site. Point of contact for new user requests or internal problem resolution. This person acts as the
agency liaison to the MJNO Administrator.
Downloading: Transmission of a file through the Internet or a wide area network from one computer
(usually a file server or Web server) to another (usually a desktop workstation). By definition,
downloaded files can be documents, images or Web pages.
Information: Any data collected as the result of an interaction with law enforcement or corrections
official that results in the collection of an individual's identity.
IT (Internet Protocol) Address: A valid electronic identifier registered with the Internet.
Log On Screen: The screen that appears before accessing the MJNO web site. All users must respond
to the log on screen from an authorized Internet Protocol (IP) workstation or access will be denied.
MJNO Administrator: A contracted service to provide maintenance and operation of the MJNO web
site.
MJNO Web Site: The location of the main server(s) that contains Information contributed by
Participant agencies.
Participant: The individual agency, which enters into this agreement and is, at the time involved, a
party in good standing, either as Originating Agency or Loading Agency or both. "Originating Agency"
means the participant agency that owns the data. The originating agency is also the "responsible
authority" for data, as defined by MN Statutes Chapter 13.01, subdivision 16. This agency (or a
designated individual within the agency) is responsible for the collection, use and dissemination of any
set of data on individuals, government data, or summary data, unless otherwise provided by state law.
"Loading Agency" means the participant agency responsible for uploading the data into MJNO.
Password: A series of numbers and/or letters that is used as a validation of the user ID, known only to
the user.
Service: The MJNO system as described in the participation agreement for the central repository for
originating agency information and interface for participants to view and share said Information.
Software: The proprietary Records Management System (RMS) software and/or database system
owned by the participant and serves as the basis of information provided to MJNO.
Summary Information: Any information provided by originating agency as prescribed under
participant agreement, Appendix A. Data residing within the MJNO web site that was contributed and is
owned exclusively by the Originating Agency. This data may only be shared with law enforcement
officials as contact information, as provided under MSS Chapter 13.
User: Participant agency employee authorized to utilize the service.
MJNO Acceptable Use Policy, Page 2 3/4/02
The following policy covers all interactions with the MJNO web site. This policy applies to all participant
agencies, contractors, consultants, volunteers, agents or any other persons who have gained or are given
access to the MJNO computer web site. The MJNO policies and procedures are adopted to increase
awareness of the risks associated with using electronic communications and to communicate the MJNO
requirements regarding the use of the Information.
Electronic communication plays an increasingly significant role in our work. Along with the benefits of
electronic communication come increasing risks and responsibilities. Participant agency employees are
responsible for adhering to acceptable use standards when electronic communications are created, sent,
forwarded or saved. Failure to adhere to these policies places the individual agencies, their employees,
contractors, consultants, volunteers, agents or any other persons who they have given access to the
MJNO at risk for legal or financial liabilities, potential embarrassment and other consequences.
All other participant agency policies apply to electronic communication, even if not specifically
mentioned in this policy. For example, users must bear in mind the requirements of Federal policies,
which cover substandard performance and misconduct. The purpose of the web site is to facilitate the
flow of Information while maintaining the integrity and security of the system.
Violations
Access to electronic communications systems is a privilege and not a right. Anyone who uses these
systems in a manner that is not consistent with MJNO and participant agency policies may be subject to
disconnection from the MJNO network and may be subject to civil and criminal liability for the misuse of
data.
Inspection and Monitoring
It is the responsibility of the individual participant agency to supervise usage and to ensure authorized
and appropriate usage of MJNO data.
MJNO Acceptable Use Policy, Page 3 3/4/02
Users shall maintain the highest professional ethics and conduct while on the MJNO web site. User IDs
and passwords are assigned to an individual user and shall not be disclosed to other persons. Group
passwords are prohibited.
Participant agency employees and contractors shall recognize that the data contained on this web site is
Law Enforcement Contact Data or Corrections Information and is to be used only for discovering
identities and other information relating to police investigations. Usage must be related to official police
activities. Information is presumed investigative data classified by the Minnesota Data Practices Act
13.82 s 5 and as such is defined as confidential and can only be shared by authorized law enforcement or
corrections agencies. Law Enforcement Contact Data or Corrections Information classification should be
verified by the originating agency prior to use_
Principles of Unacceptable Use
The following uses of the system are strictly prohibited:
Personal use, meaning any activities unrelated to official assignments and/or job responsibilities.
Downloading or replicating files for anything other than official law enforcement purposes.
Illegal purposes such as promoting, fostering or perpetuating discrimination on the basis of race, creed,
color, age, religion, sex, marital status, status with regard to public assistance, national origin, physical
or mental disability, or affectional preference.
Activities that interfere with or disrupt network users, services or equipment, including mass
distribution of advertising or messages, intentional distribution of viruses, or seeking unauthorized
access to other machines on the network.
Users must respect the integrity and security of computing systems. Users shall not use or develop
programs that harass others or infiltrate a computer or computing system or damage or alter the
software components of a computer or computing system.
Security Restrictions
Users are responsible for taking precautions to protect the MJNO web site. Employees of participant
agencies and contractors shall not seek to breach system security, nor aid or assist others in doing so. In
the event an employee or contractor uncovers what he /she believes is a system security or system
integrity problem or violation, the employee or contractor must notify the Administrator immediately.
This Administrator must notify the MJNO Administrator and subsequently support efforts to isolate and
identify such parties as may be effecting the breach of system security.
Users are responsible for protecting passwords against unauthorized use. Users must change passwords
on a regular basis.
Unauthorized use of another' s account may be unlawful.
MJNO Acceptable Use Policy, Page 4 3/4/02
Only Administrators are authorized to upload data files. Administrator or employed contractors shall not
upload any executable files, any software, or types of item(s) known in -kind to contain or harbor viruses
or other software items, which could damage the MJNO web site.
Logging off is accomplished by closing the browser, changing sites or 10 minutes of inactivity. Users
must log off before leaving the workstation unattended.
Service
To connect to the MJNO web site, the Participant agency must have access to the Internet in order to
connect to the state's backbone host server.
Costs
Users may not access sites or download information that may result in an unapproved expense to the
MJNO. Any such activities that incur any costs or liabilities whether inadvertently or otherwise, the
MJNO will assume no liability.
Coordination and Design
The MJNO represents itself on the Web under the domain name mjno.state.mn.us, which conforms to
the Internet standard for local government domain names (per RFC 1480, RFC 1591 and RFC 1816,
which describe the US domain system structure and organization).
The MJNO web site content is under the exclusive ownership of the Originating Agency.
MJNO Acceptable Use Policy, Page 5 3/4/02
Logging on to MJNO web site requires the user to adhere to the Multiple Jurisdiction Network
Organization policies and procedures. Failure to adhere to these policies may lead to disciplinary action
and/or the discontinued use of this site by the Participating Agency.
The information contained on this site is confidential and is legally privileged for use by registered users.
The information is intended for Law Enforcement Use Only If you are NOT a registered user, you are
hereby notified that any disclosure, copying, distribution or taking of any action relying on the contents
of this information is strictly prohibited.
I have read, understand agree to all of the above conditions.
Please write "yes" if you agree to the above.
If you do not agree, notify your supervisor immediately.
User Name
Participant Agency is responsible for keeping a copy of this agreement in a file for each registered
user.
Administrator
MJNO Acceptable Use Policy, Page 6 3/4/02
CITE' OF SHAKOPEE
L'rE 74 )Z,A�:B'T �n,f
To: Mayor and City Council
iMark McNeill, C y Auliiulia LraL
A /C l A /C n• 11 NT -+, l D n +
L I%J113. 1VYar11 114 1i1�1.1111a1Y, 114 aL U1aY Y \e J'U'lAJLVe Dne-oX
Subject: Resolution No. 5678 Approving the Plans and Specifications for Tahpah
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he iJ 1\VJV 1 "LiOn 1 V V. vv3 ich. appro LY1V fans aY2U JIJVV.+111L "L a11U
— c +n ff +s. n1l,�a, -4;no f r lY;rin -f 41,m nl, »n1, T]n, -lr T3nrlr;-- T n+ D,-+ T.Tn. 1 )1)0 , )_2
"UL1Yl 111 a JL "Yl LV "LL V i x LBJV 1Vx V1UJ YVr Ll1Lr l "Alv ll l "111 1 Ulll -fill -u L 1 1 VJi+t+L 1 V V. LVVL ✓.
JV Ci' KGRO V 1 i L°
iJll S el�J1 L8a1''� 1�, LVVL, L1 i- Ly �iV LYYIV xx uU hV11Li.d a L+V YYLY a\+L M1.A LC.uaxvu vv li uVYLL.LY an.
Menk, Inc. to prepare plans and specifications for additional parking area in Tahpah Park.
T1Ye YLevtl 1.JaL11 -tLLg U.lea lil tV Ve 114VLLLed VYLthe vveo e11d of the ;�arl� adiacerxL iV tl:e e s
softball fields. The new parking area will include a 200 parking spaces, 4 handicap
- paces, cu V arHd �Lttter -A -- eSJ 111 Y lYiYg LrYve. A bld a1leY Y2ate to rV t6gh 61"d + LvvV
l„ 7ma A— »ln»
l ULLLIV VaL 116.iYUJ i11 "1JL/ i 1V.ilUUVLL 111 L1YV pJ1alY.
Bid opening is slated for April 25, 2002. The City Council will review the bids at its
ivx" 7, 2Vv2 Re Lilar Se il. The f`i.'Lildiilg source for t1 S prvject A,3 tale Pail; ReS ° vi r ° v
a-+ a
r" und.
Sta 1xArlends reducing the scope of the %Jject by ilot —al ing any i:li�rove:llents uY
the old parking lot. Therefore, we would not stripe the old parking lot, pave the gravel
area, or place a slde1�a —een space area at the entrance ofthe baseball StadaLiril.
Instead, these improvements should be included in the reconstruction of the existing
T1,® 7G irl nrlr;» 1 + 1 �+ -Tor® nnl „ s — 4 1, - • n nl lor, n,- A
parking area. 1x314 L✓ - year o1 oaHl\ing Yol. Slas a Jt+V �rai+111. /_LY a1YU xHea 6' , prV VaVUl "ilU
should have a new overlay of asphalt. The City Engineer recommends grinding the
+ 1, l+ (� n + 1 nno £ aB = i 711f12 'T'l T ; „o ®,.' +; fe
= aJFl11a1L UllLL ” "16 IL as a b 1Vr a ne Vtl vverl -;- LV V ✓. llie 1L+ii lillvV3 S eJLUl1u LV
l'nr +I— - +, ,r +' r, r f +l,c 1n+ nron ;n 432(1 (1(1!1 _ �l G(1 (1(1l1
2VY Ltli+ -L+\+V 11st UL+LIV HY Vl Lh, L�L\YJ "1g t p"1111 6 114L "LVa 113 W L.l V,VVV W1✓V,VVV.
ALTERNATIVES
3 A l »4 T?� c 1, = +;n„ 1aTn G6�C? Resolution „ n, r, z.;» In4 n n4,o ;f; n4;n n nn
1. L3UV�1L 1 esV Y "L1V 31114 V. ✓ , a Y \VJV lULlV 21 a1.l N3 CJ Y12Yg flaw a11LL J1. -21YV "L1V 11J a3HLe.
ordering an advertisement for bids for the Tahpah Park Parking Lot Project
2. Deny Resolution No. 5678
n Y Y r a a l� l a t rma 1 f rl
J. m a 1 ao -e fo- addtonal mo o_ -- wtic n moo_ -- sta
RECOMMENDATION
Alternative 7'T'1
ACTgON EQU I:S ! TED
Offer Resolution No. 5678, a Resolution approving plans and specifications and ordering
an IA 11JexYli YVr bid s fo r iiie r i c"+.1'i uul i 1'arl it l a i. No. �v�? - ✓ u.ixd ixxv`v'v
«
2
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mark I McQuillan
Natural Resource Director
oerlaAj 1q. \
(nrLL F;e0s iRe"Aaol)
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COUNTY ROAD 15
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And r Advertisement r Bids
For The rp.r Park Parking Lot
Project No. 211
Whereas, pursuant to the City Council's action on February 19, 2002, Bolten and Menk,
Inc. was contracted to prepare plans and specifications for the construction of a parking
lot in Tahpah Park consisting of 200 parking spaces, four handicap spaces, curb and
gutter and access from Vierling Drive;
Whereas, a bid alternate to rough grade two youth ball fields for future development has
been included into the plans and specifications, and
Whereas, has presented such plans and specifications to the City Council for approval.
Adopted in session of the City Council of the City of Shakopee,
Minnesota held this day of , 2002.
Mayor of the City of Shakopee
I
City Clerk
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request of Laurent Builders, Inc. for Release of Escrow Submitted in
Connection Evergreen I" Addition
ME ETING DATE: April 2, 2002
APPLICATION DATE: NA
60 -DAY REVIEW: NA
IZ ��
Laurent Builders, Inc. has requested release of an escrow deposit submitted several years ago for the
possible construction of a sidewalk along 13 Avenue in connection the plat of Evergreen 1' Addition.
(See attached letter of Gary Laurent, dated November 20, 2001) The Shakopee City Council approved
the plat of Evergreen 1st Addition on October 19, 1982. '(See attached copy of resolution and final plat
drawing) In connection with that approval, escrow in the amount of $4,641.00 was accepted by the City
for the possible installation of a sidewalk on that stretch of 13 Avenue.
The sidewalk has never been installed, and it does not appear that its future installation is reasonably
anticipated in the future.
ALTERNATIVES:
1. Offer a motion directing the appropriate City officials to release the escrow for construction of a
sidewalk along 13 Avenue in the plat of Evergreen V Addition, and direct staff to prepare a
revised resolution of plat approval deleting the condition related to said sidewalk.
2. Offer a motion denying the requested release of escrow, with direction to staff to include
installation of the sidewalk in the City's capital improvement program (CIP).
3. Table the matter, and request additional information.
STAFF RECOMMENDATION:
Because the sidewalk has never been installed, and it does not appear that its future installation is
reasonably anticipated in the future, staff recommends alternative no. 1.
► 1 � DIII
Offer a motion directing the appropriate City officials to 'release the escrow for construction of a sidewalk
along 13 Avenue in the plat of Evergreen I' Addition, and direct staff to prepare a revised resolution of
plat approval deleting the condition related to said sidewalk.
R. Michael Leek
Community Development Director
g: \cc\2002 \0402 \.laurentescrow.doc
2
Fhe Laurent Building
100 South Fuller Street, Suite 200
Shakopee, MN 55379 BU I L D E R 5, t N C.
November 20, 2001
Ms. Judy Cox
City of Shakopee
129 S. Holmes St
Shakopee, MN 55379
Dear Judy,
Corporate Office
(952) 445 -6745
Fax: (952) 445 -9727
VIA Fax and U.S. Mail
952- 233 -3801
We hereby request that the monies deposited with the city with the Evergreen plots for
purpose of constructing a sidewalk be released back to us at this time.
Given that this money was deposited about twenty years ago, and that no sidewalk
improvement was ever constructed and that no sidewalk capital improvement is
scheduled, we believe that it is only fair and just that the deposit and accrued interest be
returned at this time.
Please place this matter on the next available council agenda and inform us as to the date
of that meeting so that I may address the council.
Thank you, Judy, for your assistance.
cerely
C�
Gary aurent
Laurent Builders, Inc.
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BIL ERs - DEVELOPE
B.L. #0001742
RESOLUTION NO. 2066
A Resolution Approving The Final Plat Of
Evergreen 1st Addition
WHEREAS, the Planning Commission of the City of Shakopee did
approve the Final Plat of Evergreen 1st Addition on October 7,
1982 and has recommended its adoption; and
WHEREAS, all notices of hearing have been duly sent and posted
and all persons appearing at the hearing have been given an opport-
unity to be heard thereon; and
WHEREAS, the City Council has been fully advised in all
things.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the Final Plat of Evergreen 1st
Addition, described as follows:
Outlot B, Minnesota Valley 4th Addition
be, and the same hereby is approved and adopted with the require-
ments that:
1. Approval of Title Opinion by the City Attorney.
2. Execution of a Developer's Agreement for the
construction of the requirement improvements:
a) A sidewalk be installed along the north side of
13th Avenue in accordance with the Design
Criteria and Standard Specifications adopted
by the City of Shakopee;
b) Street lighting be installed in accordance with
the Design Criteria and Standard Specifications
adopted by the Shakopee Public Utility Commission;
c) Water system be installed in accordance with
the Design Criteria and Standard Specifications
adopted by the Shakopee Public Utility Commission;
d) Sanitary and storm water sewer system be
installed in accordance with the Design
Criteria and Standard Specifications adopted
by the City of Shakopee;
e) Street improvements be made in accordance with
the Design Criteria and Standard Specifications
adopted by the City of Shakopee;
f) Electrical system be installed in accordance
with the Design Criteria and Standard Specifica-
tions adopted by the Shakopee Public Utility
Commission;
g) Cash Payments be made to the City, at the time
of issuance of Building Permit, in lieu of
park dedication.
Resolution No 2066 (Cont.)
3. Construction plans shall be approved and filed with
the City Engineer prior to recording the plat.
4. The 20 foot drainage and utility easement on the
northern side of Block 2 should extend slightly
further westward to meet the easement along the
west property line.
5. A landscaping plan shall be submitted to and
approved by the City Planner prior to recording
the plat, which indicates an Evergreen screening
south and southwest of Block 4, 5 and 6. The
landscaping plan shall also show a planting
screening east of Block 3.
6. A written agreement between the developer of Evergreen
1st Addition and the owner of property immediately
west of this plat, which provides looping of the
watermain shall be submitted to and approved by
the Shakopee Public Utilities Manager prior to
recording the plat.
7. Prior to recording the plat, the developer of Ever—
green 1st Addition must secure from the owner of
property immediately west of this plat, a drainage
agreement recognizing that surface water runoff
from this subdivision will enter the land to the
west and that the property owner agrees to accept
the additional surface water runoff.
8. Prior to recording the plat, an executed copy of the
sanitary sewer flow allocation agreement must be
filed with the City Engineer.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and
the same are hereby authorized and directed to execute said
approved plat and Developer's Agreement.
Adopted in session of the City Council of
the City of Shakopee this �_ day of
1982.
yor of the City of - lihAlfop6e
ATTEST:
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Proposals for Transit Services
MEETING DATE: April 2, 2002
IhYY: � 1
With City Council's approval, staff sought proposals for transit service from several providers. Three
providers (Alternative Choice Transportation, Laidlaw, and Scott County) submitted proposals. Copies
of the proposal summaries are attached for the Council's information. Full copies of the proposals are
available for review in the City's Community Development Offices.
Because of the nature of the proposals, staff engaged George Bentley (a transit consultant used by the
City for a number of years) to provide and evaluation of the proposals. His analysis is also attached for
the Council's information. In general, all of the proposals are responsive, could be accommodated within
the City's budget, and the providers have a good reputation in the transit field. As can be seen from his
analysis, there are significant issues that may impact the final decision on which proposal to accept. These
include;
• Length of start-up and transition;
• Whether individual service identity should or would be maintained;
• Whether to move forward with a day care /pre - school service
While Mr. Bentley does specifically suggest that a contract be negotiated with Laidlaw, staff is asking that
Council provide it with direction, in the event there may be other factors that the Council wishes to have
considered.
ALTERNATIVES:
1. Offer a motion directing staff to negotiate a contract for transit services with AC Transportation,
and bring said contract back for Council approval.
2. Offer a motion directing staff to negotiate a contract for transit services with Laidlaw, and bring
said contract back for Council approval.
3. Offer a motion directing staff to negotiate a contract for transit services with Scott County, and
bring said contract back for Council approval.
4. Table the matter, and request additional information.
I;
Offer a motion providing staff Arith direction regarding the negotiation of a contract for transit services.
R. Michael Leek
Community Development Director
gAcc\2002 \0402 \.transit. doc
ANALYSIS OF PROPOSALS
FOR TRANSIT SERVICES
TO BE PROVIDED TO THE
CITY OF SHAKOPEE
The City of Shakopee issued a Request for Proposal (RFP) for the provision of contract transit services
on December 3, 2001, an Addendum No. I to the RFP was released on December 20, 2001, and
proposals were due for submission by January 21, 2001.
Three proposals were received through the RFP process:
• Alternative Choice Transportation (ACT)
• Scott County Transit
• Laidlaw Transit Services, Inc.
All three were responsive to the RFP and appear to be legitimate proposals from established operations.
All three proposals offer the provision of transit services that would result in purchase of service charges
to the City that fall within the established budget for transit operations. There are variations in cost, and
these variations will be discussed later.
The basic services requested are covered by the proposals, but there are also variations in the nature of
these services and the start-up times.
Those submitting proposals are all known within the transit industry and have no known negative
reputations. Their operations are associated with the provision of public transit in the Twin Cities
metropolitan area and are funded to varying degrees with public funds.
The City of Shakopee RFP for transit services included proposal evaluation criteria and scoring for each
general area of response to the RF`P. (See attached RFP and Addendum No. 1.)
The criteria scoring is as follows:
• Start-up Plan —10%
• Facilities and Equipment — 5%
• Vehicle and Fleet Management — 10%
• Project Management, Operations and Administration — 30%
• Qualifications — 15%
• Cost of Performing the Required Work — 30%
Each of these criteria were applied to the three proposals to gain a numerical scoring comparison as
follows:
MM
U=
SCOTT CO. TRANSIT: &-'=
==
Comments: ACT requires the hiring of 6 — 7 full time drivers, and the timeline for interviews, hiring
and training are very tight and will be difficult to attain. It is likely that none of the drivers hired will be
familiar with the Shakopee area and will need extra time to achieve a smooth operational flow. The
ACT proposal does not address radio equipment nor does it address how radio transmissions from
dispatch will reach all of Shakopee. Laidlaw gains the full ten points because they would require no
start-up since they are the current provider. Scott County Transit, while fully prepared to begin service
operations at any time, would have some start-up challenges due to the necessity to transfer data and
vehicles, and would require some time to become acquainted with Shakopee customers and City service
quality expectations.
Facilities and fouipment — 5% ftm of 5 pis.)
ACT: 2 points
Comments: ACT proposes to lease and occupy a building in the City of Shakopee for vehicle storage,
washing and minor maintenance. It will be very difficult to rent a suitable facility and equip it with
adequate tools, supplies, washers, etc. within the timeline required. Both Scott County and Laidlaw
2
have storage and maintenance facilities available to them now, and are fully staffed to conduct required
maintenance. Laidlaw receives an extra point for their existing knowledge of the Shakopee transit
vehicles, both by the mechanics and by the drivers.
Vehicle and Fleet Management —10% (Max. 10 NN)
ACT: 4 points
Comments ACT proposes to purchase a new vehicle to add to the current Shakopee transit fleet, but
their timeline for such a purchase is extremely short and is probably unattainable. (New vehicles are
currently requiring 9 months to 1 year from the time of ordering to the delivery date.) ACT also has
what appears to be an unrealistic timeline for the rental and equipping of a storage and maintenance
facility in Shakopee. Scott County proposes services not requested in the RFP, and intermixes Shakopee
transit operations with Scott County Transit operations (e.g., circulator service). While these services
may or may not prove to be useful and beneficial to the residents of Shakopee, there is the concern that
service level expectations among residents may be raised beyond a sustainable point from a financial
perspective. If service providers are changed in the future the City would experience serious challenges
to maintain current service levels. This intermixing of services also reduces the unique identity of
Shakopee Area Transit as an operation of the City of Shakopee and the attendant community identity
such a service provides. Laidlaw provides vehicle procurement and fleet management capabilities that
exceed the other respondents simply because of its overall size.
20 points
1
Comments All three respondents are fully capable of operating and managing the service. They meet
all requirements listed in the RFP. Comparatively, Laidlaw scores higher because of its knowledge of
the Shakopee system, because of its well documented driver training program, and because of its
extensive affirmative action program. The pre - school service drew mixed responses from Scott County
and from Laidlaw. Scott County proposes an extensive make -over of the vehicle to be used for this
service, to include seat belts and child restraints. They also propose a higher rate (not identified) for this
service. Laidlaw does not include the pre - school service in their proposal, but would add a van if the
service were to be required (for an additional, unidentified amount). Some of the employees proposed to
be utilized by Scott County for the overall service provision would not be connected to Shakopee in any
way, but would be operating Scott County equipment in Shakopee.
N
Scott County does propose a more extensive service plan than do Laidlaw or ACT, but there is some
concern, as identified earlier, that this additional service may create service expectations that would be
difficult to match with available resources if the contract service provider is changed in the future.
ACT: 12 points
Comments: All three respondents to the RFP are qualified to operate the service. All three currently
provide quality public transit services, with no known contract defaults in this market. Scott County and
Laidlaw receive higher scores for their current operational capability in the Shakopee area. Laidlaw
gains an additional point for its overall size and financial resources.
FIT
a=
�7. CO. TRANSIT: 28 point-,
Comments: The cost criteria section of the RFP responses is difficult to score. Each of the three
proposals utilizes a different method of determining cost.
Scott County has provided what appears to be a marginal cost bid, that is it only includes costs that
would increase as a result of providing the service proposed. If this is indeed the method used it is fully
legitimate based on previous court rulings. The proposed costs in the Scott County proposal are
determined by line item costs presented in an annual cumulative total. The costs are not determined by
An
the standard revenue hour rate. As such it is difficult to determine whether or not operations hours that
are comparable to the Laidlaw proposal are included. This proposal does include costs for operation of
the day care service, which appears to be calculated at a considerably higher rate than is the cost for
Dial -A -Ride or the proposed circulator (commuter) service. Scott County also lists start-up costs
separate from the overall cost figures. According to the Scott County proposal (and taking into account
all of the points raised above) their proposed cost for year one service is $323,360.50 plus $15,150.00 in
start-up costs, for a year one total of $338,510.50. Year two service would reflect an increase of 3%
over year one operations totals, resulting in $323,360.50 X 103% _ $333,061.32. Once again, it is not
clear whether comparable service hours to the Laidlaw proposal are being proposed by Scott County.
ACT provides even a more challenging cost scenario. They have provided numbers under "Cost
Proposal" of 2002 - $34.70 and 2003 — 35.55. These numbers are not further identified, but they are
assumed to be some sort of an hourly rate. No specific service hours are identified in the proposal.
There is an identification of drivers' work hours in "Annex A" of the proposal that lists the total hours
over a two week period. This cost proposal from ACT is unclear and is not possible to evaluate based
upon existing information.
-1 _r1
Based on the above evaluations, the cumulative points for the RFP responses are:
R UM
As can be seen, the Laidlaw Transit Services proposal narrowly outscores the Scott County Transit
proposal. The margin would be even greater if the proposed hours of service by Scott County are less
than those proposed by Laidlaw. However, the Scott County proposal does include day care service
(with the caveat that they want to discuss this service Rirther before operating it), while the Laidlaw
proposal does not.
The City of Shakopee will have to determine the importance of maintaining a separate community
identity through the operation of its own opt -out transit service if the Scott County proposal is
considered. Over time it is anticipated that the line between operation of the Shakopee transit program
and operation of the Scott County Transit program will be blurred. This is not suggested necessarily as
a negative, nor is there any indication in the Scott County proposal that this is in any way their intent.
Rather, it is an observation based on many years of experience in the transit industry.
It is concluded by this analysis that the proposal by Laidlaw Transit Services, Inc. should be accepted
and a contract for transit services between Laidlaw and the City of Shakopee be prepared and executed
as soon as possible.
5
ACT recognizes the difficulty in transitioning transit programs to a different
vender. ACT ensures that the transition time will be short.
ACT plans to have an extra vehicle on staff to provide service in case of
difficulty until all drivers are effectively trained and all schedules are ironed
out.
ACT will also use extra dispatch personnel to guarantee timely phone
service as clients transfer standing orders and ride requests.
I. Start-up Plan
A. I estimate that there will be a need of 6 -7 full -time drivers. ACT currently
has adequate dispatch staff for the Shakopee Dial-A -Ride program. (See
Annex A for Drivers schedule).
B. Completion Date of Tasks:
1. February 4- Contract awarded.
2. February 11 thru February 21 -Hire 6 -7 full time drivers.
3. February 15- Purchase one 15 -20 passenger short bus and have
vehicle inspected.
4. February 21 thru February 26- Training, physicals, and drug
testing.
5. February 27 and February 28- DOT inspections of vehicles to
transition certification to ACT.
6. February 27 and February 28- Road training of drivers to
familiarize drivers with city.
7. March 1 Start Date.
C. Materials and Equipment to be purchased:
1. One 15 -20 passenger short bus.
2. Safety equipment for vehicles.
II. Facilities and Equipment
A. ACT will rent adequate storage facilities in the City of Shakopee. I
estimate that a commercial building of about 2200 square feet will be
adequate.
B. The rental space will have enough space to store, wash, and do minor
maintenance on all vehicles. Minor maintenance will consist of oil
changes, lube jobs, brakes, etc.
III. Vehicle and Fleet Maintenance
A. Vehicle Procurement:
1. ACT will assume the use of the three vehicles that the City of
Shakopee is using. ACT has 2 -1997 Ford Champion Short buses
available to devote for the service. One will be for the Pre-
school service and one will be for a back -up vehicle for the
whole service. ACT will purchase one 15 -20 passenger short bus
to provide the Commuter/Express service.
B. Vehicle Maintenance:
1. All ACT Fleet vehicles rotate on a three week basis for
Preventative Maintenance Check. At this time the vehicle is
inspected and checked for repairs. (See Annex B for
Maintenance Program)
2. ACT has 2 full time mechanics and a part-time maintenance
technician on staff. All Preventative Maintenance is completed
"in- house" and 95% of repairs are done. Record keeping is done
by the mechanic.
3. It is ACT's goal to limit down time of any vehicle that needs to
be repaired. A vehicle is usually repaired within a 3 -4 hour
period after breakdown. If the breakdown is serious, such as a
transmission or a motor, the repair may take 2 -3 days. ACT has
never missed a service day for their current contract because of a
dead -lined vehicle.
4. Drivers will be required to wash and cleaned prior to the start of
their shift.
IV. Project Management, Operations, and Administration
A. Organizational and Operational Structure:
1. Dispatchers: Dispatch will direct all daily operations of the Shakopee
Dial -A -Ride. ACT currently has 3 full time dispatchers and one part-time
dispatcher. Upon award of the contract to ACT the part-time dispatcher
will move to full -time. All dispatchers are trained to be drivers and can
fill in for any missing driver.
2. Driver /Supervisor: One driver will be hired to offer additional
supervisory duties that the dispatchers can not complete. These duties will
include organizing driver's schedules and log sheets, reporting
maintenance and repair requests, and verifying that all vehicles are
cleaned daily.
3. Drivers: Perform daily maintenance and cleaning on their assigned
vehicle. Drive daily routes, follow dispatchers instructions, maintain
driver records.
4. Maintenance Technician: Organize weekly maintenance schedule.
Update maintenance and repair records.
5. Human Resource Clerk: Maintain employee records and schedule
training, physicals, and drug tests.
6. Administrator /Owner: Responsible for all operations. Maintain
billing records and communications.
B. Personnel Practices and Employee Relations:
1. ACT has never had an issue with turnover. We try to maintain a
positive work environment where people can enjoy their jobs.
The majority of employees have 1 to 3 years with ACT.
2. Affirmative Action Policy see Annex D.
3. Policy Manual see Annex E.
4. Drug Abuse Policy see Annex F. NOTE: The Drug Abuse
Policy is in the process of revision to meet new FTA statutes and
rules. The new version should be published by the end of
February.
5. 93% of ACT's employees are full -time employees.
6. Hiring Practices: Potential employees start with completing an
application. Qualified candidates are invited to come for an
interview. Background, motor vehicle, and reference checks are
completed. All qualified candidates will be asked to a second
interview. After which the best candidates will be offered
positions.
C. Understanding of Service: ACT has been under contract to provide dial -a-
ride services since 1997. ACT has developed operating procedure to
maximize the efficiency and cost effectiveness of dial -a -ride services.
D. Commitment to Quality: ACT's goal is to provide friendly, accessible
transportation to those in need. The people at ACT are aware of
importance of a dial -ride service to a small community. ACT will
commit to offering a safe, friendly, consistent and reliable service to the
community of Shakopee.
E. Licensing: See Annex for DOT Certification.
F. Insurance: See Annex for ACT's current insurance.
G. Record Keeping: See Annex for reports that will be supplied monthly to
the City of Shakopee. Drivers will complete route logs and turn it in daily.
Dispatchers will reconcile all information daily.
H. Risk Management: ACT believes that training and awareness are the best
tools to avoid risk. ACT relies on the judgment of drivers to determine
levels of safety and thus only hires the best person available.
I. Complaint Resolution: Complaint resolution is important to maintaining a
positive perception within the community. It is ACT's goal to resolve
complaints quickly and amicably. The current dispatchers are aware of
the complaints that are most often voiced and will act proactively to avoid
them. Any complaint will be directed to the supervising dispatcher. If he
can not resolve the complaint, he will direct it to the administrator. The
supervising dispatcher will document the complaint on an incident report.
The administrator will then contact the parry and research the complaint
and try to resolve the complaint. The administrator will research the
issues of the complaint with all the ACT employees involved. The
administrator will then communicate his findings back to the party that
originated the complaint. The administrator will contact the City of
Shakopee if there is no resolution or if the nature of the complaint is
severe enough to warrant it.
J. Fare Accountability: The Driver will document on their drivers log the
form of payment of all passengers that ride on their vehicle. At the end of
every day the supervising driver will empty the fare box and reconcile the
forms of payment. These fares will be recorded by the dispatchers and
totaled at the end of the billing cycle.
K. Accident and Safety Record: ACT prides itself on its safety record. Over
the last calendar year we only had one accident.
L. Training:
1. Training Program:
a. Before Training:
Orientation- 4 hours- Covers all current policies and
procedures and one hour of drug and alcohol awareness.
Passenger Assistance- 1 hour - introduces basic passenger
assistance techniques.
Radio Operating Procedures- .25 hour- Instructions on
mechanical use of radio and proper use of radio.
Instruction of Accessability Equipment- 1 hour- basic
instruction on wheel chair lift and restraint system.
Emergency and Accident Proceedure- .5 hour- instruction
of what to do in accidents.
Fire Extinguisher Training- 1 hour- basic use of how to
handle fires and evacuating the vehicle.
b. Within 45 days of hire:
Standard First Aid- 4 hours
Defensive Driving- 4 hours
Abuse Prevention- 4 hours
c. Within 65 days of hire:
Passenger Assistance Ambulatory- 4 hours
Passenger Assistance Wheel Chair user- 4 hours
V. Qualifications:
A. Qualifications of Personnel: See Annex for resumes.
B. Contracts:
1. Maple Grove Dial -A -Ride: ACT was awarded the contract in
1997 and an extension in 2000.
2. Hopkins Hop -A -Ride: ACT was awarded the contract in 1998
and an extension of three years in 1999.
3. Osseo Dial -A -Ride: ACT was awarded the contract in 2001 by
the Metropolitan Council to addend the Maple Grove Dial -A-
Ride.
4. ACT provides medical transportation throughout the
Minneapolis /St. Paul area and the western counties of the metro
area. ACT services the following payers:
a. Medical Assistance.
b. Medica Health Insurance
c. Health Partners Insurance
d. Blue Cross Blue Shield Insurance
e. UCARE Insurance
C. References: ACT hopes that contact is made with its current Contractees.
ACT is proud of its record.
VI. Cost Proposal:
2002 $ 34.70 2003 $ 35.55
EXECUTIVE SUMMARY, PROJECT APPROACH AND
C OMMITMENT • WORK
Laidlaw Transit Services
( Laidlaw) and its predecessors
have been operating Shakopee
Dial -A -Ride service since 1989.
Throughout the years, we have
worked closely with the City of
Shakopee (City) on key issues
such as routing and scheduling,
the distribution of service
information, and changes in
service.
This proposal details our ability to be the best choice for the City in meeting 100% of the
evaluation criteria. This summary highlights Laidlaw's response to the six key evaluation
areas.
Startup Plan
Laidlaw is already fully operational. The risks involved in a startup operation in this
marketplace with low unemployment and a limited workforce, give us a large advantage over
other carriers. Where others may only hope that their startup plan can be successful, we are
successful and eager to reward our employees for their past commitment to this program by
giving them security for the upcoming years. We are prepared to meet the transit needs of
the City in providing Dial -A -Ride Services, Commuter Express Service and Pre - School
Services.
Facilities and Equipment
Laidlaw is already fully operational. The facilities we are using function effectively for the
operations of this service. We do not need to secure any additional equipment to run the
Dial -A -Ride Service. Our proposal includes a plan that uses current vehicles to start up the
Commuter Express Shuttle service to Eden Prairie. We believe this plan could be
implemented as early as March 1'
AW
"IAOM W
TRANSIT SERVICES, INC.
Vehicle and Fleet Management
Nationally, our written maintenance procedures and Preventative Maintenance Program are
proven industry leaders in this area. Locally, this program has been praised by Charles
Stadt of the Minnesota Department of Transportation for its "continued excellent service"
in keeping the vehicles in excellent shape to pass the Minnesota DOT auditing. Our
programs meet 100% of a large shop of -the RFP requirements >n this area. We utilize our shop i
Burnsville to maintain this equipment because it allows us to take advantage
operation giving us the best oversight and care for this small fleet of vehicles.
project Management, Operations, and Administration.
There are many components in this area of the RFP. When self - evaluating this area, we
understand why our service to our customer has been so successful: it is because we have a
management team that cares for others. Our long -term success in meeting the many
challenges of providing this service has happened because people who put their heart into
their job have driven it. We believe that this is the only way to really be successful in any
business, but particularly in this business where daily interaction with people is at the heart
of the business.
A critical component of our success is in having a company that provides many programs
and corporate assistance in areas of: computer systems, safety programs, risk management,
tr ainin g programs, EEO and compliance programs, employee relations and HR programs,
pay and benefits programs, behind - the -wheel training programs, insurance programs, and
programs for all aspects of running the business. But the key to our success is giving these
tools to the local management and letting them use their expertise and experience to meet
the needs community of Shakopee when applying these programs.
The Laidlaw structure works because it allows the local management to make decisions
about how to best conduct our business with our local customers, employees, and
communities in mind; it allows the local management team to make decisions driven by their
heart, while using their head, that makes us so successful in this area.
When you review our response to this section of the RFP, you will find that we meet 100%
of the details and comdonents req h ed righ way and will commitsto find that they oca you
will
management team has g
continue to do things the right way.
There is a genuine concern for people that drives our success and we are very proud of this
approach to doing business in Minnesota. Eighty percent (80 %) of our drivers will have
been with us for more than 3 years. In this marketplace, within the very competitive
parameters of this environment, this fact alone speaks volumes about why we are successful.
and are We certainly can get better, committed to doing so, but our people deserve to be
given the opportunity and privilege to continu e serving this community, to which they have
committed themselves.
Qualifications
In out response you will find that our relationships with our other customers are positive
and similar to the relationship we have developed with Shakopee. Our strong presence in the
Minneapolis /St Paul area helps focus us on continuing to "raise the bar" when it comes to
meeting or exceeding our s who mers want e po to at least as well e as their o hrts acmrosstow spirit
among our Project Manager
2
Our local Project Management team works very well together. This provides a network of
experts in operations that often discuss with each other any and all issues that affect our
daily business. This exchange makes each operation better. Whether you call Tim Kirchoff
at the Anoka Traveler; Dave Jacobson at the Metro Mobility Administrative Center; George
Bentley at the City of Plymouth; Len Simich, at Southwest Metro Transit; Beverly Edwards,
at MVTA; Judy Hutchenson at Lake Area Bus and NEST; Rita Debruyn at Five Cities
Transportation; or Ed Barnum of Teamsters Local 120; you will find that we are committed
to finding successful ways to making our operations work.
We are very fortunate to be ible to suggest that perhaps our best reference is among the
customers we serve on a daily basis. We have worked hard to develop relationships that we
believe are the envy of many transit systems throughout the country.
These successful partnerships are based on the core ingredients of any successful
partnership: honesty, trust, open communication, respect for each other, and commitment to
finding successful solutions to problems no matter how large or small. We are so used to
having this relationship as the norm, that we often do not realize that this relationship, as in
all long -term relationships, is unique and was developed through years of hard work. It is
not something that is easily replaced. It makes both of us better business partners and, more
importantly, better people. It is something that is worth cherishing and continuing to
develop.
Our local team of drivers, led by their Operations Manager, Christy Schmidt, understands
that on -time performance, safety, and responsiveness to the customer are the key ingredients
to a successful operation. They treat this operation with the care you would expect to find in
a small transit system. They use Laidlaw's corporate structure as a reference that provides:
state -of -the ar t computerized dispatching systems, safety and training programs,
maintenance programs, drug and alcohol testing programs, and expertise in human
resources. This mix of local experience and expertise with the corporate support structure
makes Laidlaw a strong choice for the City.
We are very proud of the attitude of our Shakopee staff. The many complex issues that arise
daily are handled with care and concern for both the rider and the City of Shakopee. We
believe that we offer not only professional service management and delivery — we offer it
.with a spirit of compassion and concern for the people we serve. Because of the daily
interaction with the people who rely on us for their main source of transportation, the
commitment to this attitude has been developed and nurtured over the past years that we
have operated this contract The employees working for us often make decisions by letting
their heart guide their head when making decisions. We believe that it is within this
framework that the best decisions are made for both our customers and our Company. It is
within this framework that our policies and procedures are developed and revised as needed.
Cost of Performing Required Work:
Laidlaw again is in a unique position of understanding this market better than any other
business. We understand the market because we are dealing with it daily in a number of
local operations. We share local resources to help ensure service delivery to each of our
operations. Our local Project Managers share ideas when it comes to recruitment, retention,
innovative incentive programs, and other aspects of the operation. We have a local
Teamsters Union that we deal with. Our positive relationship with the Union is similar to
the one we have developed with our local business partners. It is based on the same key
ingredients of honesty, trust, open communication, respect for each other and commitment
MW
3 "10" W
TRANSIT SERVICES, INC.
to finding successful solutions to problems no matter how large or how small. Our
relationship with the Teamsters is useful by keeping us ever aware of the need to pay our
employees fairly and to treat them fairly, almost providing an outside audit in these areas that
are of great importance to our company. We have developed a relationship that has given
the Union an understanding of our business and how critical our service is to the
community. We have built a relationship that allows us to be flexible because of the specific
needs of this contract. They appreciate and take a certain pride in being associated with a
business that truly serves people.
We know that this critical area needs to be paid close attention to. Our current driving staff,
which will have an anticipated 80% of the workforce with us for more than three years
shortly after the beginning of this contract, allows us to ensure that service will not only
continue, but continue to thrive and improve. Our benefits package, driver scales, and
incentive programs work.
Our responses to the service requirements set forth by the City of Shakopee provide
extensive additional detail to assist in your evaluation. We are very proud to have worked
with the City of Shakopee over the past 12 years and look forward to continuing our
partnership. We are very committed, both locally and as an organization, to demonstrating
our dedication to the City of Shakopee in the next contract term. This commitment is the
foundation of our purpose and the basis of our promises.
Vy-
To clearly understand the proposal that Scott county Transit would like to offer,
please consider the following items:
Scott County Transit
Page 1 of 12
Vy-
/ /; / i' , / ' /,' /
Start-up Plan 0.
A. Hiring tim elines - -
The start-up plan for each service would be slightly different.
However, each service would require the following:
1. Transfer of customer Data records from your current system to
Scott County Transit's. This would be a more effective and
economical way to start the process.
2. Forty to Fifty hours of training (as required in Scott County Drivers
manual) (Attachment B - Driver Orientation and Training) for all
new hires. This would include dispatch, bus aides and drivers.
3. Route planning /timing.
4. Vehicle inspections and preparations.
5. Radio Communication /Cellular phones/ Customer Service phones.
6. Additional space for dispatch and operations.
7. Notification of clients.
8. Purchase necessary equipment (car seats etc).
9. Advertisement/ Brochures
10. It is recommended that Scott County Transit transfer the current
phone line for Shakopee Dial -A -Ride, but changes the name to
coincide with Scott County Transit.
It would take approximately 45 days to accomplish the tasks listed above.
The specific items listed below are included in the 45 -day time frame, and
are more specific to the type of service provided.
ial -A -Ride The Dial -A -Ride buses would operate from 6:00 AM to 7:00 PM, Monday —
Friday and an additional four hours on Saturday. This would include One bus
(Owned by the City of Shakopee) and two drivers at a .80 and one Part time
driver at a .50. The hours would be divided up to equal 13.5 hours per day In
addition to the drivers, we would hire a full time dispatcher to take calls and
orders, and schedule drivers, etc The dispatchers functions would be shared
with the circulator and pre - school services as well. Scott County Transit also
has a Dial -A -Ride service that consists of 15 small to midsize buses. Often
times this service would be available to back up the current service provided by
the City of Shakopee. There would be no additional costs associated with the
assistance of Scott County Transit's buses or drivers used to perform this
service. It is safe to presume, we would eliminate over lapped routes and
duplicated services, ending up with a more efficient system.
Circulator The circulatorlexpress service recommended in this bid would consist of one to
two buses provided by Scott County Transit and two 1.0 drivers. The City of
Shakopee would take responsibility for only one of the 1.0 positions. This bus
would operate primarily during peak hours and it would be available during off
peak hours as needed. The circulator would have stops located not only in the
City of Shakopee, but also stop at large employment sites and high density
housing developments. At this time, the stops on these routes have not yet
been determined. However, we do anticipate that some or all of the following
locations should be considered. St. Francis Hospital, Horiday Gas on 41 and
Scott County Transit
Page 2 of 12
169, Mystic Lake Casino, Shakopee Park -n -ride, Bona Vista Mobile Park,
Workforce Center, Downtown Shakopee, and connection to the SW Metro Park -
n -Ride facility located off Walnut Street in downtown Chaska. This service
would connect with a circulator currently being negotiated with Carver County
and a SW Metro Transit Bus. The Carver County Circulator would serve
throughout Chaska and Chanhassen, to other employment sites and frequent
destinations. This would allow Scott County residents, with emphasis on
Shakopee households, transportation to and from work and for inter day travel
and vise versa. In the same respect it would allow for employees and residence
of Carver County access for travel into Shakopee. The SW Metro Bus has direct
commuter service from the park -n -ride in Chaska to the SW Metro Station, from
which service branches to a variety of destinations.
The enclosed Exhibit (2) is a map and brochure provided by SW Metro Transit,
designating stops and times. Both Carver County and SW Metro Transit would
subsidize their own service, while the investment in the circulator from
Shakopee would be shared with the City of Shakopee and Scott County Transit.
Included as Exhibit (3) are letters from other entities procuring flag stop
locations and providers showing their commitment to collaborate and provide
service connections.
Near the end of the 1 st quarter of 2002, hopefully aligned with SAT's operational
turnover, Scott County Transit intends to implement a pilot project supported by
the Metropolitan Council to include additional express service inter /intra - County.
Monday through Friday this express service would make two early morning
pick -ups and evening drop -offs at park -n -ride locations along 169.in the Belle
Plaine and Jordan areas. Passengers would be transported from park -n -rides
in the Belle Plaine and Jordan area's to employment destinations in Shakopee.
The first destination will be Shakopee's Park -n -ride off 169, near 83. Here,
passengers would transfer from and to Shakopee's Circulator and the express
service taking them to their final destination in Shakopee or to continue North on
169 to the Preserve Village Park -n -ride off Anderson Lakes Parkway. At
Anderson Parkway it would it would connect and transfer passengers onto a
SW Metro Bus traveling to Downtown Minneapolis, Upon returning from
Preserve Village Park -n -ride, the express will head back to Shakopee's Park -n-
ride with the intention of carrying employees commuting to Shakopee
employment sites form Eden Prairie, (that had connected from SW Metro
Transit's Bus). This express may then continue on to assist during peak hours
for providing service like that of the circulator from the Shakopee Park -n -ride
location to job sites, etc. The same express service would be duplicated at end
of the day during peak hour returns.
Again, this is a timely opportunity to bid on this proposal in that operating the
combined system would align well to one another. During the six months of the
pilot project we anticipate the majority of this express service would be funded
through Scott County Transits current budget. As stated earlier, the
Metropolitan Council will provide a bus to us for the express. At such time, we
would include the City of Shakopee in the planning process. Should it be
Scott County Transit
Page 3 of 12
Shakopee / i /
Naturally, many things are contingent upon the estimated delivery dates for
each of these services. Unless there are circumstance beyond our control,
we will need forty five days after being awarded the contract and /or the
implemented start dates.
Please refer to Exhibit (4) for specific details of completion dates.
Scott County Transit
Page 4 of 12
C. Identirication of materials and equipment to be purchased
Sh akopee D / / B i d .-..;
Facilities and Equipment (5Yo)
A. Location of facility suitable to meet the requirements of contracted
All vehicles would be stored at the facility located at 260 Holmes Street in
Shakopee. This facility has the capability to plug all vehicles into outlets and
has twenty four -hour surveillance. This is also the location of Scott County
Transit; drivers break room and Transit Supervisor. In addition, all vehicles
would be maintained at our facility located at 600 Country Trail in Jordan. This
facility is a 25,000 square foot facility that is used to house and maintain all
county heavy -duty equipment. At this facility, we have three full time
mechanics dedicated to Scott County Transit, fuel islands, and indoor heated
wash rack area. .
Vehicle and Fleet Mana (10%)
A. Veh procureme
, _
vehicle speciffications.
Dial - -Ride We anticipate the City owned vehicles t We would d l�ike possession of the said
would include preventive mainte nance
vehicles Five business days prior to the service start date. We can alternate the
buses as we bring them in for inspections.
services
Circulator Again, we anticipate the City ow vehicle five business days prior to service
We would like possession of the
start date.
Pre - School The Pre - school buses will need some
nts into tpr
his vehicle. In addition, having to put seat belts and child
would need to prepare a spare bus with the necessary equipment as well. Our
plan would be to prepare the first bus Ten days prior to start date and within 30
days have the spare bus ready for back up. Scott County Transit is committed
to providing any additional equipment emay necessary before and after
fora mooth
service start dates. We understand that this
transition.
B. Vehicle Maintenance rocedures and ability . -
-.
compliance with
Please refer to Attachment B — Scott County Driver Manual,
Vehicle Operations and Safety under Vehicle Maintenance.
Scott County Transit is com mi tt ed
Th is would include our vehicle safety and com vehicle
p
maintenance program.
Scott County Transit
Page 5 of 12
anak Dial-A-Ride Bid
2. Plan to keep vehicles clean inside o utside on a daily
Please refer to Attachment B - Scott County Drivers Manual Vehicle
Operations and Safety under Bus Cleanliness.
Scott County Transit is very particular with bus cleanliness. This is
indicative to our customer service standards. Our drivers take pride in
driving clean equipment, and they are ultimately responsible for the
cleanliness of the vehicles they drive. In addition, we have Community
Service programs that encourage them to assist the drivers with
keeping the vehicles clean and safe. Each bus is put on a daily routine
schedule to be cleaned. The cleaning takes place out at our highway
maintenance facility in Jordan. The drivers have immediate access to
an indoor wash bay that includes a vacuum cleaner, pressure washer,
mop, buckets and all necessary cleaning supplies.
p Manag
A. Proposed organizational and operational e for this project,
including any subc ontracto rs.
Please refer to Exhibit (5) - Organizational Charts.
Scott County Transit does not anticipate subcontracting out any services.
.' - '.. • . - • •
Please refer to Exhibit (6) - Staff Responsibilities for the following
positions:
Driver, Scheduler, Bus Aide, Transportation Supervisor,
Maintenance Supervisor, Mechanic, and Public Services Manager
WIN M_ ii�111111iiiiiiii
.. •
1. Turnover Ratio.
We are unique in that we are not a private entity. We pay a higher rate
per hour, there is more job security than in the private industry, the benefit
package is extremely attractive, and we provide a safe, employee friendly
environment, matched with safe operating equipment. Our staff members
are very rarely required to work overtime, and there are minimal weekend
hours, making for a less stressful working environment. The philosophy of
'the administration office and its management is to improve our quality of
life and, by making that a priority, it will improve the quality and
productivity in our working environment, thus improving employee
retention. The current countywide turnover ratio for 2001 was 8.22 %. It
would be safe to assume that the turnover rate in the Transit department
alone would be considerably less than the countywide average.
Scott County Transit
Page 6 of 12
VI_
anakopee Dial-A-Ride Bid Oftkd
Please refer to exhibit (7) for our Affirmative Action policy
Scott County Transit is committed to providing the highest quality,
zero-defect transportation services, emphasizing safety, training,
and value-added solutions. This commitment includes meeting our
customer service requirements, representing the customers'
interests consistently with honesty and integrity, and continually
improving the quality of the service we provide.
Please refer to our driver manual Attachment B - Driver
Qualifications/Requirements
S County Transit
Page 7 of 12
Vy-
- -. .- - -
Scott County Transit has been providing quality public transportation
services for over 25 years. We have a dedicated administration staff
specifically trained in the study of transportation operations, safety and
planning. We understand the needs and the demands of providing
transportation services to communities and what their expectations are.
E. Commitment to meet service quality and productivity •_ •
designated for the se rvice.
Scott County Transit is committed to providing the highest quality, zero -
defect transportation services, emphasizing safety, training, and value -
added solutions. This commitment includes meeting our customer service
requirements, representing the customers' interests consistently with
honesty and integrity, and continually improving the quality of the service
we provide.
F. Licensing, or the ability t ob tain
Scott County Transit is currently licensed to provide these services and at
this time there would be no need for any additional licensing.
G. Adequate insurance coverage, or the documented ability to secure su
coverage. I
Please refer to Exhibit (8) for our insurance information.
1. Complaint resolution proce and complaint resolution tracking and
r epo
All nonconformance failures will be handled swiftly and directly. Scott
County prides itself with the highest customer service standards. Any
complaint that comes in to this office will be reported to the Project
Manager dedicated to the Shakopee bus service and will be recorded in
our customer incident database. Any serious issues will be a collaborative
Scott County Transit
Page 8 of 12
Vy-
/ /' a d e Bid
effort with Michael Leek or the person directed to handle these procedures
in the terms of this proposal.
Please refer to the Scott County Drivers` Manual Attachment B - Customer
Service policy.
_ -
Please refer to the Scott County Drivers' Manual Attachment B - Service
Procedures /Fare Collections
Scott County Transit is extremely proud of our accident and safety record.
We have not had a DOT recordable accident in over 13 years of service.
In 2001, every driver in our fleet received a safe driving award. The
Metropolitan Council requires us to inform them of any type of accident
that exceeds $1,000.00 in damages and we have not yet reported any
single incident to them in over 7 years. Our accident and safety record is
second to none! In the event that we should have an accident, we have
the proper procedures in place.
Please refer to Attachment B - Emergency Procedures
B ehind - wheel training curriculum, and experience in tra ining
and other transportation staff.
For specific training guidelines, please refer to Attachment B - Driver
Orientation and Training.
Scott County Transit
Page 9 of 12
v If-
anakopee Dial-A-Ride Bid
Opportunity Partners — To provide transportation services to their clients to
work locations throughout the metro Area.
Please refer to Exhibit (9) - References
Scott County Transit has never defaulted on any previous contract in the twenty -
five years of transportation services.
E. Quality of - - under previous contracts . • - perfo rmance,
responsiveness to user complaintslneeds)
Scott County Transit has not lost any service contracts due to service failure since
it's inception. Our on time performance can only be measured by the satisfaction
of our customers. This would include any contractual agreements.
Financial reports — Because Scott County is not a public or privately held
corporation we are unable to submit financial reports that directly reflect Scott
County Transit. However, excluding capital funding, our annual operating
budget is $697,000.00, from which 50% of our budget is supported by the
Metropolitan Council, 15% by Federal Government and the remaining 35% is
made up from the county levy, fares, and contractual arrangements.
V1. Cost of Performing the Required Work (30%)
A. Whether the proposal is cost effective in relation to quantity and
q of - provided
We would provide three services, Dial -A -Ride, Circulator, and Pre - School
services. This would include the additional costs to operate the Dial -A-
Ride service for four hours on Saturday. Also incorporated into this bid, is
the assumption of riders based on the number of riders the City of
Shakopee reported to the Metropolitan Council for services in 2001. Each
service would be invoiced monthly for each individual operating expense
only. This proposal and estimated list of operating expenses are only a
guideline to determine approximates costs etc. The costs were estimated
in such a way that we should not exceed these expenses and any savings
would be passed on directly to the City of Shakopee. The city of
Shakopee would receive a monthly invoice indicating statistics and
operating expenses.
Please refer to Exhibit (10) for a financial breakdown of annual expenses.
Scott County Transit
Page 11 of 12
/ /'/
ongoing B. Whether the cost elements are realistic relative to start-up and
costs.
We anticipate the costs of these services to decrease, as we increase
productivity. This bid was proposed on the basis that all of these services
were necessary and the number of buses and /or drivers were needed to
provide this service based on the RFP. However, we expect these
expenses to depreciate, as we become more efficient We believe that
many of your customers may be accommodated under our current
transportation system thus, reducing the volume of hours/buses
duplicating services. In addition, we also anticipate the number of riders
to increase because of the design and layout of our long range County
Transit Plan.
Scott County Transit
Page 12 of 12
ia D, `3�
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Request, in Connection with the Sale of Property to Three Rivers (aka
Hennepin Regional) Park District, for Waiver of City Code Chapter 12,
Subdivision Regulations (Platting), Section 12.05, Minor Subdivisions, Subd.
3, Procedure, B.
MEETING DATE: April 2, 2002
\ 1 1
In preparing for the closing of the sale of property by the City to the Three Rivers Park District (Three
Rivers), it was determined that three of the tax parcels involved in the sale were not being conveyed in
their entirety to Three Rivers. The title company has requested that the City approve a lot split for
those parcels so that new PID numbers can be assigned.
To affect the split of these parcels as required by the title company, it is proposed that the City's minor
subdivision process be used. The Code provision cited above provides as follows;
"...All lots created or changed must meet the design standards and other requirements
specified in Chapter 11 upon approval of the minor subdivision." (City Code Sec. 12.05,
Subd. 3, B)
Staff has not yet had the opportunity to fully review the parcels in question, but it is possible that the
parcels to be retained in City ownership may not comply full with lot standards under the zoning
provisions (Chapter 11). For that reason, Council is asked to waive the cited requirement of City Code
Sec. 12.05, Subd. 3, B, and direct staff to proceed with the processing of an application for minor
subdivision for the subject parcels.
1. Offer and approve a motion waiving the requirement of City Code Sec. 12.05, Subd. 3, B, that
all resulting lots meet the design standards of Chapter 11, and directing staff to proceed with
the processing of an application for minor subdivision for the subject parcels.
2. Do not approve the request to waive the requirement of City Code Sec. 12.05, Subd. 3, B, that
all resulting lots meet the design standards of Chapter 11,
3. Table the matter, and request additional information.
W��A
Offer and approve a motion waiving the requirement of City Code Sec. 12.05, Subd. 3, B, that all
resulting lots meet the design standards of Chapter 11, and directing staff to proceed with the
processing of an application for minor subdivision for the subject parcels.
R. Michael Leek
Community Development Director
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Employee Tuition Reimbursement Policy
DATE: March 27, 2002
Y� u s
r
The Council is asked to approve a resolution that would adopt standard policies for
tuition and education reimbursement expenses for City employees.
I'• � 1
For a number of years, the City has had a policy that allows for the reimbursement of
certain expenses for employee job - related education. This would be for optional
education, usually leading to a certificate or a degree, as compared to mandatory training
or short-term seminars. A number of employees have taken vocational or college level
classes that have provided for a better employee, and a better City workforce. Other
portions of the policy cover participation in out -of -town conferences and seminars.
In reviewing the existing policy, it was apparent that there have been different practices
between the different departments of the City. Department heads discussed and reviewed
a number of proposals that, if adopted, would standardize education and continuing
education participation for employees.
Note that to be eligible for tuition reimbursement, the education must be job related, and
will vary from position to position. It will be the responsibility of the department head
and City Administrator to determine eligibility.
The attached resolution contains modifications to the "Continuing Education" portion of
the employee handbook. Highlights are as follows:
1. In order to attend a national conference, employees must have been employed by
the City of one year, unless otherwise approved by the City Administrator. (The
City Administrator authorization is the added language).
2. Non - department head employees may be eligible for a national conference
attendance once every two years, rather than the previous "every four years ".
Depending upon how many non - department head employees are in a department,
once every two years might be more realistic. (For practical purposes, we do not
have that many non - department heads who attend national conferences).
Requires an employee who takes traditional post -high school courses to remain
employed by the City for two years following the completion of the course. If
they do not, they would be required to reimburse the City for the expense.
4. Specifies that 100% of the first $1,000 of tuition is reimbursable annually. After
that, reimbursements may be 50 %, but not to exceed the total of $3,000 per
person per year.
5. Other grammatical and housekeeping items are shown as underlined.
No reimbursement will be authorized unless money is budgeted in the departmental
budget for that year. It is the department heads responsibility to ensure that funding is
available. The City Administrator must approve the expenditures as a job related training
cost.
I recommend that the modifications be adopted.
1 1
If the Council concurs, it should, by motion, adopt the following:
RESOLUTION NO. 5679
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
RESOLUTION NO. 4213, ADOPTING A PERSONNEL HANDBOOK
Mark McNeill
City Administrator
MM:th
RESOLUTION OF L OF O MINNESOTA, i • 1
RESOLUTION • ADOPTING • HANDBOOK
REAS, on May 2, 1995, the City Council adopted Resolution No. 4213,
adopting a new Personnel Handbook for the Employees of the City; and
WHEREAS, the city encourages employees to continue their formal educational
training by taking academic courses to keep pace with the demands of their job and to
acquire knowledge and develop skills necessary to enable them to seek promotional
opportunities within the city; and
That Resolution No. 4213, adopting a Personnel Handbook, is hereby amended as
follows:
1. Conferences and Seminars.
a, General. The City may pay for conferences. and seminars that the employee's
department head determines will contribute to the better performance of the employee's
job and the City's business. A conference or seminar is a course that occurs in one
continuous block of time. To qualify for payment, the employee must secure the prior
approval of the department head,' aftef''verifying, that the expenditure is within the
budget.
Appropriate receipts must be kept, and all other travel expenses be documented.
Sufficient money must be available and budgeted in the departmental line item for
travel and subsistence.
b. Non-department heads must meet the following criteria:
To be eligible to attend a national conference, an employees must have
been employed as a full -time employee by the City of Shakopee for one
year, unless ppr ved b the he City Administrator Part-time employees and
those employed less than one ,year are encouraged to attend state or local
conferences.
• The department head shall make a recommendation that there will be a
benefit to the City for the attendance by the employee at the conference.
• If the non - department head employee is also a non-exempt employee, no
overtime compensation will be paid for the absence away from the City -
only straight time for the assumed 8 hour work days while attending the
conference; holidays which occur during the scheduled conference shall be
charged against holiday leave. The use of sick leave is not permitted.
• Attendance by non - department heads shall be rotated amongst eligible and
interested employees within a division/department, provided that no non-
department head employee shall attend a national conference more
frequently than one time every fetes two years, unless otherwise authorized
by the City Administrator
c, M Meal expenses will be reimbursed upon submission of receipts up to $35 per
day for conferences and other City business, unless the City Administrator approves a
different rate. The City Administrator may waive the requirement of a receipt.
d. Travel and Lodging. Travel and parking expenses may be paid or reimbursed by the
City. Travel time will not be paid er- FeimbtFSed if the destination is within the seven
county metro area. Regardless of the number of hours spent at a conference, the City
Will reinbxrse pay only a regular work shift per day. The City will pay for coach
airfare when it is estimated that flying is Eheapef less cost than driving. This
comparison shall include the employee's travel time. The City will pay the single room
rate for overnight stays at conferences. If there is not a designated hotel for the
conference, the employee should use reasonable judgment in selecting lodging based on
cost, location and quality. Employees should seek a government discount.
e. Excluded Expenditures. The City will not pay for alcoholic beverages, entertainment,
personal telephone calls (other than one of no more than five minutes to home per day
for overnight stays), and other personal items not specifically designed to benefit the
City. Absences for longer than two weeks may have additional telephone calls
authorized by the City Administrator. The City will not pay for lodging in the metro
area.
2. Employee Tuition Policy. The City may reimburse a regular employee for tuition
expenses and course fees under certain circumstances. There shall be no reimbursement
for n leageJparking expense. Required books, lab student activity fees, and material costs
will not be reimbursed. Tuition expenses are available for a course occurring in non-
continuous classes over a period of time.
a. Pre - Approval. Prior to starting a class or classes, the employee must obtain approval
from the employee's department head and the City Administrator that the class,
certificate, degree or overall achievement is job related and that the request is worthy
and would fill a need within the department. The department head should verify that
the department budget can cover this . Approval of enrollment in a mul ple-
year cours of study is no 9parantee that funding will be available in subse quent years.
. Satisfactory Completion. The employee shall provide the department head with
proof of satisfactory completion C.e., a grade of C or above in technical school or
undergraduate college; a grade of B or above in graduate school) of any course
requested for reimbursement, prior to reimbursement.
c. Time Off. If classes are during the regular work day, a non-exempt employee must
take that time as compensatory time, vacation time, or leave of absence without pay, or
the employee can seek a flexible scheduling arrangement approved by the department
head. Classes or course work taken by the employee must not disrupt or interfere with
the normal departmental operations.
d. C ontinued Employment. The employee must remain with the City of Shakopee for
two years following completion of the course or reimburse the C '*y for the expense.
e. Funding ocedure. The City mU -imbu - se its employees 100.P it for the first
$1,000 of the cost of tuition After that, the reimbursement ma be 50 Perc ent, not to
exceed $3.000 per person per year. The scope, terms and conditions of this
reimbursem shall be defined and interpreted by the City Administrator.
Reimb ursement is limited based on availability of bu dgete d funds.
Note: The stfi let language is deleted; the underlined language is inserted.
Passed in session of the City Council of the City of Shakopee,
nnesota, held this day of 2002.
Mi
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
CON I VICR TT ,
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Employee Resignation/Building Official Position
DATE: March 27, 2002
�� @a
The Council is asked to accept the resignation of Building Official Fulton Schleisman,
and authorize the process to begin to fill the Building Official vacancy.
1 1;
Mr. Schleisman has been on a one -year regular unpaid leave of absence, which expired
March 29 He has notified us that he will not be returning to work at the end of this
leave. As such, he is deemed to have resigned from employment with the City. The City
Council should accept his resignation.
Mr. Schleisman has been employed by the City since January 1, 1982. A resolution of
appreciation is asked to be approved.
With this resignation, a vacancy will exist for the Building Official position. Building
Inspector Jim Grampre has been acting as Building Official for approximately the past
year. Community Development Director Michael Leek recommends that Mr. Grampre
be promoted to fill the position, with Council authorization.
The Building Official job description does not include supervisory responsibilities, and is
classified as non - exempt for the purposes of overtime. During the time that Mr. Grampre
has served as Acting Building Official, he has been performing supervisory
responsibilities. At some point in the future, we will look at the job description, and will
bring any changes back to you.
Mr. Grampre is currently at Step B of Grade 7 as Building Inspector, plus he has received
an additional 5% for serving as Acting Building Official. This totals $54,705 annually.
He would go to Step A on his anniversary of May 24 if there are no other changes made.
We are recommending that he be placed at Step B ($57,300) of the Building Official's
Grade 8 at this time; otherwise, he might be taking a pay reduction to be appointed to
Building Official position. His new anniversary date would be April 3 With the 5%
premium pay, he would have been almost exactly at the $57,300 figure on his old May
anniversary date if no other action is taken.
If the Council approves the changes as outlined above, there will be no impact on the
2002 Budget beyond what is currently provided.
I recommend that the Council accept with regret the resignation of Fulton Schleisman as
Building Official from the City of Shakopee, effective April 2, 2002, and further approve
a Resolution of Appreciation in recognition of his service to the City of Shakopee.
I further recommend that Jim Grampre be promoted to the position of Building Official
effective April 3, 2002, and that he be placed at Step B, Grade 8.
f 1
If the Council concurs, it should, by motion, approve the following actions:
Accept with regret the resignation of Fulton Schleisman as Building Official from
the City of Shakopee, effective April 3, 2002.
2. Authorize the filling of the vacant Building Official position by internal
promotion, and designate Jim Grampre as Building Official, effective April 3,
2002, at Step B — Range 8.
Adopt the following resolution:
RESOLUTION NO. 5690
A RESOLUTION OF APPRECIATION TO
FULTON SCHLEISMAN
Mark McNeill
City Administrator
MM :th
RESOLUTION NO. 5690
A RESOLUTION OF APPRECIATION TO FULTON SCHLEISMAN
WHEREAS, on January 1, 1982 Fulton Schleisman was appointed Technician I in the
Engineering Department for the City of Shakopee; and
WHEREAS, on March 26, 1986 Fulton Schleisman was appointed Assistant Inspector in
the Building Department for the City of Shakopee; and
WHEREAS, on January 6, 1992 Fulton Schleisman was appointed Building Official for
the City of Shakopee; and
WHEREAS, Fulton Schleisman represented well the City of Shakopee in his dealings
with the general public and at all times performed his duties in a superior and conscientious
manner; and
WHEREAS, Fulton Schleisman's work on behalf of the City of Shakopee and its
residents and taxpayers is sincerely appreciated by the City Council; and
WHEREAS, Fulton Schleisman has separated from his position with the City of
Shakopee effective April 2, 2002.
NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council on behalf of the
residents of Shakopee and City staff, that the Shakopee City Council does hereby extend to
Fulton Schleisman their deep appreciation for his twenty years of professional and dedicated
service to the community.
Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held
this 2" d day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Cleric
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: SPUC Commission Appointment
DATE: March 29, 2002
The Council is asked to affirm an interview process, and set a date for the appointment of
the two new SPUC Commissioners.
At the last meeting, the City Council authorized advertising for candidates to fill the new
vacancies for Shakopee Public Utilities Commissioners that are possible as a result of
special legislation increasing the size of the Commission from three, to five.
Applications for these vacancies close April 11 In order for appointments to be made
prior to the May 6th SPUC meeting, the Council should determine an interview panel, and
agree to make appointments at either the April 23 or the April 30 special meetings
discussed elsewhere on this agenda.
Previously Councilor Joos and Lehman were the members of the Council who were
appointed by Mayor Mars, and affirmed by the Council.
I recommend that two members of Council and the City Administrator be designated by
the Mayor, and be affirmed by the City Council to serve on the interview panel, and that
Council to agree to make the appointments at a special meeting in April.
► : § 1.7wcp
The Council should, by motion, affirm an interview panel, and agree to a date to make
appointments prior to the first of May.
Mark McNeill
City Administrator
uv-
ls�
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: General Fund Fund Balance
DATE: March 26, 2002
Introduction
Council direction on the General Fund fund balance level is requested.
Background
Although the fiscal year 2001 is not yet closed, council direction on
the desired level of fund balance is requested. The final information
on the total SPUC contribution to the city for 2001 is not available
yet. Without that piece of information, the General Fund fund balance
level is at 31 %. The minimum recommended is 15% for cash flow and the
current target level set by council is 25 to 35% of the following years
expenditures and transfers.
Council has been transferring money from the General Fund to the
Building Fund in recent years. The source of the money is increasing
development fees collected from growth and using said fees to pay for
new buildings needed because of the growth. The state has again been
looking at the size of the balances in city funds and some thought has
been given to reducing state aids /levy authority to those cities with
large balances. Cities report year end financial data to the state.
Given the above situation, does council want to transfer additional
money to the Building Fund or any other fund, from the General Fund in
2001? Reducing the fund balance level from 31% to 15% would enable a
transfer of up to $1,900,000. Any transfer to the Building Fund may be
transferred back at Council's discretion.
Alternatives
1. Transfer additional
2. Transfer additional
3. Transfer additional
4. Transfer additional
5. Transfer additional
6. Transfer additional
7. Transfer additional
8. Transfer additional
9. Transfer additional
Recommendation
Transfer an additional $75
zero dollars;
250,000 dollars;
500,000 dollars;
750,000 dollars;
1,000,000 dollars;
1,250,000 dollars;
1,500,000 dollars;
1,750,000 dollars;
1,900,000 dollars;
0,000 to the Buildi
GF fund balance at 31 % +.
GF fund balance at 29 % +.
GF fund balance at 27 % +.
GF fund balance at 25 % +.
GF fund balance at 23 % +.
GF fund balance at 21 % +.
GF fund balance at 18 % +.
GF fund balance at 16 % +.
GF fund balance at 15 % +.
ng Fund.
Action
Discuss and give staff direction.
G egg oxland
Finance Director
o ® e
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Police/Library Funding Report
DATE: March 28, 2002
The purpose of this memorandum is to provide information requested by Council at the
March 19 meeting, regarding the amount of interest that will be incurred for an inter -
fund loan to finance the Police and Library construction projects.
Attached is the most recent update on the financing of these two major structures. It
includes the impending cost for the new police site (which is scheduled to close during
the week of April 8 Assuming that the Council approves the recommended $750,000
transfer into the Building Fund from the General Fund reserves as outlined in Mr.
Voxland's memo, an inter -fund loan of $2,710,000 would be needed in 2003 in order to
do both projects. Our recommendation is that this would come from the Sanitary Sewer
Fund.
The interest charged for this project (and payable to the Sanitary Sewer Fund) would be
based upon the average percentage that the City's investment portfolio is generating at
that time.
As shown on the attached "Building Fund Projected Fund Levels" sheet, if there are no
further transfers into the Building Fund, interest to be added to the repayment would be
$135,000 the first year, reducing to approximately $36,500 at the end of year four. The
total interest over the course of a four -year loan is $348,500. Note that by extending the
duration of repayment, the annual repayment amount can be reduced, but the overall
interest costs will go up.
The Council annually will need to make a decision as to how that principal and interest
would be repaid. If there are budget surpluses, it could be transferred into the Building
Fund, similar to what has happened over the past several years.
I believe the question was generated by the "unknown" figure shown as financing costs in
the Library budget put together by the architect. Staff had not anticipated that interest
payment for inter -fund loans would come out of the upfront building budget. If this is the
case, we will need to draw heavily upon deduct alternates for the Library, and make other
significant design changes in the Police building in order to meet that budget.
If the Council does wish to increase the amount of the transfer from the General Fund
reserves to the Building Fund in excess of the $750,000 recommended in Mr. Voxland's
memo, it should do that. It obviously reduces the amount of reserves available in the case
of severe budgetary problems for the City. Increasing the transfer to the Building Fund,
however, otherwise reduces the amount of the inter -fund loan, and ultimately, the inter -
fund loan interest paid.
It should also be recognized by Council that the future construction of the Public Works
building and City Hall on the site adjacent to the proposed Police Station, are deferred
beyond 2008 under this scenario. (It does assume $100,000 for the remodeling of the
Police building to be used by Public Works in 2003). We have no solution at this time
for funding of the Public Works addition and new City Hall. The concept of building
four major structures in six years' time without referenda is optimistic, and has assumed a
continued strong transfer of development fees. Development fees may still provide
budget surpluses at year end, but there are obviously no assurances as to what, if any,
those may be.
' @ 1-
The Council may choose to modify the $750,000 recommended transfer to the Building
Fund. If so, that should be done by motion.
Council may also direct other variations affecting the projections (interest amount to be
paid, decreasing or increasing the four year repayment plan, etc.)
Mark McNeill
City Administrator
MM:th
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Workshop Meetings
DATE: March 27, 2002
The Council is asked to indicate whether it wishes to continue with the scheduling of a
one -hour workshop on April 23 and also to discuss whether a separate workshop should
be scheduled to discuss the County Road 16 Corridor.
Originally, April 23 was scheduled by the City Council for as a follow -up to the goal
setting session had been initially held on March 12 A two -hour meeting was
anticipated, but it was later noted that the Shakopee Showcase has been scheduled to
begin at 6:00 p.m. the evening of April 23
As such, at the last City Council meeting, the Council directed that the goal setting
follow -up meeting be scheduled for April 30
If the Council is agreeable, we would propose to keep the 4:30 meeting on April 23 rd ,
with the understanding that it will be done in no more then an hour. That way, staff and
the Council will be able to attend the Showcase.
The purpose of the workshop would be to discuss two items which either need to be
scheduled soon, or do not fit easily within a normal Council agenda:
Library Contract Award — Bids for the new Library building construction are
scheduled to be opened at 2:00 p.m. on Tuesday, April 16 th . ( Alternate dates were
considered, but in the opinion of the architect, the April 16 date and 2 p.m. time
will maximize the number of potential bidders). As such, it is unlikely that
sufficient review of the bids will be able to be completed in time for
recommendation to be made at the regular City Council meeting later that
evening. However, the architect recommends not waiting until the next regular
meeting is scheduled on May 7th.
2. A status report, and a review of the draft orderly annexation agreement between
the City, and Louisville and Jackson Townships.
There is also a desire by the County to discuss with the City Council the CSAH 16
Corridor Study. I know that several of you have received numerous letters from property
owners living at the east end of the Corridor Study, and it is likely that many of those
same people would attend a presentation, and would want to make comment. Therefore,
it is unlikely that a 4:30 p.m. workshop start would be ideal for those residents. The
Council should determine whether a separate workshop on another night (likely to begin
at 7:00 p.m.) is preferable to scheduling as part of a regular City Council meeting, given
the recent length of agendas.
I recommend that the Council schedule a workshop meeting to begin at 4:30 p.m. on
Tuesday, April 23 for the purpose of awarding a contract for the construction of the
Library, and to hear a presentation by Scott County regarding orderly annexation. This
would be in addition to the previously authorized workshop on April 30 Note that it is
possible that appointment of 2 SPUC Commissioners might also be considered at the
April 23 meeting.
Further, Council should provide direction as to whether a separate workshop is desired
for the CSAH 16 Corridor discussion, or whether this should be scheduled as part of a
regular City Council meeting.
If the Council concurs, it should, by motion, authorize the workshop meeting to be held at
4:30 p.m. Tuesday, April 23 Further, it should give direction on the CSAH 16
discussion schedule.
I
Mark McNeill
City Administrator
MM:th
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Surplus Equipment
DATE: March 25, 2002
Introduction & Background
The city has the below listed equipment as surplus property.
It is requested that it be declared as surplus so that it
may be sold at the Hennepin County auctions this year.
Also, it has been determined that the seized Volkswagen is
not worth the cost of selling at the auction. It will be
disposed -of at a local salvage yard.
Action
Move to declare the following property as surplus.
City Vehicles
1992 Ford Cr Vic
1994 Buick CSP
1995 Chev LLS
1998 Chev L/S
1991 Intl Dump
1984 Ford Ranger
1988 GMC Pick -up
1995 Ford Cr Vic
Seized Vehicles
1991 Volkswagen
2FACP72W4NX199832
1G4AG55MXR6484239
2G1WN52X1S9160974
2G1WL52MOW9144203
1HTGBNXRXMH390657
1FTBR10AXEUD13604
1GTGK34K7JE533277
2FALP71WXSX174818
WVWDB4508MK004402
a�
Ig V
Finance Director
C: \gregg \memo\
3
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: 129 Levee Drive Building
DATE: March 21, 2002
Introduction
Council is requested to declare the building at 129 Levee Drive as
surplus property.
Background
The building at 129 Levee Drive has served many uses over the past
century. However, it is no longer used and is in deteriorated
condition. SPUC has been removing its equipment from the building and
property insurance coverage has been dropped.
There is $30,000 in the budget for demolition. Before demolition, the
following steps are anticipated.
• Request SPUC to move the street lighting controls from the
building at a city cost of about $6,500.
• Check with SPUC on final removal of all their equipment and if
wells are sealed.
• Survey building for any salvageable material.
• Environmental survey for asbestos, PCBs, etc..
• Check with Police Department to see if there is a temporary use
for training purposes.
• Disconnect all utilities.
• Check with Fire Department to see if there is a use for training
purposes.
• Obtain proposal /quotes for demolition and removal for council
approval.
Action
Move to declare the building at 129 Levee Drive surplus property and
direct staff to proceed with demolition preparations.
Gregg Voxland
Finance Director
C: \9regg \mem0\1eveedem0
CITY OF SHAKOPEE
Memorandum
ITONN - str e - NIX&M e`
Mayor and City Council
Mark McNeill, City Administrator
Copier Purchase
March 28, 2002
The City Council is asked to authorize purchase of a Minolta digital copier from Loffler
Companies, in the amount of $17,297.73.
The FY 2002 budget includes $17,000 for a replacement photocopier. The copier to be replaced
is the one which currently accommodate the Planning Department for Planning Commission
Packets and also serves as the main copier for the Building Department, Engineering Department
and City Clerks Office, it is 5 1 /2 years old, and has 1,834,760 copies on it. It is in need of
replacement due to frequent breakdowns and loss of production.
Staff examined a number of copiers, and is recommending that a Minolta Di -620 Digital Copier
be obtained. It is the same copier purchased last year in Administration and has proven itself
worthy.
The old copier will be traded in.
The price for this copier was obtained from the State bid price; therefore, it has met the
competitive quote process.
1
Total cost is $17,297.73, which includes delivery, installation and training. $17,000 was
provided in the budget for this. This difference will be made up in the Administration budget.
If the Council concurs, it should, by motion, authorize the purchase of a Minolta Di -620 Digital
Copier from Loffler Companies, in the amount of $17,297.73.
J
Mark McNeill
City Administrator
MMAV
mAR.28.2002 15:06 9529256853 LOFFLER
#1821 P -002 /004
City of », •
Community Development
March 28, ii,'
62 Copies Per Minute
100 -Sheet Automatic Document Feeder
Two 550 -Sheet Paper Drawers
2,700 Sheet Tandem Paper Drawer
50 -Sheet Bypass
Automatic Duplexing for Two -Sided Copying
600 X 600 DPI Copy Resolution
Reduction / Enlargement — 25% to 400%
32MB Memory, 1 GB Hard Disk Drive
FN -3 Finisher — Sorting, Multi - Position Stapling (50- Sheets),
2 and 3 -Hole Punching, Z -Fold, Half -Fold, Crease,
Criss -Cross Sorting
A Few Other Features:
Book Copy Mode
Cover Insertion
Margin Shift
Date Stamping
Page Numbering_
Continuous Distribution Numbering
Page Insertion
Edge / Frame Erase
Storyboarding 2 in 1 14 in 1
Booklet Making
Proposal prepared for the confidential use and benefit of the City of Shakopee
By Lu Jacobson of Loffler Companies, Inc.
MAR.28.2002 15:06 9529256853
LOFFLER #1821 P- 003/004
' I
City of Shakopee
Community ' ♦ •
March 28, 2002
Mode! Purchase Price
!Minolta Di-620 Digital Copier $16,442.00 each
With FN -3 finisher
Trade Value - 200.00
Sub -Total $16,242.00
Tax $ 1,055.73
Total $17,297.73
Copier is new.
No additional charge for delivery, installation and training.
Proposal prepared forthe confidential use and benefit of the City of Shakopee
By Lu Jacobson of Loffler Companies, Inc.
MAR.28.2002 15:07 9529256853
Loffler's service and supply program includes:
Includes 26,500 Copies Per Month
Excess Copies Billed At
LOFFLER #1821 P.004/004
City of •;•
March ! ••
28,2002
$ 238.50 / month
$ 0.009 / each
Proposal prepared for the confidential use and benefit of the City of Shakopee
By Lu Jacobson of Loffler Companies, Inc.
.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Labor Negotiations
DATE: March 27, 2002
Following the regular portion of the April 2" d meeting, the City Council will be asked to
adjourn to close session for the purpose of discussing labor negotiations with the Police
Union.
Mark McNeill
City Administrator
MM:th