HomeMy WebLinkAboutApril 30, 2002 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 30, 2002
LOCATION: 129 Holmes Street South
Mayor William Mars presiding
1] Roll Call at 4:30 p.m.
2] New Business
A. Award Library Contract — Resolution No. 5703
B. Library Site Clean -up Grant Submittal — Resolution Nos. 5704 & 5705
C. Appointments to the Board of Review — Resolution No. 5702
D. Appointments to Shakopee Public Utilities Commission — Resolution No. 5701
3] Old Business
A. Discussion of City Council Goals
1. Review of 18 -24 months
2. Discussion of long term goals
4] Other Business
5] Adjourn
9
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Library Bid Award
DATE: April 26, 2002
At its meeting of April 30 the architect will have a recommendation regarding a bid
award for the Shakopee Public Library. As of this writing, background investigation is
continuing; results of the investigation will be part of the recommendation at the Council
meeting.
If the Council is ready to award the contract, it should, by motion, designate the winning
bid, and adopt the following resolution:
RESOLUTION NO. 5703
A RESOLUTION ACCEPTING BIDS ON THE
NEW SHAKOPEE PUBLIC LIBRARY
Mark McNeill
City Administrator
MM:th
A Resolution Accepting Bids On T
New Shakopee Public Library I
WHEREAS, pursuant to an advertisement for bids for the new Shakopee Public
Library, bids were received, opened and tabulated according to law, and the following bids
were received complying with the advertisement:
Bidder Base Bid
Adolfson & Peterson
$3,749,200
Arkay Construction
$3,876,000
Bor -Son Construction
$3,900,000
Builders, The
$4,132,000
CM Construction
$3,639,800
Ebert Construction
$3,635,700
Greystone Construction
$3,831,000
Jorgenson Construction
$3,736,000
Kraus Anderson Construction
$4,199,000
Lund Martin Construction
$3,820,000
Merrimac Construction
$3,649,633
Oakwood Builders
$3,747,000
RJM Construction
$4,105,000
Rochon Construction
$3,725,000
Shaw Lundquist
$3,715,000
Weber Construction
$3,843,000
Westra Construction
$3,470,000
is the recommended bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter
into a contract with in the name of the City of Shakopee for the new
Shakopee Public Library 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 adj. regular session of the City Council of the City of Shakopee,
Minnesota, held this 30th day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
'' • IV
Me morandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Library Bid Award
DATE: April 19, 2002
INTRODUCTION:
At the special meeting of April 23 the Council may be asked to award the bid for construction
of the Shakopee Library.
BACKGROUND:
On April 16", 17 bids were received in response to advertisement for proposals to construct the
new Shakopee Public Library. The base bids as submitted ranged from a low of $3,470,000 to a
high of $4,199,000.
In the bid specifications, the bidders were notified that the three lowest bids would be required to
submit information relating to references, and public building projects that their company had
done during the past five years, including projects over 15,000 sq. feet and $2,000,000 in size.
That information was to be submitted to the Architect by the close of business Friday. By the
Tuesday special meeting, the Architect and Attorney will have reviewed those, and it is probable
that a recommendation will be forthcoming regarding an award. However, if more time is
needed, it is possible that a recommendation will be made to defer award until the special
Council meeting of April 30
Regarding schedule, the Library has had to defer its plans to move until confirmation of the
award of the contract. There are several groups with which to coordinate, so it is likely that the
Library will be closed and moved to interim location at the Community Center within the next
one to two weeks. Regarding construction time, the contract calls for completion in about 14
months.
BUDGET IMPACT:
The Architect's estimate had been $4,573,570. Obviously, the bids as received were very
favorable, with the lowest bid being $1.1 million less than had been anticipated for the building
construction itself. While numbers will not be finalized on environmental cleanup until after
demolition is complete, that also now appears to be within budget (although those numbers will
be more clear within the next week).
Therefore, the interfund loan of $2.71 million described to the City Council as the April 2nd
meeting, can be reduced by the final amount of the contract, which means that it will be more in
the $1.6 million range. Based on that, it would be a three year payback, with loan interest to be
paid over that time in the amount of $130,000, a savings of $218,500 from the $348,500 which
had been the earlier figure.
• ► • X1 0
At the April 23 meeting, depending upon the recommendation of the Architect, the Council
may be asked to award a contract for the construction of the Shakopee Public Library.
U,( -
Mark McNeill
City Administrator
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Library Site Clean -up Grant Submittal
DATE: Apri125, 2002
At its meeting of April 30 the City Council will be asked to approve two resolutions to
be submitted to the Minnesota Department of Trade and Economic Development (DTED)
for possible funding of soil and groundwater clean -up activities at the public library site.
DTED sponsors a Contamination Clean -up Grant Program, which assists applicants in
cleaning -up contaminated sites which are to be used for redevelopment. Redevelopment
maybe in the form of job creation or tax producing structures, but the grant also is
eligible for use by public entities constructing such things as library buildings.
RESPEC, the City's environmental consultant, has completed the Phase II investigation
report. Included in that were soil and groundwater sampling of the half block upon which
the new library will be constructed. As had been anticipated by the Phase I report, some
low level, but nonetheless qualifying amounts of contamination were detected.
The groundwater contamination levels are reportable, and I have directed RESPEC to
proceed with their recommended response, that being a survey of private wells wick may
be located north and east of the library site (in line with subsurface drainage to the
Minnesota River). If there are no contaminated wells found, it is possible that no clean-
up activity will be required for groundwater. Monitoring wells may need to be installed.
The soil contamination is in the form of a trace chemical which resulted from dry
cleaning activities done more than 30 years ago. It is not at a level which will require
special handling. The contract documents which were bid and opened on April 16
provided for an estimated 100 cubic yards of soil to be removed and stockpiled on site,
pending soil treatment at another location. RESPEC will provide a trained individual to
determine the actual amount of contaminated soil to be removed. The Phase II
investigation report conducted by RESPEC estimated the amount to be removed to be
between 75 and 200 cubic yards.
RESPEC also indicates that the grant may make eligible for reimbursement the costs of
demolishing the building and parking lot, as those areas will have contaminated soil
beneath them that must be removed. The grant application has noted that we do not have
specific costs for that, pending discussion with the final contractor for the library project.
The DTED grant has two application deadlines — May 1 and November 1 of each year.
Therefore, it is important for the City Council to authorize submission of this grant
application at its April 30 meeting.
The DTED grant application program allows a grant to be awarded for up to 75% of the
estimated cost of the investigation or $50,000, which ever is less. The estimated cost of
the investigation are still being determined, and the City must provide 25% of that as a
match, which could come from the City building fund. Another 12% of the investigation
costs must come from other unrestricted City money. City staff interprets this to mean
that it could also come from the Building fund.
Assuming that the City is able to submit an application for the maximum $50,000 (which
would mean demolition costs are eligible), the grant could reimburse the City as much as
$31,500.
� 1.
I recommend that the City Council authorize submission of a grant application for the
DTED Contamination Grant.
1 1
If the Council concurs, it should, by motion, authorize submittal of a grant application for
the Minnesota Department of Trade and Economic Development Contamination
Investigation and Remedial Action Plan Development Application. The following
resolutions will need to be adopted:
RESOLUTION NO. 5704
A RESOLUTION APPROVING SUBMISSION OF AN
APPLICATION FOR CONTAMINATION CLEAN -UP GRANT
TO THE MINNESOTA DEPARTMENT OF TRADE AND
ECONOMIC DEVELOPMENT
and
RESOLUTION NO. 5705
A RESOLUTION COMMITTING LOCAL MATCH AND
AUTHORIZING CONTRACT SIGNATURE, FOR THE MINNESOTA
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
CONTAMINATION CLEAN -UP GRANT PROGRAM
!
OvAj1 1
Mark McNeill
City Administrator
MM:th
RFR -26 -2002 09:10 FROM:RESFEC INC. 651 - 649 T0:952 445 6716 F.002/002
RESPEC Inc.
Projected Response Action Plan Implementation Costs
Shakopee Public Library
RE SPEC #1316
April 26, 2002
Task Cost.
Wastc Profile $335.00
Landfill Approval
$1,300.00
RAP Contingency Plan
$2,900.00
RAP Implementation
$7,450.00
RAP Implementation Report
$3,560.00
Additional Assessment $3,000.00
Chemical Analyses - three day turnaround $2,300.00
Soil Excavation, Transportation, I3ackfilling - Assuming 200 cubic yards in -place $7,800.00
Soil Disposal $10,400.00
$39.045.00
ESTIMATED TOTAL COST
FY 02 — FY 03
IV. COST ANALYSIS
BUDGET
15. What are the total investigation and RAP development costs?
16.
How much are you requesting from DTED? (This amount cannot exceed $50,000 or 75%
of the total cost, whichever is less.)
Complete the budget table below. If you have already completed a Phase I investigation, you may
include that cost in addition to the future investigation & RAP development costs to be incurred.
BUDGET SOURCES
& USES
Eligible Activities for
Investigation and RAP
Development
Costs
Already
Incurred
YIN
Date Costs
Incurred
DTED
Request +
25%
Local
Match #1
+
Local
Match # 2
=
Total
Cost
Phase I Investigation
Y
1/02
1008.00
400.00
192.00
1600.00
MPCA Administrative &
Technical Assistance
Y
3/02
1020.60
405.00
194.40
1620.00
Phase II Investigation
Y
4/02
4284.07
1700.00
816.01
6800.11
Soil Removal & Remediation
N
5/02
Building Demolition
N
5/02
- Ye t " ` p4k;e be f
l/���66J G-vEt c ' Ci
Subtotals:
Total - Investigation & RAP Development:
17. Please submit an audit, or financial statement if an audit is not available, from the municipality
in which the site is located.
Investigation
4
RESOLUTION NO. 5704
A RESOLUTION APPROVING SUBMISSION OF AN
APPLICATION FOR CONTAMINATION CLEAN -UP GRANT
TO THE MINNESOTA DEPARTMENT OF TRADE AND
ECONOMIC DEVELOPMENT
WHEREAS, the City of Shakopee, in conjunction with the Scott County Library
System, is in the process of replacing the existing Library building located at 235 Lewis
Street South; and
WHEREAS, the City of Shakopee has owned that site since the 1970's; and
WHEREAS, for some time prior to its use as a library, commercial operations on
that site discharged materials into the soil which now require remediation and clean -up;
and
WHEREAS, the City of Shakopee is desirous of submitting a grant to the
Minnesota Department of Trade and Economic Development to assist in investigation
and clean -up costs.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that
the City of Shakopee has approved the Contamination Clean -up Grant Application
submitted to the Department of Trade and Economic Development (DTED) on April 30,
2002, by the City of Shakopee for the Shakopee Public Library site.
Adopted in
Shakopee, Minnesota, held this
day of
2002.
Mayor of the City of Shakopee
ATTEST:
session of the City Council of the City of
City Clerk
I certified that the above resolution was adopted by the City Council on April 30, 2002.
Judith S. Cox, City Clerk
Witnessed by:
(Name)
(Title)
(Date)
RESOLUTION NO. 5705
A RESOLUTION COMMITTING LOCAL MATCH AND
AUTHORIZING CONTRACT SIGNATURE, FOR THE MINNESOTA
DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
CONTAMINATION CLEAN -UP GRANT PROGRAM
WHEREAS, the City of Shakopee seeks to submit an application for grant monies
to assist in contamination investigation and clean -up in conjunction with the Shakopee
Public Library site, located at 235 South Lewis Street; and
WHEREAS, the Minnesota Department of Trade and Economic Development
Contamination Clean -up Grant Program details requirements for said grant application;
and
WHEREAS, the City of Shakopee has completed and will submit said grant
application.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that
the City of Shakopee act as the legal sponsor for project(s) contained in the
Contamination Clean -up Grant Program to be submitted on April 30, 2002, and that the
City Administrator is hereby authorized to apply to the Department of Trade and
Economic Development for the funding of this project on behalf of the City of Shakopee.
BE IT FURTHER RESOLVED, that the City of Shakopee has the legal authority
to apply for financial assistance, and the institutional, managerial, and financial capability
to ensure adequate project administration.
BE IT FURTHER RESOLVED, that the resources and amounts of local match
identified in the application are committed to the project identified.
BE IT FURTHER RESOLVED, that the City of Shakopee has not violated any
Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion,
conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED, that upon approval of its application by the state,
the City of Shakopee may enter into an agreement with the State of Minnesota for the
above - referenced project(s), and that the City of Shakopee certifies that it will comply
with all applicable laws and regulation as stated in all contract agreements.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Clerk are
hereby authorized to execute such agreements as are necessary to implement the
projects) on behalf of the applicant.
Adopted in
Shakopee, Minnesota, held this
session of the City Council of the City of
day of
2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
I CERTIFY THAT the above resolution was adopted by the City Council of the City of
Shakopee, Minnesota, on April 30, 2002.
Judith S. Cox, City Clerk
Witnessed by:
(Name)
(Title)
(Date)
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk Ckr
SUBJECT: Appointments to the Board of Review
DATE: April 25, 2002
INTRODUCTION:
City Council is asked to make appointments to the Board of Review. The Board of
Review is set for Tuesday, May 14 and May 28, 2002, beginning at 7:00 p.m. in the
Council Chambers at city hall.
BACKGROUND:
Board of Review consists of five members. There are currently three vacancies on the
Board of Review. Since the separation of the Board of Review from the City Council in
1990, one or two council members have also served on the Board of Review because
there have been insufficient interested candidates from the community.
We have continued to advertise in the local paper, in the Mint and on the Website since
the beginning of the year seeking interested candidates to serve on the Board of Review.
Letters were also sent to local real estate firms. We recently received the attached
application from Mr. Richard Marks. Although Mr. Marks resides just outside the City
limits, he does work within the City of Shakopee and is also a real estate appraiser. Mr.
Marks served on the Board of Review from 1990 through 1998.
Staff recommends dispensing with the guidelines for appointments to boards and
commissions to allow the nomination and appointment of Mr. Marks to the Board of
Review at the same meeting. Staff also recommends that two members of the City
Council be selected to serve on the Board of Review to complete the membership to five
for 2002.
RECOMMENDED ACTION:
1. Nominate Mr. Richard Marks to the Board of Review.
2. Dispense with the guidelines for appointments to boards and commissions to
allow nomination and appointment to the Board of Review at the same meeting.
Adopt Resolution No. 5702, A Resolution Appointing A Member to the Board of
Review, and move its adoption. [This would be a three year term.]
4. Select two Council members to serve on the Board of Review for 2002.
BOARDS •• C OMMISSIO NS
Name: I C{n6 - r6' Address: t 27 � 1
Phone:(H 5 a J 99 S` SU3 S (W) �� 52�
E -mail Address:
U!11 -` VCS
How long have you been a Shakopee Resident? o, 17'
Occupation:
Place of Employment:
[elm
r
Does your work require you to travel? (Check one)
A great deal Periodically Very Little None
Do you have any special interests or training, which you feel a particular board or commission
could use? (Use a separate sheet if necessary) i
T _. el n..o., .'„ �e 1 .. .2 rno,;v, �,�' 0\ -# e CY. V d rein C , �;T _rou
rec-t
Board or Commission in which you are interested? (If more than one, please indicate order of
preference)
4 Y� Vl 1 cL l 1) ad c�`rZ°K Q KEY ( CuJ
Please state briefly why you are interested in serving on this Board/Commission for which you
are submitting an application: + - �- I � � �u j C :,- -- -- In „, �J- � rA r) r OUS t}t C
MMM
�-c e-WW 1�Y S o
r term
Im
Conflict of interest is defined as the participation in any activity, recommended action, or
decision from which the individual has or could have the potential to receive personal gain,
whether it be direct or indirect.
In accordance with this definition, do you have any legal or equitable interested in any business,
however organized, which could be constructed as a conflict of interest? Yes_ No yes,
please provide the details on a separate sheet of paper.
Please list three references t (Name, Address, Phone
1 . - �n -4 SC;Y m iA1 FS6 S�
d
2. M (XYL4
3. u )
F-4
I hereby certify that the facts within the foregoing application are true and correct to the best of
my knowledge.
C 126��
Signature
A f) r- ) )5 2z6 2-
Date
RETURN APPLICATION AND PLEDGE TO:
City Clerk
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
952- 233 =3800
Date Received:
RESOLUTION NO. 5702
A RESOLUTION APPOINTING A MEMBER TO THE
BOARD OF REVIEW
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,
MINNESOTA, that the following appointment is hereby made:
Richard Marks is appointed to the Board of Review for a three year term expiring
February 28, 2005.
Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota,
held this 30 ' day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
C n' :
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: SPUC Vacancy
DATE: April 25, 2002
At its meeting of April 30 the City Council will be asked to appoint two additional
SPUC Commissioners.
The 2002 Minnesota Legislature authorized the number of individuals serving on the
Shakopee Public Utilities Commission to increase from three, to five. Advertisements
were made, and as of the application deadline of April 11 four applications were
submitted by interested residents. One additional candidate submitted an application, but
it was received after the April 11 date. That individual was notified that unless the
interview panel did not feel that sufficient qualified applicants had been received, that
late - arriving application would not be considered.
Since that April 1 lth date, one of the original four candidates has withdrawn from
consideration.
As discussed by the City Council at its April 16 meeting, an interview selection panel
was designated to be made up of Councilors Joos and Lehman, and the Vice Chair of the
Shakopee Public Utilities Commission. Those interviews will be held Monday, April
29 and it is likely that a recommendation will be made to the Council at its Apr 130
meeting. The three active candidates are:
John Engler
Larry Meilleur
Robert Sweeney
Note that while Mr. Sweeney is a member of the City Council, the State law authorizing
increasing the size of the Commission does allow for one member of the Shakopee Public
Utilities Commission to be a member of the City Council.
So as to activate the two additional positions as soon as possible, the Council will be
asked to place in nomination all three candidates, and then make a decision as to which
two candidates to be appointed at the April 30 meeting. The City Clerk will have
ballots available at the April 30 meeting.
The appointments will need to be done by resolution. The names of the successful
candidates will then be inserted in the resolution at the meeting.
1UU MCI 1 t, E
It is recommended that the Council place in nomination all three names, and then appoint
two of the three candidates to the Shakopee Public Utilities Commission. One should be
designated for a two year term; the other a 3 year term. The terms of office will
commerce May 1, 2002.
' @ 1
If the Council concurs, it should determine the two applicants and terms of office for the
Shakopee Public Utilities Commission, and insert those names in the following
resolution:
RESOLUTION NO. 5701
A RESOLUTION APPOINTING MEMBERS TO THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
Mark McNeill
City Administrator
MM:th
CC: Lou VanHout, SPUC
BALLOT FOR APPOINTMENTS TO THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
Vote for two (2)
John Engler
Larry Meilleur
Bob Sweeney
Councilor
RESOLUTION NO. 5701
A RESOLUTION APPOINTING MEMBERS TO THE
SHAKOPEE PUBLIC UTILITIES COMMISSION
WHEREAS, on March 19, 2002, the City Council adopted Resolution No. 5663, A
Resolution Approving 2002 Minnesota Laws Chapter 226, Relating to the City of Shakopee
Increasing its Public Utilities Commission from Three to Five Members; and
WHEREAS, on April 16, 2002, the City Council adopted Ordinance No. 628, An
Ordinance Increasing Membership on the Shakopee Public Utilities Commission from Three to
Five.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA, that the following persons are hereby appointed to the
Shakopee Public Utilities Commission for terms of office as follows:
1.
for a two -year term expiring April 1, 2004.
2. for a three -year teen expiring April 1, 2005.
Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota,
held this 30 day of April, 2002.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Memorandum
TO: ° Mayor and City Council
FROM: Matt Lehman, Councilmember
SUBJECT: SPUC Candidate Committee Recommendation
DATE: April 30, 2002
Interviews of three candidates for the two additional SPUC positions were held April 29
After a lengthy debate, the SPUC interview committee recommends Larry Meilleur for the 2
year term and John Engler for the 3 year term. The recommendation was not unanimous, as one
vote was for Bob Sweeney and John Engler. The interview committee decided that the
democratic process should move the majority (vote getting) candidates forward. On a 2 to 1
vote, the committee chose not to move all 3 candidates forward to the City Council for
consideration.
The committee believed Mr. Sweeney was the most experienced of the candidates, however,
concerns about the potential for a future conflict of interest between City and SPUC issues
outweighed the benefits. The fact that Mr. Sweeney is a liaison to SPUC was a factor because it
allows the use of all 3 candidates to the fullest, as SPUC and the City receive the benefit of the
two recommended members and would continue to have an experienced liaison in Mr. Sweeney.
The committee also has a concern that if Mr. Sweeney is a voting member of SPUC, the Council
would have to reassign the liaison position to another Councilmember.
Matt Lehman
City Councilmember
CITY OF SHAKOPEE
Police Department
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Sergeant Jeff Tate
SUBJECT: Surplus Property
DATE: April 14, 2002
Council is asked to declare certain items held by the Police Department as surplus
property.
The Police Department currently finds itself in possession of numerous items that have been
recovered/stored over the last several months. The attached memorandum from Community
Service Officer Jaclyn Scheerz, lists the bicycles that can now be disposed of.
In prior years bicycles in good repair had been taken to the Bicycle Safety Rally and put
on silent auction with the proceeds going into the City's General Fund. The bikes in less
than good condition were disposed of through Community Corrections. It is our plan to
dispose of the bikes in a similar manner this year. The Bicycle Safety Rally is scheduled
for a weekend in May.
Staff recommends Council declare these items held by the Police Department as surplus
property for the purpose of proper disposal.
MMENgmemmul 1i
If the Council concurs, it should, by motion, declare these items surplus property and
authorize staff to appropriately dispose of these items.
Attachments:
1. Memo from CSO Scheerz —April 6, 2002
2. Listing of recovered bicycles
CITY OF
SHAKOPEE MEMO
DATE:
TO:
FROM:
SUBJECT:
POLICE DEPARTMENT
April 6, 2002
Shakopee City Council Members
Jaclyn Scheerz, CSO
Request Surplus Items For Auction
This spring the Shakopee Police Department along with the Savage Police
Department and the Prior Lake Police Department will be holding the third
annual Tri -City Auction. The auction will take place at the Shakopee Public
Works building, in the garage. A specific date has not been scheduled yet.
However, after speaking with the Prior Lake CSO, Joan, we are looking at the
last week in May, possibly on a Thursday night or Saturday afternoon. The
council will be notified as soon as we decide on a day that works with the auction
center as well as the Savage PD, Pri or Lake PD and Shakopee PD.
There are fifty -one bicycles from the bike loft at the Police Department ready for
the auction. Before the items are placed onto the auction block, they need to be
declared surplus items. The attached sheet is a list of bicycles I am requesting
your approval of to be declared surplus property. Thank you.
Erb
Community Service
Listing of Recovered Bicvcles (April 2002)
Make
Model
Color IType
Condition
Size
Found
Serial #
Mongoose
Fs -1
Green jBoy
Good
20"
Feb -02
R2052TGTIOGP15JA
Huffy
Mojave
Green
Girl
good
15spd
2115/02
46697- 9156723H5735
Magna
Glacier Pt #8504 -42
Green
Boy
Fair
12spd
2115/02
OOTD461293
Magna
Great Divide
Purple
Girl
Bad
1/27/02
99TD033805
Free Spirit
Blue
Girl
Good
20"
1/13/02
50800211
Mt. Sports
Painted Over
Blk/Red
Boy
Trek
10spd
Grey
Boy
Fair
30"
11/28/01
T8A22389
Magna
Blue
Boy
Good
Med
11/8/01
99TD12261818
Bay Pointe
Red
Girl
Okay
3spd
11/20/01
H02611346
Huffy
Mega Maxx
Blu /Blk
I
Poor /Ok
11/12/01
44665-- 9079623F8152
Raleigh
M -20
Blue
Girl
Good
11/11/01
902315
Murry
Ultra Terraine Extreme
Blue
Boy
Okay
18spd
11/9/01
8- 9992X92 - 0313984
Huffy
Timber Creek
Turquois
Boy
Good
10spd
1119/01
666049097433H5219
Schwinn
Z- Factor /BMX Style
Black
Boy
Fair
11/8/01
S3K09450
Roadmaster
Mt. Sport SX
Red /blk
Girl
Good
10/25/01
SAAJF24668
? ??
Mountain Bike 18spd
Black
Boy
Fair
26"
10/19/01
4- 996X9 - 072294
Rampar
Lt. Blue
Boy
Fair
27"
10/15/01
Huffy
Stone Mountain
Blue
Boy
Good
26"
10/14/01
Royce Union
360 Hazard T -18
Chfome
Boy
Okay
BMX
8/30/01
980901151
Huffy
Stone Mountain
Ple /Blu
Fair
26"
8/16/01
With a basket
Murray
Axis
Red
Good
Adult
8/12/01
Roadmaster
Ultra Terrain
Green
jBoy
Good
Adult
8/12/01
M000818248
Mongoose
Switchback
Purple
jBoy
Good
Large
8/7/01
M2J192757
Fuji
Red
jBoy
no pedals
Med
8/1/01
IFSJO230
Huffy
Pulsar
Pink
I Girl
Poor
10spd
8/7/01
8072726837
Huffy
Chrome
jBoy
Okay
9/4/01
K99CLO299
Huffy
Expedition
Ple /Pink
I Girl
Good
10spd
9/10/01
K6613- 9168326111493
Mongoose
Orange
jBoy
Okay
9/10/01
M980675885
Unknown
stickers removed
Chrome
jBoy
Good
K991202634
Free Spirit
27"
Blue
jBoy
Fair
10spd
9/2/01
Aspen Valley
Road Master
Pink
Girl
Fair
Adult
8/31101
none /has a baby seat
Magna
Mountain Bike/8560 -61
Orange
Boy
Good
18spd
8/23/01
Schwinn
Traveler
Red
Boy .
Okay
26007181no seat
Nishiki
IMountain Bike
Blue
Boy
Poor
26"
9/16/01
bent front tire
Magna
Fugitive
Blu /Chrm
Boy
Fair
BMX
9/17/01
99TD130691/no seat
Free Spirit
Crestwood
Red
Girl
Good
9/10/01
M000382145
Scooter
Silver
Good
Seseame St
Zoom
Pink
Girl
Good
Hunt Wilde
Green
Poor
Old
Huffy
Supera
Green
15spd
6667- 9071815H8173
Strider
S -2000
Blue
10spd
Takara
Horizon
Blue
10spd
6500655
Huffy
Silver
BOOA096035
Huffy
Traveler
Green
10spd
3660- 9097433H524
Schwinn
Durasport
Red
Huffy
Canyon
Blue
15spd
? ??
Red
S861113131
Murray
Mountain Scene
Green
2- 9992X12- 101092
Pro Tour
Blue
Huffy
Mega Maxx
Blu /Blk
18spd
Pacfic Banchee
Chrome
15"
1
IHJ0123802
3.0, 1,
NNAJ -... ,IN
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: March 12 City Council Goals — Up to 24 Months
DATE: April 23, 2002
At a goal setting session on March 12 the City Council established the following eleven
goals to be accomplished during the next 18 -24 months. Those goals were:
1. Maintain fmancial integrity for budget process; need to plan for State aid cuts.
2. Library, Police, Public Works building construction (Public Works was
understood to be remodeling of the vacated Police building. Phase II, to expand
the garage will be a longer -term goal).
3. Continue to promote citizen involvement — neighborhood meetings, website
development, Shakopee Showcase.
4. Clean -up Enforcement — CSO's needed to be at full strength. Also unresolved
discussion on deteriorating neighborhoods, and impacts of multiple families living
in single - family houses. Housing enforcement vs. health department
enforcement?
5. Extended Developable Plan — Update existing sewer plan — where is it most
affordable to extend sewer and water? Involves both available land in Shakopee,
and areas to be annexed in the township. Noted that people in township should be
given an opportunity to accept sewer one time; otherwise no obligation on the part
of the City to provide.
6. Promote Huber Park - Use the location for clean, compactable fill location to
get it out of the flood plain. Need to confirm that Army Corps of Engineers will
allow filling in the floodplain.
7. Promote Affordable Housing — Need to have roundtable of builders, developers
come forward with their ideas as to how to provide, and where savings from
government maybe made.
8. Extend river trail into 30 -acre former Hauer (RIM) property. Could be done by
Public Works.
9. Finalize negotiations with SSC.
10. Build Vierling Drive extension between Adams Street and Orchard Park
development — can be assessed over 10 years. No benefit assessment needed;
Council feels is that if property owner does not wish to waive assessments, the
City is under no obligation to provide sewer to the location.
11. Build Community Playground — Similar to Skyline Park in Burnsville. Have
PRAB look at it; select site. Would be a community effort, involving donated
labor and materials.
DISCUSSION:
Since that time, department heads and key staff have worked with me to discuss and
provide input to the Council, as you consider these and other goals.
1. Maintain a financial integrity for budget process.
As with everything in the budget process, the Council needs to establish priorities.
There are unlimited wants and needs, and only limited resources. Especially
because the City does not yet know the impact of any State financial problems
that would be passed down to the local level, the FY 2003 budget year will be
particularly difficult. In response to that, the City Council did establish a hiring
freeze for new positions; that remains in effect, and is anticipated to be discussed
at the time that the legislature makes its decision for next year. The current
legislative stalemate has made that discussion impossible at this time.
The result of the legislature not reaching any solution will result in "unallotment ",
in which the Governor is empowered to make up the financial shortfall. See
Attachment "A" from the LMC for an explanation of unallotment.
In anticipation of State aid cuts, the Council will need to prioritize its services at
the following levels:
1. Absolute needs - life safety - at what levels?
2. "Should have services" — ie. services that may not be "essential ", but that are
very important in keeping Shakopee a "full- service" community.
3. "Nice to have services" — ie. services that enhance the City's status and
reputation as a good place to live, work and play.
2
There will likely be much debate as to what category services fall into. That is
part of the prioritization process.
Shakopee will be in a better condition than most cities, in that our tax base is
growing. However, until the legislature makes up its mind, it is difficult to
determine what funding amounts will be possible.
2. Library, Police, Pubic Works building construction.
Assuming that the Council will proceed with the Library contract award, the next
major focus will be the Police building. At present, the Council will be asked to
finalize plans and specifications, and to bid June 4 with bid award in mid -July.
Assuming a 14 -month construction period, opening of that facility would be in
Fall, 2003.
The favorable bid results from the Library means that the interfund loan will be
more in the $1.6 million range, rather than the $2.7 million loan earlier
anticipated. If the bidding climate stays favorable for the Police building, the $1.6
million loan might be reduced even further.
Currently, there is $100,000 in the 2003 building fund projections for remodeling
of the Police part of the Public Services building, for use by Public Works. A
more complete architectural review and design will be needed; a portion of that
was done during a space needs analysis in May, 2000. Much of the second floor
of the Police building will not be useable because of handicap accessibility issues,
without an elevator (expensive) or a stair lift (not easily done with the current
configuration). A priority for 2003 will be to provide locker room and meeting
facilities; the current police layout on first floor should be able to be remodeled
for those purposes.
Longer term, there is not currently a funding source for the Public Works building
addition, or the new City Hall, each now scheduled for beyond 2008. Sooner than
that, a decision will need to be made as to whether the City will be interested in
purchasing the current SPUC building, and, assuming a referendum by the Fire
Department as early as Fall of this year for replacement of the Downtown Fire
Station, it would mean that the downtown Fire Station would then be available for
Public Works storage as well. $100,000 is budgeted this year for building
maintenance of the current downtown station. Councilor Link has agreed to work
with the Fire Department on that.
3. Continue to promote citizen involvement.
The Shakopee Showcase is an annual occasion for the Council to interact with
members of the community. However, other opportunities are presented by
neighborhood meetings, and block parties. Specifically, the National Night Out
3
will happen in August. That usually takes place on the first Tuesday of August,
meaning that the City Council has not been able to attend those neighborhood
meetings. The Police Chief anticipates as many as 25 block parties this year for
the National Night Out, up from seven. The Council may wish to reschedule the
regular first August City Council meeting, so that it may attend those.
In addition, website development is an opportunity for the City to present more
detailed information to users. With the transfer of the Cable Access Corporation
responsibilities and funds to the Telecommunications Committee, after City's
share of the Institutional Network is paid, there will be $160,000 of cable funds
remaining. Portions of that could pay for website development. While I feel City
staff has done a good job of website development, having a professional come in
and redo portions of it would make it even more workable. In looking at other
cities of our size, a full time communications coordinator for website and cable
work is not out of the question. Funding for that could come from the
Telecommunications fund.
Both City planning and engineering staff continue to expand their use of open
houses, neighborhood meetings, and websites.
4. Clean -up (Code) Enforcement.
This goal has generated a considerable amount of discussion. At full strength,
there will be three LSO's that can be utilized for code enforcement; however, one
of those will be assigned almost exclusively to the evidence room and inventory
control. That will leave two code enforcement officers when both positions are
filled; it is still anticipated to be a couple of months before that happens. In the
meantime, code enforcement is being done by police officers.
Council will need to establish what priority it wishes to provide code enforcement
— if beat cops are dealing with code issues, that leaves less time for more
traditional police duties. In the past, the City's philosophy has relied on "working
with" violators to get them to comply, rather than going through the more time -
consuming and more expensive court option.
However, the City should also look at other alternatives rather then to rely heavily
on LSO's (or, in the case of land use issues, the planning staff). Effective
enforcements require a real penalty, or at least the perception of one. The Council
needs to give direction as to how "tough" and immediate it is willing to be
regarding enforcement policies.
As shown on the memos from Chief Hughes and Sergeant Dellwo (Attachment
"B "), in the experience of the police department, there are certain individuals for
whom no amount of citations will impact them. They ignore court orders, and it
will eventually come down to whether the City is willing to do the clean -up itself
0
(through Public Works or other means), and likely bear most of the costs of that,
both economic and political.
There was also discussion by the Council on March 12 as to enforcement of
multiple families living in houses that have been traditionally single family. That
indicates a more complex issue with social structure ramifications, as well as
immediate concern regarding enforcement. Should the City move into areas of
(1) health code enforcement and (2) housing code enforcement? Based on recent
review of the City's inspection activities, the City is currently operating with a
very low ratio of inspectors to permit and inspection activity for new
constructions. The inspection staff, at its current size, would not be able to fill the
additional roles of health and housing inspection. This would require additional
staffing costs. It is not clear if these costs could be offset by fees, but it seems
unlikely that such fees would be a revenue generator for the City. (See discussion
of goal #1 — financial integrity).
The City Attorney has looked at this multiple family housing issue. It is a
difficult situation that many cities are having to deal with.
5. Extended Development Plan.
The sewer plan was updated within the past two years, and Council recently
directed that it be revise further with the Comprehensive Plan update that is
underway. A larger issue, one which the Public Works Director has discussed
with Council, is how the City's planning can be more effectively made certain
that all infrastructure (streets, storm sewer, water, sanitary sewer) can affordably
and rationally be extended.
The Shakopee Mdewakanton Sioux property within the City has a large impact on
future development. In terms of efficiencies of extending sewer and water, it may
be more practical to develop in areas of the Township adjacent to the City. Areas
with rural residential or steep slopes are more difficult to extend to, both from a
political and engineering standpoint. Township areas have large undeveloped
parcels that are relatively easy to extend sewer and water to, but will need storm
drainage facilities.
The most recent Comprehensive Plan update has provided 2200 acres for the City
to allocate for MUSA over the next ten years. However, only 1400 acres of that
can be readily developed within the current City limits, assuming storm drainage
issues are resolved (the SMSC property, Shakopee Gravel, and existing rural
residential subdivisions make development of other areas more difficult).
Annexation is an issue, but not likely be fully resolved within 24 months.
6. Promote Huber Park.
5
The Public Works Director has estimated that it will take 58,000 cubic yards of
material to fill in the portion of Huber Park to be most readily developable with
the outdoor performing shelter. This would mean a 16 -foot drop from the level of
the CR 101 roadway, and would be "stepped down" to provide a terracing effect.
Regarding the 58,000 yards, it could take seven years to fill if it is done with dirt
generated through City reconstruction projects. A faster alternative would be to
purchase dirt, but that would mean $5.00 to $6.00 a yard to move in and compact
(about $300,000). Smaller amounts of donated excess materials might be
possible, but staff in concerned about having to monitor to be certain that only
acceptable material is brought in.
It is unlikely that large amount of donated material will be available anytime
soon. Two large projects in Shakopee are looking for significant amount of fill
(400,000 yards is needed in the West Dean Lake development alone). There will
also be a need to fill around the new Police building.
Finally, before any of this gets started, a formal request of the DNR for fill
approval will be needed. Conversations have taken place, which have indicated
that it may be possible, but we do not have permission in hand. That is a several
month process. We will proceed with processing this request.
7. Promote Affordable Housing.
This also generated a great deal of discussion by staff. First and foremost, it
should be remembered that affordable housing issues are a nationwide concern;
whatever is done in Shakopee is going to deal with only a small part of it.
The suggestion that builders /developers be invited to come in and be part of a
round table discussion would be beneficial. The ideas which have been presented
to staff (as well as the Legislature and Metropolitan Council) by
builders /developers will evolve around issues such as:
• Increased residential densities.
• Smaller lots.
• Reduced setbacks.
• Narrower streets and rights -of -way.
• Reduced City charges for anything from park dedication to trunk sewer
charges and engineering fees.
Many of these issues have been discussed by the City Council in the past, but
recent Councils have not been in agreement that these "solutions" are something
with which they are comfortable.
Other concerns include land costs; tilled property has recently been going for
between $80,000 to $100,000 per acre. In order for developers to recoup their
10
land investments, they have to build houses far above what would be considered
"affordable" to a large segment of the population. Increasing the availability of
land (designating more for MUSA) will assist in the short term, but as quickly as
land is being developed, the City will exhaust that inventory in a relatively short
period of time.
There are also environmental issues vs. affordability issues. Scott County, as the
WMO, has recently recommended more extensive storm drainage requirements in
the County (and therefore, for the cities) which will provide for ways that storm
runoff can be better cleaned. However, these options are much more land
intensive. With more land going for environmental concerns, it reduces the
amount of land for development, and thus pushes up the costs of development.
Finally, for a comprehensive discussion of the affordable housing issue,
alternative housing should be included. For a large segment of the population,
manufactured housing may be the only affordable housing that there is. Requests
for manufactured housing zoning in the metropolitan area have not been well
received.
8. Extend River Trail.
Attached is a copy of a memorandum (Attachment "C ") from Gregg Voxland
regarding the purchase of the RIM property (a 37 acre parcel of land north and
west of Huber Park).
The goal as I understand from Council at the March 12 meeting was that Public
Works could establish a nature trail into the rim property, so as to provide access
to the river, and even extend around the perimeter of the property.
According to the agreement with the DNR/US FWS (which acquired the
easement from the City), a nature trail would be allowable. At one time, in the
mid 1970's, a trail was in place around the perimeter. However, erosion and
frequent flooding took its toll on the path. In looking at this, perhaps the most
realistic method of providing a trail would be to take laborers (perhaps Sentence
to Service personnel) in with chain saws to clear out downed trees which block
much of the pathway that existed from the 1970's. Then a couple of times a year,
the path could be mowed, and a pathway left in a natural state. An alternative
would be to use woodchips, at least in wet areas. However, woodchips are
something that will need to be replaced annually, or more frequently if flooding
occurs.
Council needs to give further direction as to what it envisions for the river trail.
9. Finalize negotiations with SMSC.
7
It is staff's opinion that the SMSC property as it currently exits, and future
properties that might be acquired, are the most significant issues affecting the
future development of the City. Utilities being extended to adjacent parcels, and
roadway patterns are all impacted by the former MWCC property. While the City
(and Scott County and Prior Lake) have attempted to negotiate with the SMSC, to
date nothing has been resolved. Absent additional leverage, such as intervention
by the BIA, it is simply a goal over which the City has no control, and is unlikely
to be attainable within 24 months.
10. Build Vierling Drive Extension.
The Public Works Director and I have met with Cal Haskins, owner of the 30
acres located on the south side of the future Vierling Drive extended, east of
County Road 15 (Adams Street). Simply put, he is not willing to sign a waiver
for assessments.
We believe that it would be within the Council's 24 month time frame if the
extension of Vierling Drive from where it currently terminates, going west to
Adams Street, could be designed by the City's Engineering Department over the
winter months. That would keep costs down, in that a consulting engineer would
not have to design.
In addition, the City's share of the finances for the project is allocated in the 2003
CIP; accelerating construction into 2002 would mean that the project is not
budgeted this year.
Also to be a player in this is the future fire station site. As discussed previously in
this memo, the CIP currently provides for the replacement for the downtown fire
station (as well as an eastside station) to be opened in 2004. That means that as
early as Fall of this year, a referendum would have to be approved by the voters
for these two projects ($1.5 million each). Council should be aware that might
compete with the school levy referendum that is also scheduled for this fall; there
may also be a referendum for a new high school in 2004. Council should give
some direction as to whether it wishes to submit a request from the Fire
Department for referenda. Please note that staff has had no formal discussion
with the Fire Department on these issues.
11. Build Community Playground.
Members of the community and City staff are investigating how Waconia is
putting their plan together. There may be staff time and longer term maintenance
commitments involved, but the construction typically involves no public money.
Fund raising efforts by the community - $100,000 to $120,000 is typically
needed.
N .
The major City involvement may be the donation of a site (although schools are
also a possibility). Nonetheless, the project would provide a sense of community
involvement, similar to a "barn raising ".
The Council should be aware of the above issues. To do all of these in 18 to 24 months
will be significant. The staff asks that the Council prioritize the above so that, depending
upon budgetary constraints, the issues can be more readily addressed as "must have,
should have, and nice to have ".
Mark McNeill
City Administrator
MM:th
9
Legislative Page
$153 million education reserve account was reached. The
proposal included the original Senate plan to refinance $245
million in transportation projects and shift approximately $300
million in school aid payments to the next biennium. House
members were noticeably cool to the proposal and critical of
the lack of progress by the Senate on the most controversial
components, including the tax increases and the refinancing of
the transportation projects.
Will progress be forthcoming anytime soon? The Senate and
House held floor sessions on Monday, but the budget
reconciliation, bonding, stadium, anti - terrorism, and the
transportation finance conference committees have yet to
announce plans to meet this week.
Unallotment
If the session ends without a House /Senate agreement that can
also sustain a potential gubernatorial veto, the job of balancing
the state's budget could fall back on the governor and the
commissioner of Finance. Under state law, the governor and
the commissioner of Finance can make "unallotments" in state
spending to balance the remaining deficit.
� Page 2 of 7
The unallotment statute is found in MN Statutes 16A.152 and is
generally considered a broad grant of power to the executive
branch to address state budget shortfalls. Due to the structure of
the statute and the fact that unallotment has not been regularly
used, there are many questions about the limits that exist.
Despite the vagaries of the law, there are several features that
seem clear. Before appropriations can be unalloted, the statute
suggests that the state's budget reserve account would have to
be depleted. The commissioner of Finance must have the
approval of the governor and must "consult" with the legislative
leaders, although this consultation does not require legislative
approval. Once the budget reserve account is used, relatively
few restrictions exist on what the governor can cut.
According to a House Research Department memo drafted by
Joel Michael and Mark Shepard, generally no programs are
exempt from cuts, the commissioner is not required to make
across - the -board cuts, there is no maximum percentage that the
commissioner can cut from any expenditure, and the
commissioner can defer or suspend statutory provisions that
would otherwise prevent the unallotment cuts from being
implemented.
Unallotment for cities
The unallotment power seems to clearly extend to
appropriations of aid payments and homestead credit
reimbursements to cities, counties, and school districts. Durinz
hq:// www.Imnc.org/bulletin/legis.cfm 4/24/02
Legislative Page
the state budget crisis in the early 1980s, aid payments to local
units of government were reduced by executive action. Given
that the governor has been critical of the Phase I budget
reconciliation plan because local governments did not "share
the pain," unallotment could translate into cuts in July, October,
and December aid and homestead credit reimbursement
payments to be distributed yet this year.
In addition to the application of unallotment to general state
aids, there is some question as to whether the statute would
allow the commissioner to unallot transfers of statutorily
dedicated motor vehicle sales tax, which is deposited into the
highway user tax distribution fund ( HUTDF). A portion of the
motor vehicle sales tax was statutorily dedicated in 2000 when
the governor successfully secured legislative approval for the
substantial reduction in the license fees for automobiles.
Currently, the annual transfer of motor vehicle sales tax is
estimated to be more than $160 million.
The unallotment statute potentially applies to "any prior
appropriation or transfer." In fiscal years 2001 and 2002, the
deposit of the motor vehicle sales tax to the HUTDF is clearly
an appropriation from the state's general fund. Beginning in FY
2003, the language of the transfer is modified and a strict
interpretation of this language suggests that the receipts are
directly deposited in the HUTDF and, therefore, are neither
appropriated nor transferred from the state's general fund. If the
deposit of the motor vehicle sales tax were somehow deemed to
be a transfer from the general fund, the commissioner could
conceivably unallot the motor vehicle sales tax dedication,
which could affect the revenue available in the HUTDF and
subsequently the municipal state aid (MSA) account and the
MSA distribution to cities over 5,000 population. At this time,
such an interpretation does not appear likely.
As mentioned above, the unallotment statute does not require
the commissioner to make reductions in any particular manner.
In fact, the commissioner may have great latitude to design and
implement expenditure reductions. According to the House
Research memo, the commissioner may be able to unallot state
aid and homestead credit reimbursement payments by using a
newly developed formula. However, the law seems to suggest
the formula should consider other sources of local revenues
available to cities. Coincidentally, the city aid cuts proposed by
the governor in February could conceivably be employed for
unallotment.
The law seems to clearly limit unallotments to the current state
fiscal year, which includes this year's July, October, and
December payments of local government aid and
reimbursements for market value homestead credit. If enacted,
Page 3 of 7
http:// www.lmne.orgibulletin/legis.cfm 4/24/02
Legislative Page
these cuts would likely occur more than six months into the
city's current fiscal year, leaving cities little time to implement
necessary spending reductions.
Page 4 of 7
In addition to having to cope with cuts relatively late in the
fiscal year, the interaction of these potential unallotment cuts
and levy limits will potentially hamstring cities into the 2003
budget year. The levy limit law does not currently provide for
an adjustment for state aid that was originally certified but not
actually paid -in this scenario, due to unallotment reductions. In
other words, the levy limit calculation for 2003 would not
account for the actual cuts in state aid payments for 2002 and
some cities would have no ability to increase their levy in 2003
to cover the 2002 cut. However, other cities that did not use
their entire levy limit for 2002 may be able to recover a portion
or all of the cut through higher 2003 property taxes.
Let's hope the Legislature completes all of its work soon and
that unallotment is not an option.
back to top
Governor signs phosphorus bill
Jennifer O'Rourke
Last Friday, Gov. Ventura signed the phosphorus bill restricting
the use of phosphorus in lawn fertilizers. The new law imposes
a ban on almost all residential lawn fertilizers containing
phosphorus starting in January 2004. For the seven - county
metro area, these lawn fertilizers will have a phosphorus level
of 0 percent. For areas outside the metro counties, the
phosphorus portion of residential use lawn fertilizer is restricted
to 3 percent. These restrictions do not apply to agricultural use.
An exception exists for golf courses, as well as for home
owners /renters with newly sodded or seeded lawns or those
whose soil- tested lawns show a need for additional phosphorus.
If a city adopts a more restrictive ordinance before Aug. 1,
2002, that city's ordinance is grandfathered. Any city adopting
an ordinance after Aug. 1, 2002, loses its more restrictive
positions when the law takes effect in 2004.
Currently, more than two dozen of Minnesota's cities impose
some type of restriction on phosphorus applications for lawns
and many others are considering such action. For a sample
ordinance, contact the LMC Research staff at (651) 281 -1200.
Chief authors of the legislation were Rep. Peggy Leppik (R-
Golden Valley) and Sen. Linda Higgins (DFL- Minneapolis).
The bill is likely to be one of a very few pieces of
environmental legislation to pass this session.
http:// www.Irnnc.org/bulletin/legis.cfm 4/24/02
CITY OF
SHAKOPEE
DATE: April 24, 2002
TO: Mark McNeill, City Administrator
FROM: Dan Hughes, Chief of Police
SUBJECT: City Council Priority— Code Enforcement
This memo serves as the reporting mechanism for the steps that will be used to accomplish the City
Council's priority in regards to code enforcement.
We will do our best to accomplish this goal with our available resources. As you know, we currently
have two vacancies within our community service officer positions and seven police officer vacancies.
Without additional staffing, it will be difficult to meet the code enforcement plans as presented by our
four Beat Commanders.
In March I instructed Beat Commanders to prepare plans to accomplish code enforcement. The four
plans were prepared and are being implemented during April 2002. I have requested written reports on
the 10 of the following month to keep you informed on progress. Each plan is included with this
memorandum.
Sgt. Dellwo also prepared a report at my request, concerning civil penalties for code enforcement. His
memo, dated April 12, 2002, is attached for your review.
I concur with Sgt. Dellwo's assessment of our current city code and civil remedies for cleanup.
Officers of the police department can provide "invitations to court," to property owners but that does
not ensure cleanup of the code violations. This would need to be done through civil remedies, which
are available under certain ordinances. We've asked our city attorney to draft language to remove other
items that are not currently allowed under existing city code.
Consistent with the City Council's goals, I believe their overall outcome for code enforcement is to not
only seek voluntary compliance and criminal penalties for those who do not comply, but also to seek
cleanup to improve the quality of life within our city.
Memo to Council
April 24, 2002
Code Enforcement
If the criminal penalties do not "cure the problem" I anticipate forwarding these cases to you to take
civil action. You may want to visit with the City Council to determine how best to accomplish the civil
remedies.
As always, please feel free to contact me if you have any questions or require additional information.
DH:pm
Memo to Council 2
April 24, 2002
Code Enforcement
CITY of
SHAKOPEE MEMO
POLICE DEPARTMENT
DATE: April 2, 2002
O: Chief Hughes
FROM: Sgt. Robson
SUBJECT: Beat One Code Enforcement Plan
Code Enforcement in Beat One will be accomplished in the following manner:
• Beat One will be divided into four sections with a patrol officer /s designated to each
section.
• Bluff and I s' Ave will be the responsibility of Officer Homer.
• 2 nd Ave will be the responsibility of Officer Johnson.
• 3 rd Ave will be the responsibility of Officer Zauhar.
• Dakota St., south of 3 rd Ave, up to 10` Ave and east to Co. Rd. 17, will be the
responsibility of Officers Conway and Weidemann.
• Patrol Officers will be responsible for a minimum of one code enforcement shift per
month.
• Code Enforcement shifts will be either an entire patrol shift or a partial shift, dependant
on scheduling factors and the current status of code enforcement within the beat.
• Records will be kept in a more systematic fashion with a case being opened for each
warning issued.
• Warnings will be handled as active cases, with follow up at ten and thirty days.
• Civil and Criminal remedies will be employed.
• Sgt. Forberg will monitor code enforcement efforts in Beat One during my absence.
s;
�11�C�J
DATE: April 4, 2002
TO: Chief Hughes
FROM: Sergeant Tate
SUBJECT: Beat Two Code Enforcement Plan
Code Enforcement in Beat Two will be accomplished in the following manner:
• Beat Two will be divided up into four sections with a patrol officer assigned to each
section.
• Patrol officers will be responsible for the Code Enforcement in their assigned section.
• Officer Radde will be responsible for the area west of Co. Rd 15.
• Officer Rettke will be responsible for the area between Fuller and Co. Rd. 15.
• Officer TenEyck will be responsible for the area between Dakota St. and Fuller St.,
north of IO Ave.
• Officer Clark will be responsible for the area south of 10" Ave., between Spencer St.
and Fuller St.
• Officers will open a case for each warning given.
• Warnings will be handled as active cases with follow -up done in ten or thirty days.
• Civil and criminal remedies will be employed to ensure compliance.
• Officers will update the beat sergeant monthly on their progress.
CITY OF
SH KOPEE MEMO
POLICE DEPARTMENT
DATE: 04 -10 -02
TO: Chief Hughes
FROM: Sgt. Dellwo
SUBJECT: Beat Three Code Enforcement Plan
In an effort to maintain consistency in the police department, code enforcement in beat three
will be accomplished in the same manner as beats one and two. The plan consists of the
following:
• Beat three will be sub - divided into four sections with an officer assigned to each
section.
• Officers will be responsible for both proactive and reactive code enforcement efforts
within their assigned section.
• Officer Lipinski will be responsible for the area North of Hwy 169 and West of
Marschall Road.
® Officer Balfanz will be responsible for the area North of Hwy 169 and East of
Marschall Road.
® Officer Trutnau will be responsible for the area South of Hwy 169 and West of
Marschall Road.
® Officer Quick will be responsible for the area South of Hwy 169 and East of Marschall
Road.
® Officers will open a case for each warning citation issued.
® Warnings will be handled as active cases with follow -up done at ten and thirty day
intervals.
® Criminal and Civil remedies will be employed to ensure compliance.
® Officers will update the beat sergeant monthly on their progress.
CITY OF
SHAKOPEE MEMO
POLICE DEPARTMENT
ATE: 04 -12 -02
TO: Chief Hughes
FROM: Sgt. John Flynn
SUBJECT: Code Enforcement — Beat 4
Code enforcement in Beat 4 will be accomplished with the following plan:
• Beat 4 will be divided into three sections with an officer assigned to each section.
• North Section: East of CR 17 and North of CR 169 = Officer Kegley
• Central Section: South of 169 and North of CR 16, East of CR 83 = Officer Gulden
• South Section: East of CR 83 and South of CR 16 = Officer Crocker
• A case will opened for each code enforcement violation.
• Cases will be reviewed at 10 and 30 day intervals.
• Both Criminal and Civil remedies will be used.
• Beat officers will be aware that code enforcement will be a normal part of their
enforcement duties.
Pubic Works has been provided with an SPD Beat map. Public Works employees will assist in
advising Beat Sergeants of problem areas.
Sgt. John Flynn
JF:pm
CITY OF
SHAKOPEE
04SW
DATE: 04 -12 -02
TO: Chief Hughes
FROM: Sgt. Dellwo (F
SUBJECT: Code Enforcement Civil Remedies
All four beats have adopted similar plans to enforce code violations within the City. We are
currently issuing warning tickets with set periods of time for compliance. If the
owner /occupant fails to comply, they are issued a citation for the code violation and given a
court date.
It is becoming apparent that not all property owner /occupants will comply even after being
issued a citation. In my last enforcement update, I described the scenario at 1732 Marschall
Road. The property resident there has told his neighbors that the City cannot do anything to
him about the state of his yard because he considers himself to be living in the rural part of
Shakopee.
The City Ordinances in some cases allow for civil remedies in conjunction with the criminal
penalties. Ordinance 10.05, Unlawful Deposit of Litter, has Subd. 8 that empowers the City
Administrator, or his designee, to order the removal of litter prohibited by the section from a
property with the cost ultimately certified to the property taxes should the owner fail to
voluntarily pay them. Ordinance 10.73, Grass or Weeds on Private Property, has Subd. 2 that
empowers the City Administrator to cause such weeds or grass in violation to be cut and the
expenses incurred shall be placed in a lien upon the property.
I am in the process of updating Chapter 10 of the City Ordinances and requested James
Thomson to draft language for the ordinance amendment that would allow the City to
specifically remove items in violation of Ordinance 10.74; " Junk Cars, Furniture, Household
Furnishings and Appliances Stored on Public or Private Property ".
I cannot recall a time in recent history that we actually utilized the civil remedies I have
outlined. My question is whether the City is willing to stand behind the code enforcement
efforts and support the decision to actually start correcting these violations ourselves if the
property owners refuse, and ultimately pass the expenses incurred onto the property owners.
have little doubt that once we have begun using the civil remedies allowed under City
Ordinance, the City Council meetings will have a few unhappy citizens. Before we actually
begin, I want to make sure everyone involved on the City level is aware and in support of the
plan.
2
I' i r
Mem
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland,-Finance Director
SUBJ: Conservation Easement
DATE: March 19, 1997
Introduction and Background
Council previously authorized pursuing funds for placing
land north of Memorial Park into a conservation easement
with the Scott Soil Water Conservation District and the
U.S. Fish and Wildlife Service. The City has received a
draft easement from the Scott Soil and Water Conservation
District and a copy is attached. The City will receive
$48,795.67 for an easement on 37.8 acres.
The City Attorney has reviewed the easement document with
the comment that the signature block needs to be changed to
reflect Mayor, Clerk and Administrator.
Recommendation
Proceed with easement.
Action
Move to authorize proper city officials to execute a
conservation easement as proposed with the Scott Soil and
Water Conservation District for 38.7 acres north of Memorial
Park in exchange for $48,795.67.
V
Gregg V xland
Finance Director
is \finance \docs \gregg \rim3
GRANT OF CONSERVATION EASEMENT
AND COVENANTS
This GRANT OF CONSERVATION EASEMENT and these COVENANTS are
made by City of Shakopee, residing at 129 Holmes Street
South, Shakopee, MN. 55379 (hereinafter referred to - as the
"Grantors ") to the Scott Soil and Water Conservation
District (hereinafter referred to as "Grantee ").
WITNESS THAT:
WHEREAS, the Grantors are the owners in fee of certain
real property located in -the County of Scott, in the State
of Minnesota, -described more particularly as follows, and
referred to herein as the "Riparian Land Preserve ".
Legal Attached
This Conservation Easement covers only that portion of the
parcel delineated as the "Riparian Land Preserve" identified
on Exhibit "A ", which is attached hereto and incorporated
herein. The Conservation Easement area consists of a total
of 38.7 acres. The legal description may be refined,
expanded or reduced as a result of examination of the
abstract or title insurance documents, -or as the result of
other legal or technical requirements. The Grantor will be
responsible for obtaining all necessary signatures to convey
the Conservation Easement to the Grantee.
WHEREAS, the Grantors desire and intend that the
natural elements and the ecological and aesthetic values of
the Riparian Land Preserve be maintained and improved in
accordance with the terms and conditions of this
Conservation Easement and these Covenants; and
WHEREAS, the Grantors and Grantee both desire, intend
and have the common purpose of conserving and preserving in
perpetuity -the Riparian Land Preserve in a relatively
natural condition by placing restrictions on the use of the
Riparian Land Preserve and by transferring from the Grantors
to the Grantee, by the creation of a. Conservation Easement
on, over and across the Riparian Land Preserve affirmative
rights to ensure the preservation of the natural elements
and values of the Riparian Land Preserve and
WHEREAS, the Grantors have received valuable
consideration for the granting of this Conservation Easement
and the making of these Covenants.
NOW THEREFORE, the Grantors, for valuable consideration
received, do hereby give, grant, bargain and convey to the
Grantee, its successors and assigns, forever, a Conservation
Easement in perpetuity over the Riparian Land Preserve
consisting of the following:
a. The right of the Grantee to enforce by proceedings
at law or in equity the Covenants hereinafter set
forth. The right shall include but not be limited to,
the right to bring an action in any court of competent
jurisdiction to enforce the terms of this Conservation
.Easement or these Covenants, to require the restoration
of this property to its natural condition or to enjoin
non - compliance by appropriate injunctive relief_. The
Grantee not waive or forfeit the right to take
action as may be necessary to ensure compliance with
terms of this Conservation Easement and these Covenants
by any prior failure to act. Nothing herein shall be
construed to entitle the Grantee to institute any
enforcement action against the Grantors for any changes
to the Riparian Land Preserve due to causes beyond the
Grantors' control and without the Grantor's fault or
negligence (such as changes caused by fire, flood,
civil or military authorities undertaking emergency
action or unauthorized wrongful acts of third parties).
b. The right of the Grantee, its contractors, agents
and invitees, to enter the Riparian Land Preserve, in a
reasonable manner and at reasonable times, for the
purpose of inspecting the Riparian Land Preserve to
determine if the Grantors are complying with the
Covenants and purposes of this grant, and further to
observe, study, record and make scientific studies and
educational observations.
C. The right to install, operate and maintain water
control structures for the purpose of protecting, re-
establishing and enhancing wetlands and their
functional values. This includes the right to
transport construction materials to and from the site
of any existing or proposed water control structure.
d. The right to establish or re- establish vegetation
through seeding or plantings.
e. The right to manipulate vegetation, topography and
hydrology on the Riparian Land Preserve through diking,
pumping, water management, excavating, burning,
cutting, pesticide application and other suitable
methods for the purpose of protecting and enhancing
wetlands and wetland vegetation.
AND IN FURTHERANCE of the foregoing affirmative rights, the
Grantor's make the following covenants on behalf of
themselves and their heirs, successors and assigns, which
covenants shall run with and bind the Riparian Land Preserve
in perpetuity:
COVENANTS
a. USES. There shall be no commercial or industrial
activity undertaken or allowed except that the Grantors may
install and maintain trails within the Riparian Land
Preserve for activities including, but not limited to,
recreational hiking, biking, cross- country skiing, hunting
and fishing in accordance with the specific restrictions set
out below.
b. BUILDINGS AND STRUCTURES. There shall be no buildings,
dwellings, barns, roads, advertising signs, billboards or
other structures built or placed in the Riparian Land
Preserve.
C. TOPOGRAPHY. There shall be no dredging, filling,
excavating, mining, drilling or removal of any topsoil,
sand, gravel, rock, minerals or other materials. There
shall be no plowing, disking or any other activity that
would alter the topography of the Riparian Land Preserve.
this paragraph shall not be construed as- preventing the
authorized agricultural activities specified in paragraph f.
d. DUMPING /DISPOSAL. There shall be no dumping of trash,
ashes, garbage or other unsightly or offensive material,
especially including any hazardous or toxic waste.
e. WATER. The hydrology of the Riparian Land Preserve
will not be altered in any way or by any means including
pumping, draining, diking, impounding or diverting surface
or ground water into or out of the Riparian Land Preserve.
f. AGRICULTURAL USES. No plowing, tilling, cultivating,
planting or other agricultural activities may take place
within the Riparian Land Preserve. No haying for or grazing
of domestic livestock may take place within the Riparian
Land Preserve.
g. NOXIOUS WEEDS. The Grantors are responsible for
compliance with all federal, state and local laws governing
the control of noxious weeds within the Riparian Land
Preserve.
lr. MOTORIZED VEHICLE. There shall be no operation of any
motorized vehicle or equipment within the Riparian Land --
Preserve except in conjunction with the authorized
activities set forth in paragraph a. and f. above-
i. VEGETATION. Except in conjunction with the authorized
uses set forth in paragraph a. and g. above, there shall be
no removal, cutting, mowing or alteration of any vegetation
or change_ in the natural habitat in any manner.
RESERVE RIGHTS
The Grantors and their invitees may hunt and fish in the
Riparian Land Preserve so long as they comply with all
Federal, State and local game and fishery regulations.
Nothing herein shall be construed as limiting the right
of the Grantors to sell, give or otherwise convey the
Riparian Land Preserve, or any portion or portions thereof,
provided that the conveyance is subject to the terms of this
Conservation Easement and these Covenants.
GENERAL PROVISIONS
The total obligation of the Grantee for all
compensation and reimbursement to the Grantor under this
Conservation Easement shall not exceed the total amounts
shown below. Any changes thereto shall be agreed to by the
Grantee and Grantor prior to executing the Conservation
Easement-
The '(-'onservatiorl Easement payment shall be made by the
Grantee as follows:
A Conservation Easement Total Payment of $48,795.67
shall be paid to the Grantor upon recording and final
acceptance of the Conservation Easement by the Grantee
and certification that all cropping or grazing
authorized under this Conservation Easement has
terminated.
This Conservation Easement and these Covenants shall
run with the burden the Riparian Land Preserve in perpetuity
atici ,hall bind the Grantors and their heirs, successors and
assigns. This Conservation Easement and these Covenants are
fully valid and enforceable by any assignee of the Grantee,
whether assigned in whole or in part.
The Grantors hereby warrant and represent that the
Grantors are seized of the Riparian Land Preserve in: fee
simple and have good right to grant and convey this --
Conservation Easement and make these Covenants, that the
Riparian Land Preserv�p is free of all encumbrances, and that
the Grantee and Its successors and assigns shall have the
use and enjoyment of all of the benefits derived from and
arising out of this Conservation Easement and these
Covenants.
The Grantors agree to pay any and all real property
t and assessments levied by competent authority on the
Riparian Land Preserve. --
The Grantors agree that the terms, conditions,
covenants and restrictions set forth in this instrument will
be inserted in any subsequent conveyance of any interest in
said property. The Grantors agree to notify the Grantee of
any siich conveyance in writing and by certified mail within
15 days after the conveyance.
The Grantee may assign or transfer this Conservation
Easement and the rights and Covenants contained herein to
any Federal or state agency or private conservation
organization for management.and enforcement.
The terms "Grantors" and "Grantee" as used herein shall
be deemed to include, respectively, the Graritors and their
heirs, successors, personal representatives, executors and
assign,, and the Grantee and its successors and assigns.
'rO HAVE AND TO HOLD the above described Conservation
Easement and Covenants together with all the appurtenances,
rights and privileges belonging thereto, either in law or
(-gti.it.y, for the proper use and benefit of the Grantee and
.07.s successors and assigns, forever.
5lr V 1 B Z�W`..M
HAR45 -97 WED 13 :54
thence, at an azimuth of 044.1', a distance of 423 feet to
Angle point 13;
thence, at an azimuth of 068.5 a distance of 185 feet:to
Angle Point 14;
thence, at an azimuth o£ 119.6 ° r a distance of 289 f eet to
Angle Point. 15;
thence, at an azimuth of 137.5 a distance of 426 feet to
Angle Point 16;
thence, at an approximate azimuth of 153.3 a distance of
865 feet, more or less, to Angle Point 17, located at Angle
Point 2 of Parcel 2 of the WRP Easement;
thence, at an azimuth of 154.8 a distance of 392 feet to
Angle point 1, the Point of Beginning.
Exoluding parcels 1 and 2 of the Wetland Reserve Program
(WRP) conservation easement between the City of Shakopee and
the Natural Resources Conservation Service, part of the US
Department of Agriculture. (Attached)
Said conservation easement contains 38.7 acres, more or
less, with the basis of azimuth and distance being
determined by a Precise Lightweight GPS Receiver (Rockwell
PLGR).
END OF DESCRIPTION
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Long Term Goals
DATE: April 26, 2002
An extensive memo has been provided to you regarding observations on the short -term
(18 -24 month) goals that were established at the March 12 workshop meeting.
If time permits, the Council is asked to establish longer -term goals (perhaps 2 -5 years,
and beyond 5 years), for the City. I have included the April, 1998 brainstorming
concepts that a previous City Council generated.
Mark McNeill
City Administrator
MM:th
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: March 12 Goal Setting Session
DATE: March 8, 2002
Next Tuesday at 4:30, the City Council will meet to participate in the goal setting session.
Mayor Mars and I have discussed this; there may be some staff present, but the focus of
this goal setting session will be for the City Council. This is especially needed, in as
much as three of you are new to your positions.
From my notes, last time that the City Council participated in a goal setting session was
in April, 1998. The "brainstorming" ideas that I have of that meeting follow — these were
later ranked as to the top 6 priorities. Some of these may be of some benefit to you as you
think about what you would like Shakopee /the City Council to be or do in the future:
DNR trails along the riverfront, tying the downtown and Huber Park together.
2. Arts Center/Band Shell.
3. Increasing downtown vehicular and pedestrian traffic.
4. Rename County Road 69 and 101.
5. Build a nine -hole golf course.
6. New library in the downtown.
7. Dress -up First Avenue/First Avenue streetscape.
Dress -up County Road 69 railroad overpass — "Welcome to Shakopee ".
9. Deal with land use planning with Louisville and Jackson Townships.
10. Clean -up used car lots along First Avenue; limit number of used car lots.
11. Create a Parks and Recreation Task Force, to determine and plan how to fund
future park needs.
12. Plan a referendum for funding future park development.
13. Longer range funding plan for Capital Improvements Program.
14. Replace and upgrade playground equipment in older parks.
15. Change zoning to protect the downtown.
16. Recreate the Community Development Commission.
17. Publish a community newsletter.
18. Program for high quality industrial development.
19. Resist the land trust application of SMSC.
20. Create a historic preservation plan for the downtown.
21. Rebuild the Chaska trail bridge.
22. Noise abatement.
23 Do Vierling Drive sidewalks and trail completion and Marschall Road south of
10 1h
24. Create a tree ordinance, and designate a tree replacement fund, and minimum sod
standard for new construction.
25. Create a web page for the City, with school and CVB links.
ACTI ®N REQUIRED:
Bill Mars asks that each of you come prepared with six goals that you would like to see
implemented in Shakopee:
1. Two goals that should be attainable within the next 18 to 24 months.
2. Two goals that should be attainable in 2 to 5 years.
3. Two goals that should be "longer range ", taking more than 5 years to achieve.
Following a comparison of the individual goals, these will be grouped together for
similarity; those can then be prioritized, and a discussion may be held to determine what
funding sources might be needed.
The goal setting session may also discuss the challenges facing Shakopee, and the
benefits of living here. We ask that you also come prepared to share your thoughts on
those as well.
Mark McNeill
City Administrator
MM:th