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HomeMy WebLinkAbout11/21/2000 ADJ. REGULAR SESSION TENTATIVE AGENDA CITY OF SHAKOPEE SHAKOPEE, MINNESOTA LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report NOVEMBER 21, 2000 5] Approval of Consent Business — (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS — (Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: September 19, 2000 *8] Approval of Bills in the Amount of $346,498.50 plus $302,232.67 for refunds, returns and pass through for a total of $648,731.17 9] 7 :00 P.M. Public Hearings: A] Proposed assessments for improvements to Vierling Drive from Marschall Road to Miller Street, 1999 -5 — Res. No. 5445 B] Proposed assessments for improvements to Marschall Road from TH 169 to St. Francis Avenue, 1999 -7 — Res. No. 5446 C] Proposed assessments for Delinquent Garbage/Recycling Bills — Res. No. 5447 D] Currency Exchange License Renewals — Res. Nos. 5449, 5450, 5451, and 5452 E] Taxicab and Taxicab Drivers License — Oscar Javier Salas 10] Communications 11] Liaison Reports from Council Members TENTATIVE AGENDA November 21, 2000 Page 2 12] Recess for Economic Development Authority meeting 13] Re- convene 14] Recommendations from Boards and Commissions 15] General Business A] Community Development * 1. Text amendment to City Code Requiring Trees and Sod for Single - Family Detached Housing — Ord. No. 582, tabled 11/6 2. Revised AUAR for Proposed Shakopee Crossings — Res. No. 5453 B] Public Works and Engineering 1. Adopting Assessments for Improvements to Vierling Dr. from Fuller St. to the west plat boundary line of Orchard Park West PUD, 1998 -3 — Res. No. 5438, tabled 11/6 *2. Parking Control Signage Change Along 3` Avenue *3. Surveying Services for Sarazin Street and Valley View Road Feasibility Report C] Police and Fire * 1. Emergency Vehicle Preemption System *2. Emergency Response Team Trailer D] Parks and Recreation * 1. Order Plans and Specifications for 2001 Park Projects 2. School Year Aquatics Program E] Personnel 1. 2001 Non - Contract Cost of Living Adjustments — Res. No. 5455 2. Employee Health Insurance — Res. No. 5456 F] General Administration: 1. Garbage and Recycling Contract 2. Smokin Ban *3. Library Request For Proposals (RFP) for Architect *4. Condemnation of Property along Gorman Street — Res. No. 5448 *5. Data Practices Compliance Official — Res. No. 5454 *6. Amending 2000 Budget — Res. No. 5434 7. Murphy's Landing/Hennepin County Parks 161 Council Concerns 17] Other Business 18] Adjourn to Monday, November 27, 2000, at 5:00 p.m. FOV ZF_ : !!�N ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adj ourned Regular Meeting 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda November 21, 2000 3. Approval of Consent Business - (All items noted by an 4 are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) 4 Approval of Minutes: �0y3e' 4. Financial A.) 4 Approval of Bills 5. Recommendations from Economic Development Advisory Committee: A.) Strategic Planning Facilitation Services 6. Informational Items: A.) Downtown Development Workshop Report 7. Other Business: 8. Adjourn (Next meeting: Tuesday, December 5 cdagenda.doc v B CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Economic Development Advisory Committee Paul Snook, Economic Development Coordinator SUBJECT: Recommendation from EDAC regarding Strategic Planning Facilitation Services MEETING DATE: November 21, 2000 = Through recommendation by the Economic Development Advisory Committee, the EDA is asked to enter an agreement with Quinlivan & Associates to provide facilitation services for economic development strategic planning. Strategic planning for economic development is a means by which a community can take a proactive rather than reactive approach to the economic development challenges that face it. Strategic planning can improve the efficiency of economic development efforts, overcome differences among those involved in the economic development process, and most importantly provide direction and define goals for the economic development program. It can also create a realistic understanding not only of what is desirable but also what is possible under the inevitable constraints of limited manpower, money resources and competitive conditions. The strategic planning process is composed of a cycle of eight steps: 1. Initiate and organize the process. 2. Develop a mission statement. 3. Analyze the community's current economic situation, and evaluate community's economic development strengths, weaknesses and opportunities for and threats to economic development. 4. Identify and prioritize economic development issues. 5. Formulate goals and objectives. 6. Develop strategic actions. 7. Implement the strategic plan. 8. Review, evaluate and update the strategic plan. FacilRecomndMo.doc Discussion: After receiving proposals from and conducting in -depth interviews with consultants Roger Guenette of Advance Resources for Development, and Jack Quinlivan of Quinlivan & Associates, the EDAC arrived at a decision to recommend that the EDA enter an agreement with Quinlivan & Associates for strategic planning facilitation services. Please refer to Exhibit A, Quinlivan & Associates' proposal, and Exhibit B, proposal from Advance Resources for Development. The primary reason for the EDAC's recommendation is that Quinlivan & Associates proposes a "staged" or "stepped" approach to the strategic planning process, with cost breakdown for each step of the process, versus a more rigid approach offered by Advance Resources for Development. The EDAC prefers Quinlivan & Associates' proposal in that it gives the EDAC/EDA the flexibility of engaging in and expending resources for as many of the three steps as it deems necessary. Budget Impact: Quinlivan & Associates estimates its services to cost between $2,100 and $13,700, depending upon the steps involved. Advance Resources for Development estimates its services to cost $6,500. Should the EDA decide to enter an agreement for strategic planning facilitation services, it is recommended that a "not to exceed" amount be established in that agreement. 1. Accept the Economic Development Advisory Committee's recommendation to direct staff to enter a "not to exceed" agreement with Quinlivan & Associates to provide facilitation services for economic development strategic planning. 2. Direct staff to enter a "not to exceed" agreement with Advance Resources for Development to provide facilitation services for economic development strategic planning. 3. Do not direct staff to enter an agreement to provide facilitation services for economic development strategic planning, and request additional information. EDAC Recommendation: Option 1. Action Requested: Offer and pass a motion to accept the Economic Development Advisory Committee's recommendation to direct staff to enter a "not to exceed" agreement with Quinlivan & Associates to provide facilitation services for economic development strategic planning. FacilRecomndMo.doc Proposal to: City of Shakopee EXHIBIT A By: John F. Quinlivan & Renae Shields Quinlivan & Associates Introduction In September of 2000 the City of Shakopee EDAC contacted Quinlivan & Associates, an economic development and land use planning firm, to submit a proposal to facilitate a strategic planning process for the EDAC. Quinlivan & Associates were asked to submit a proposal specifically for the facilitation of a community meeting, as well as to present an extended proposal to facilitate a complete strategic planning process. This proposal follows. Organizational Background The City of Shakopee Economic Development Advisory Committee Member Position Statement Description states: "The EDAC's primary responsibility is to advise the EDA on economic development issues: provide concentrated and dedicated work in economic development issue identification, strategy development, and recommend actions to the EDA and City Council for implementation." In a nutshell, it is our understanding that the EDAC is charged with the task of identifying economic development issues, developing an economic development strategic plan, and recommending actions to the EDA and City Council regarding implementation of economic development issue and initiatives. To date, the EDAC has held a series of meetings and has developed a mission statement as follows: EDAC Mission Statement: "The Mission of the Shakopee Economic Development Authority is to enhance the economy of Shakopee by broadening the city's job base and increasing it's revenue base through the retention, expansion, creation, and attraction of quality jobs and businesses, and through redevelopment activity." Strategic Planning Overview Strategic Planning is a management tool that should be used for one purpose only —to help an organization do a better job. When the process is accomplished in a meaningful way, it should help your organization (the Shakopee EDA) to: • focus its energy • ensure that members of the organization are all working toward the same goals • assess and adjust your direction in response to a changing environment ® focus on the future Through the strategic planning process you will realize areas of strength, possibilities for growth, and a focusing of your priorities. The ultimate result of your strategic planning should be your strategic plan, which is basically: 1. A set of decisions about what to do 2. Why to do it 3. How to do it This well- designed plan will give you the following results: 1. A clearly defined direction that guides and supports the leadership and governance of the Shakopee EDA. 2. A uniform vision and purpose that is shared among all stakeholders. 3. An increased level of commitment to the Shakopee EDA and its goals. 4. A foundation for board recruitment and development and fundraising efforts. 5. The ability to set priorities and match financial and human capital to those priorities. Although there are many models of strategic planning, there are basically three steps in the strategic planning process. Step One: Information Gathering Step Two: The board (committee) sets goals and develops an approach to achieving the goals. Step Three: The staff works to fulfill the goals. Brief Project Description Quinlivan & Associates can assist The City of Shakopee EDAC in the following strategic planning tasks: Step One: Information Gathering Information gathering consists of just that — gathering information from the committee, the EDA, the staff, and other interested stakeholders —the broader community. This can be accomplished by many methods: individual surveys, focus groups, telephone surveys, or community meetings. The Shakopee EDAC has requested that Quinlivan & Associates present a proposal for facilitating a community meeting as the chosen method of information gathering. This method can have very positive results as it builds enthusiasm, establishes accountability, and creates a vision and values shared with the EDA and the community. The goal of a community meeting should be to develop an inclusive process so that people who have a stake in the work of the EDA can participate in the planning process in an appropriate way. This does not mean that every participant will come to a joint consensus about what to do. It does mean that those interested individuals have a chance to be heard by decision- makers so the EDA can plan in the best way. Appropriate individuals to be invited to this community meeting may include, but may not be limited to representatives of the following organizations: business and industry (employers and employees, retail and non - retail), infrastructure /utilities, education (including students), Chamber of Commerce, banks, planners, City Council and /or City Administrator, County Commissioners and /or County Administrator, state organizations (i.e. DTED), other interested collaborators or potential funders. It is our understanding that EDAC staff will prepare the list of invitees, print, and mail the invitations to participants of the community meeting. Quinlivan & Associates will assist in the written preparation of the invitation and assist in organizing the structure of the meeting. As important as obtaining information and feedback from interested stakeholders is to the strategic planning process, many "free for all" informational gathering sessions are not as effective as they could be. This can be due to the varied backgrounds, knowledge, expertise, and personal agendas of participants. Individuals lead busy lives, and although they may be expert in their particular area (i.e. utilities), they may have little or no background in other areas (i.e. education). In order to obtain the best information possible, we feel it is important to bring some specific structure to such a meeting. The most important step is bringing the participants to a common point for a focused discussion. We suggest the best way to do this is to truly focus the meeting on pertinent economic development issues instead of opening it up as a "free- for -all" session. We suggest focusing the meeting by initiating the session with a slide show (Powerpoint or traditional) that gives an overview of Shakopee where it is at in October 2000 with regard to economic development issues. While this does add some up -front hours in preparation for the meeting, it will also give you the best chance in obtaining the most pertinent information for future planning. Not only is specific structure important in preparing for this process, enthusiasm in the process and developing pride in the community are especially important in maintaining ongoing community interest. It is our belief that this slide show and an enthusiastic manner in facilitating the meeting will generate this enthusiasm. As detailed in this proposal, Quinlivan & Associates will facilitate the actual community meeting and prepare a written report to the EDAC organizing and recapping the meeting's results. If attendance at the community meeting is low, it may be imperative to perform a follow - up survey to gain important planning information from those critical stakeholders not in attendance. Quinlivan & Associates has not included this as part of the proposal as the outcome is not known at this point, but would be able to assist with this function as needed and agreed in the future. Step Two: Goal setting and strategy planning. Once information has been gathered from the committee, the staff, the EDA, and other interested community stakeholders, it is up to the committee (in this case, the EDAC) to set and prioritize the goals for issues and initiatives related to economic development in the City of Shakopee; and to develop an approach to achieving these goals. The task of the EDAC is already specifically spelled out in the City of Shakopee Economic Development Advisory Committee Member Position Statement Description, which states the following duties and responsibilities of the committee: 1. "Create a sound economic development policy and recommend to the EDA. With the EDA and other economic development stakeholders, employ the policy through strategic plan development and implementation of related programs. 2. Develop and recommend to the EDA an effective strategic plan and related programs inclusive of the following areas: • Business Retention and Expansion • Targeted Business Attraction/Marketing • Prospect Response • New Business Development • Redevelopment • Financial Incentives • Assist with Tourism Development • Data Collection/Research With the EDA and other economic development stakeholders, carry out the strategic plan and programs accordingly. 3. As necessary, advise the EDA on funding economic development initiatives. 4. Maintain an effective committee by keeping meetings focused around a planned agenda." Going through the process of setting goals, prioritizing goals, and setting sound strategies to accomplish these goals is, as stated, a process. Quinlivan & Associates can assist the Shakopee EDAC in accomplishing this task by using our experience in the strategic planning process and our expertise in the economic development and land use planning fields. We can assist the staff in setting and coordinating a schedule and agenda for meetings, facilitating meetings, and offering suggestions as to developing an approach to achieving these goals. This process can include anything from two or three highly focused meetings, to a committee retreat and follow up, to a monthly 6 -month process. In order to give a finite financial estimate, further discussion would need to be addressed as to how the EDAC would like to proceed with this process. However, we have included an estimate price range in our itemized proposal below. Step Three: The staff works to fulfill the goals. The development of a realistic work plan is the initial point in staff fulfilling the goals set in the strategic plan. Quinlivan & Associates will work with the staff and EDAC to develop a common -sense work plan that includes the following strategies: • Organizational – the planned revenue for organizational development (collaborations, earned income, etc.) • Programmatic – how to develop, manage, and deliver programs. • Functional – how to manage administrative and support needs that impact your organization's efficiency and effectiveness. Proposal Specifically, Quinlivan & Associates will provide the following services: Step One: Information Gathering 1. Assist in the written preparation of the invitation for the community meeting. 2. Meet with EDAC staff in organizing and structuring the meeting. 3. Prepare the agenda for the community meeting. 4. Prepare a 10 -15 minute presentation "New Suburb but Old Town " —a slice of today in Shakopee. 5. Facilitate the community meeting. 6. Prepare a written report to the EDAC as a recap to the community meeting. Estimated Cost for Step One: $2,100.00 Step Two: Goal Setting and Strategy Planning 1. Assist staff in setting and coordinating a schedule and agenda for EDAC strategic planning meetings. 2. Facilitate strategic planning meetings /retreats with the Shakopee EDAC to set goals, prioritize goals, and set sound strategies to achieve those goals. 3. Prepare a written strategic plan outlining the EDAC proposed strategic plan inclusive of (but not limited to) the following areas (as requested in the City of Shakopee Economic Development Advisory Committee Member Position Statement Description): • Business Retention and Expansion • Targeted Business Attraction /Marketing ■ Prospect Response ■ New Business Development ■ Redevelopment ■ Financial Incentives ■ Assist with Tourism Development ■ Data Collection /Research Estimated Cost Range for Step Two: $1,500.00 - $10,000.00 ($9,500.00 for the first meeting and report (includes up -front work and preparations) and $750 for consecutive meetings.) Step Three: The staff works to fulfill the goals 1. Assist staff and EDAC in developing a realistic work plan. Estimated Cost for Step Three: $1600.00 The above estimate is for set services as stated based upon the above schedule and includes projected costs for each segment of the proposal. Billing will be based on actual hours and will vary according to actual work requested from contractor. A set price can be determined and a contract presented before actual work begins on the project, and further discussion and /or clarification of the steps may be appropriate. Further consultation services beyond the scope or timeframe or project will be considered at an additional rate to be determined based upon scope of stated project. In reading through related documents, we noted that "...Create a sound economic development policy and recommend to the EDA. With the EDA and other economic development stakeholders, employ the policy through strategic plan development and implementation of related programs." is included in the duties and responsibilities for the committee. As well, no evaluation process is included in this proposal. While not asked to present a proposal for those items, Quinlivan & Associates has experience in those areas and could be considered to assist in those processes. Employment Status Quinlivan & Associates will perform this contract as an individual contractor, not as an employee. As such, John F. Quinlivan, Renae L. Shields, or staff of Quinlivan & Associates are not eligible to participate in any of the City of Shakopee's employee benefit programs. Schedule of Payments Quinlivan & Associates shall receive a fee for each segment of the contract to be paid when each segment of the contract is completed. Contractor will invoice the City of Shakopee for actual hours completed. If contract is terminated, the last payment shall be made within fifteen days of contract termination date. John F. Quinlivan Quinlivan & Associates Date: September 30, 2000 AGREEMENT y B CITY OF SHAKOPEE .11 1 ADVANCE • DEVELOPMENT, 1 WHEREAS, this AGREEMENT is made and entered into this day of September, 2000, by and between Advance Resources For Development, Inc., a Minnesota Corporation with offices at 201 N. Broad St., Suite 310, Mankato, Minnesota 56001 (hereinafter referred to as the "CONSULTANT "), and the City of Shakopee, 129 Holmes St. S., Shakopee, MN 55379 (hereinafter referred to as the "CLIENT "); and WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in connection with the preparation of a report identifying issues, opportunities, funding options and recommendations for strategies in support of activities as relates to economic development within the City of Shakopee, Minnesota (hereinafter referred to as the "PROJECT "), and the CONSULTANT has signified its willingness to furnish technical and professional services to the CLIENT; and WHEREAS, the CONSULTANT will provide such assistance through the coordination, research, analysis and subsequent presentation of information to facilitate the PROJECT (hereinafter referred to as the "ACTIVITIES "); and WHEREAS, the CONSULTANT represents that it is familiar with the scope of work involved in undertaking these ACTIVITIES and is qualified and willing to provide such assistance. NOW THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultants Services The CONSULTANT agrees to perform in a good and professional manner those services outlined in Appendix A, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Services to be Provided by the Client In the event that any information, data, reports, records, and maps are existing and available and are useful for carrying out the work on this PROJECT, this information shall be promptly furnished to the CONSULTANT. Specific services and materials to be provided by the CLIENT are outlined in Appendix B, a copy of which is attached hereto and incorporated in this AGREEMENT. C. Meetings and Reports The CONSULTANT shall during the duration of this contract, attend the necessary public meetings to accomplish the PROJECT. The CONSULTANT shall provide sufficient copies of proposed documents to the CLIENT for meeting purposes. Sufficient copies of any final documents shall be prepared to ensure that the CLIENT can meet all obligations for submitting said documents. D. Changes in Scope of Service The CLIENT may request of the CONSULTANT changes in the Scope of Services to be performed hereunder. Changes which are mutually agreed upon by and between the CLIENT and the CONSULTANT, Page 1 of 2 including any appropriate increase or decrease in the amount of compensation, shall be incorporated in written amendments to this AGREEMENT. E. Consultant's Compensation The CONSULTANT shall be compensated six thousand five hundred dollars ($6,500), as referenced under F below, for CONSULTANT time and expenses including travel, general out -of- pocket expenses and printing. F. Method of Payment The CONSULTANT shall be paid an initial retainer of $2,500 with the balance of $4,000 due upon delivery of a final report that is acceptable and satisfactory to the CLIENT. G. Time of Performance The services of the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy of this AGREEMENT and shall, absent of causes beyond the control of the CONSULTANT, be completed within ninety (90) days thereafter, unless otherwise mutually agreed between the CONSULTANT and the CLIENT. H. Hold Harmless CONSULTANT hereby agrees to indemnify and hold CLIENT harmless from all claims or liability including attorneys' fees arising out of the professional services furnished under this contract, providing that such claims or liability is the result of a negligent act, error or omission of the CONSULTANT and/or its employees /agents arising out of the professional services described in the contract. I. Other Provisions The CLIENT and the CONSULTANT agree to the terms and conditions outlined in Appendix C, a copy of which is attached hereto and incorporated in this AGREEMENT. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date and year first above written. CONSULTANT: CLIENT: ADVANCE RESOURCES CITY OF SHAKOPEE FOR DEVELOPMENT, INC. LN Roger Guenette Its: Partner Its: Page 2 of 2 APPENDIX A The CONSULTANT shall perform the following services to facilitate the PROJECT: • Work with City staff to compile materials that will overview status of development including existing needs and opportunities within Shakopee. • Coordinate development of agenda and dissemination of background materials to workshop participants. • Conduct workshop to facilitate communication and discussion with staff, Economic Development Advisory Committee (EDAC) members and "key informants" in the community to determine potential development goals. Attempt to identify relative benefits and limitations of each goal in order to establish immediate versus longer -term focus for accomplishment. • Upon achieving consensus of development goals, establish priorities and, quantify costs for implementation. • Identify resource network (i.e. existing programs and agencies that may assist in accomplishment) and incorporate into program. • Determine organizational structure, criteria, guidelines and staffing requirements for each of the identified economic development goals. • Identify funding strategy and steps necessary for implementation. • Draft a report for consideration by the Economic Development Advising Committee that identifies costs, strategies, tinneframes, benefits and recommendations to accomplish a "Strategic Plan for Economic Development in Shakopee MN." • Review draft report and obtain approval by EDAC to forward to EDA and City Council. A -1 APPENDIX B INFORMATION AND SERVICES TO BE PROVIDED BY THE CLIENT The CLIENT agrees to provide the following information and services to the CONSULTANT on a timely basis. The completion of services to be performed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the CONSULTANT, the services, data, and reports described in this attachment. The information and services to be provided are identified in the following paragraphs. I . The CLIENT shall be available on a day -to -day basis to ensure timely progress of the PROJECT. 2. The CLIENT shall assist in the arrangement of meetings. 3. The CLIENT shall provide any information available regarding zoning, land costs, infrastructure capacity, information on the availability of financial incentives and other related information that would be beneficial in developing a report on funding options in support of community /economic development activities. 4. The CLIENT shall be responsible for obtaining any legal or engineering assistance necessary to undertake the PROJECT. I APPENDIX C OTHER PROVISIONS Termination. The CLIENT and the CONSULTANT shall have the right to terminate the AGREEMENT by 10 days written notice (certified mail) to the other party. In such event, all finished and unfinished documents and work papers prepared by the CONSULTANT shall become the property of the CLIENT, and the CONSULTANT shall receive just and equitable compensation and reimbursement for the work undertaken to the date of termination. If CLIENT does not exercise the option to claim such documents and work papers as its property, then no fee shall be payable. 2. Excusable Delays. The CONSULTANT shall not be in default by any reason of any failure in performance of this AGREEMENT in accordance with its terms, if such failure arises out of causes beyond the control and without default or negligence of the CONSULTANT. Extra Work. If requested and authorized in writing by the CLIENT, the CONSULTANT will be available to furnish or obtain from others, additional services. The cost and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CLIENT and the CONSULTANT. 4. Findings Property of Client. All finished or unfinished documents, data, surveys, studies, drawings, maps, models, photographs, and reports prepared by the CONSULTANT shall at the option of the CLIENT, become the CLIENT'S property. Conflict of Interest. The CONSULTANT certifies to the best of its knowledge that no CLIENT employee or employee or officer of any public agency interested in this AGREEMENT has any pecuniary interest in the business of the CONSULTANT or the AGREEMENT, and that no person associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the AGREEMENT. 6. Compliance with Laws. The CONSULTANT shall at all times observe and comply with all laws, ordinances and regulations of the state, federal, local and city government which may in any manner affect the performance of the AGREEMENT. 7. Personnel. All of the services will be performed by the CONSULTANT. The CONSULTANT represents that it has, or will secure at its own expense, all personnel required to carry out and perform the scope of services of this AGREEMENT. Such personnel shall be fully qualified. 8. Independent Contractor. The relationship of the CONSULTANT to the CLIENT is that of an independent contractor. Nothing in this AGREEMENT shall be construed so as to deem any employee or agent of the CONSULTANT an employee of the CLIENT for any purpose. C -I & A � CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Downtown Development Workshop (10- 10 -00) DATE: October 30, 2000 On October 10, 2000 there was a workshop regarding downtown development and redevelopment issues. Members of the Vision Shakopee Downtown Partnership suggested the informal, roundtable workshop, which included a small group comprised of downtown merchants / members of Vision Shakopee, representatives from the post office, Mayor Brekke, EDA President Amundson, two members of the City's Economic Development Advisory Committee, and three City staff members. The workshop was originally intended for August, but due to the City Council's very busy meeting schedule, the most opportune time for the workshop was October 10 The intent of the workshop was to gather a small, workable group of downtown stakeholders to identify development and redevelopment issues of the Downtown and 1St Avenue Corridor, and to develop goals and strategies based on the identified issues. The Workshop Meeting: The workshop meeting was arranged in two segments, 1.) Background and review of current development, and 2.) Identification of Issues / Goals / Strategies: Background / Current Developments Workshop participants provided background and updates regarding the following developments: • Phase 2 Application to the Livable Communities Demonstration Account of Metropolitan Council • City Facilities (City Hall, Library) • Small Cities Development Program • Facade Loan Program (2 potential projects) • Office Building Expansion • Huber Park Proposal — Vision Shakopee Riverfront Committee Post Office Expansion Needs Scott County HRA Development on Bluff Street DTWorkshopGoals 10- 10- OO.doc Identification of Issues / Goals / Strategies Based on background and information on current development, the workshop participants developed the following goals: 1. Retain post office retail service center in the downtown area The retail portion of the post office is considered an important economic asset to downtown; it is a major traffic generator and provides market opportunities for the district. Through a retention plan, City staff will work with Vision Shakopee and other downtown stakeholders to encourage the post office to retain its retail service center in the downtown area. The post office retention plan would include assisting the post office in searching for sites; facilitating communication between downtown stakeholders, post office officials, and local, state, and federal elected officials, urging support for retaining the post office in the downtown; engaging non - elected opinion makers; and developing and implementing a media plan. The City will not be committing resources to acquire property for a new downtown post office. 2. Update 1996 Riverfront Master Plan, focusing on Huber Park In 1996, the City retained Brauer & Associates to develop a master plan for the development of the riverfront and blocks 3 & 4. The redevelopment of blocks 3 & 4 has been realized but no other elements of the master plan have been implemented or planned for. Based on information provided in the 1996 riverfront master plan, the Vision Shakopee Riverfront Committee and City staff earlier this year identified Huber Park as an opportunity to continue improvements to the riverfront; specifically an outdoor performance venue similar to the facility in Eden Prairie's Staring Park. The committee met with Brauer & Associates to attain an estimate of an update to the 1996 master plan, focusing specifically on the Huber Park area as an outdoor performance venue. Brauer & Associates estimated the update to cost between $5,000 and 10,000. The committee intended to go before the EDA and City Council to recommend that the update of the master plan be done, however, in the last few months the City has been in the process of applying to the Metropolitan Council for a planning grant (Livable Communities Demonstration Account) that potentially could include costs for Huber Park master planning. Therefore, City staff recommended to the committee that it postpone its recommendation until results of the grant application were known. As emphasized at the workshop it currently looks as if Shakopee's Livable Communities grant application, should it be successful, would not include costs for the planning of Huber Park but would focus on the 1" Avenue corridor and core area of downtown. Mayor Brekke and EDA President Amundson requested that staff present the Huber Park master plan update at the next Council/EDA meeting in which the Livable Communities grant application is discussed. DTWorkshopGoals10- 10- OO.doc 3. Work with Vision Shakopee to establish a Special Service District The Vision Shakopee Downtown Partnership has been researching ways to be most effective in comprehensively revitalizing downtown and the 1 St Avenue corridor. This includes considering methods by which to fund the organization's activities. One method being used more by downtown organizations across the country is the "business improvement district" (in Minnesota, it's called a "special service district "). In general, a special service district (SSD) is an organizing and financing mechanism used by property owners and merchants to determine the future of their retail, commercial and industrial areas. The special service district is based on state law, which permits property owners and merchants to band together to use the city's tax collecting powers to "assess" themselves. These funds are collected by the city and returned in their entirety to the SSD and are used for purchasing supplemental services (e.g. marketing, promotions, special events, maintenance, sanitation, security, business retention and recruitment, etc.) and capital improvements (e.g. street furniture, trees, signage, special lighting, etc.) beyond those services and improvements provided by the city. In essence the program is one of self -help through self - taxation. A special service district is established through petition support from property owners and merchants who will pay the proposed assessments. A special service district can only be established if the following threshold of property owners, individuals and business organizations subject to service charges in the proposed district file a petition requesting a public hearing on the proposed action a. Owners of 25 percent or more of the land area of property, and b. Owners of 25 percent or more of the net tax capacity of property, and c. 25 percent or more of the individual or business organizations Conversely, if 35 percent of property owners, individuals and business organizations subject to the service charges in the proposed district file an objection to the ordinance establishing the district before the effective date, the ordinance does not become effective. In order to become a more effective organization, members of Vision Shakopee are willing to pursue establishing a special service district. At the workshop meeting Mayor Brekke and EDA President Amundson expressed support for establishing a district, and advised staff to work with the Vision Shakopee board in further researching the feasibility of this. Action Requested No action is requested at this time. This is an informational item. DTWo rkshopGoals 10 -1 O- OO.doc OFFICIAL PROCEEDINGS OF THE 1 J REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 19, 20OCT, The pledge of allegiance was recited. The following item was changed on the agenda. 15.D.1 Specifications for Soccer Fields. It was noted there would be no Economic Development Authority meeting tonight. Amundson/Sweeney moved to approve the agenda as presented. Motion carried unanimously. There was no Mayor's report this evening. The following items were added to the Consent Agenda. 15.B.1. Authorize Quotes for Sanitary Sewer Televising- Link/Amundson moved to approve the Consent Agenda as modified. (Motion carried under the Consent Agenda.) Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Link/Amundson moved to approve the meeting minutes for duly 18, 2000. (Motion carried under the consent agenda.) Link/Sweeney moved to approve the bills in the amount of $471,167.18 plus $183,218.12 for refunds, returns and pass throughs for a total of $654,385.30. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed Vacation of Research Boulevard East of CR -83. Michael Leek, Community Development Director, approached the podium and reported on the public hearing for the vacation of Research Boulevard located east of County Road 83. Sometime ago, staff was directed to initiate the vacation for a right -of -way known as Research Boulevard that was dedicated in Valley Park First Addition. This area has now been replatted as ADC First Addition. As part of that plat, the City has acquired separate right -of -way and Research Boulevard is no longer needed. The Planning Commission voted to recommend approval of the vacation at their September 7, 2000 meeting. There is a recommended condition Official Proceedings September 19, 2000 Of the City Council Page 2 in Resolution Number 5414 that states the City retain a drainage and utility easement over the area being vacated. Mayor Brekke asked for public testimony. There was none. Mayor Brekke declared the public hearing closed. Morke/Link offered Resolution No. 5414, A Resolution Of The City Of Shakopee Vacating Research Boulevard Within The Plat of Valley Park First Addition, City of Shakopee, Scott County, Minnesota, and moved its adoption. Motion carried unanimously. Cncl. Sweeney reported on the Shakopee Public Utilities meeting. SPUC directed staff to initiate a meeting involving public utilities commissioners, DNR, legislative representatives, City Council and the County Commissioners in an attempt to determine where the DNR is on well approvals. SPUC is tying to get some idea of what the DRN is asking for before they give approval on a well to be used. This meeting was set for Monday November 13"' at 5:00 p.m_ Cncl. Link reported on the Murphy's Landing barn dance. Mayor Brekke asked if David Siwek was in the audience. He was not present at this time. Cncl. Morke stated there was a letter regarding the change in Moody's rating for the City of Shakopee Gregg Voxland, Finance Director, reported that the City of Shakopee has been working on getting its bond rating upgraded from Moody's rating house. The current rating of A -Z has been revised to a rating of A -1 resulting in a lower interest for all bonds issued in the future. Mayor Brekke congratulated Gregg Voxland for this achievement in saving the taxpayers money_ Mark McQuillan, Natural Resources Director, approached the podium and reported on the Tree Preservation Ordinance. Back in December of 1999 because of the clear cutting by Valley Green there was direction for Mr. McQuillan to work with the Planning Commission to come up with a Tree Preservation Ordinance_ At the Planning Commission meeting of September 12 the Planning Commission voted 3 -3 on the Tree Preservation Ordinance. It failed because of a lack of majority. During the whole process on developing a tree ordinance, the deadline for public comment was extended many times to allow continents from developers and the public. The purpose of the ordinance is to protect, enhance and preserve the natural environment of the community and to encourage a resourceful and prudent approach to the development and alteration of wooded areas. There are a variety of mitigation procedures in place within the ordinance if mitigation is necessary. The industrial and commercial were the most difficult zoning areas to address in this ordinance. Cncl. Link asked that there be two trees at the time of finished landscaping. Michael Leek stated the Planning Commission discussed this particular point of two trees. They decided that this should be addressed in the subdivision ordinance and brought back separately. Staff will address Official Proceedings September 19, 2000 Of the City Council Page 3 this and will bring a revised subdivision ordinance before the Planning Commission as soon as possible. Mayor Brekke asked that the two trees at the time of final landscaping be addressed now and perhaps it could come back before the Planning Commission at their next meeting. Mayor Brekke asked Mark McQuillan if the Eagan Ordinance (which is our original model) is working well in the City of Eagan or is it resulting in many cash payments to the City because of mitigation? Mr. McQuillan stated in residential areas it worked well, however, in commercial and industrial areas it appeared some mitigation could not be prevented. The City of Shakopee is proposing some alternatives to the commercial and industrial developers. Mark McQuillan thought it would be useful to utilize Steve Kunde to review plats when they came in to see that they followed the code. This would be very helpful, particularly when the City is first starting to use the Tree Preservation Ordinance. The Upper Valley would probably be impacted the most by this tree Preservation Ordinance. Michael Leek approached the podium with a graphic of the adopted land use plan map in which he showed some areas that were being talked about. Mr. Leek said in the adopted plan and the proposed plan basically low density residential areas were being talked about_ Michael Leek addressed Mayor Brekke's question on how the Tree Preservation Ordinance was working in Eagan. Developers were only allowed to cut down the percentage of the trees stated in the ordinance and no more. Apparently there were no cash payments in lieu of cutting more trees. Bruce Loney, Public Works Director, said there is not much developing going on in Eagan; they are pretty well developed out. Michael Leek approached the podium and showed why he gave the build out percentage for Shakopee as he did. Mayor Brekke welcomed Mr. Kunde to the meeting at this time. Cncl. Sweeney had several points regarding the Tree Preservation Ordinance that he wanted to discuss. These points were regarding diseased trees, definitions, language, ambiguous wording, lack of a mechanism for review, i.e_ Mayor Brekke cautioned the Council on confusing the definition of terms and the ordinance. Michael Leek said if the Tree Preservation Ordinance was approved it would be come part of the zoning ordinance, ChapterlI, and would be subject to the same variance process as any other request for a variance under that chapter. There was discussion on the number of trees that could be cut down on a parcel if no development at this time was taking place. Official Proceedings September 19, 2000 Of the City Council Page 4 Bruce Loney stated that the City should look at where a roadway should go and if trees are in the way then look at a mitigation plan. It really is not a good idea to zig -zag roads. Mayor Brekke stated that initially the City started out with Eagan's Tree Preservation Ordinance and because developers and the community were heard from much changing needed to be done to Eagan's ordinance to make it fit the City of Shakopee and this is an extremely complex issue. Mr. Leek attempted to tell what needed to be done to develop a lot with this Tree Preservation Ordinance in place. There was discussion on how trees were to be identified. A drawing of tree placement vs. a certificate of survey was discussed. A certificate of survey would increase the cost of a lot. According to Cncl. Morke, the Council needs to decide if they want this ordinance or not. Mayor Brekke stated his concern with this particular ordinance was the idea of cash payments; he would rather see incentives. This is a tree preservation ordinance. Cncls. Morke and Amundson concurred with Mayor Brekke. Michael Leek stated because the Planning Commission deadlocked on some of the Tree Preservation Ordinance issues, it was suggested that they send the ordinance on to the City Council. The Planning Commission was struggling and looking for direction from the City Council on what elements you were or were not looking for in the draft that was before you, so the Planning Commission could work on those issues. He thought there was a possibility the Planning Commission would come up with a Tree Preservation Ordinance but he was sure there would be some differences of opinion. The Planning Commission was concerned about the cost. Mayor Brekke asked Michael Leek if the Planning Commission would prefer that the City Council just deal with the unresolved issues. It was sensed at the last Planning Commission meeting the commissioners just were not comfortable with the ordinance as is and would like to look at some alternatives but felt they needed some direction in order to do so. Mayor Brekke moved to the awarding of the sale of $2,560,000 General Obligation Improvement Bonds. Series 2000A — Resolution No_ 5416. David MacGillivray, of Springsted, Public Finance Advisors, requested that the sale of $2,560,000 bonds be awarded to Miller, Johnson & Kuehn, Inc. The proceeds of these bonds would be used to finance six projects. The bonds will be repaid in large part by special assessments with a smaller annual property tax levy. The City received seven bids and the lowest and best bid came from Miller, Johnson & Kuehn, Inc. This bid has a true interest rate of 4.7990 %. The City was congratulated on their new up grade bond rating from Moody's Investment Service. Sweeney/Morke offered Resolution No. 5416, A Resolution Awarding The Sale of $2,560,000 General Obligation Improvement Bonds, Series 2000A Fixing Their Form And Specifications; Directing Their Execution and Delivery; And Providing For Their Payment, and moved its Official Proceedings September 19, 2000 Of the City Council Page 5 adoption. Motion carried unanimously. Public input on the Tree Preservation Ordinance was taken at this time. Heidi Grof, 5310 Eagle Creek Boulevard, was of the opinion that the Planning Commission did not want direction on this. They did not want the Tree Ordinance to come back. She wanted this decided this evening. She felt there was a conflict of interest for some members on the Planning Commission. Mayor Brekke explained that a conflict of interest meant there was money to be gained or lost by the Commissioner or Council person and he did not feel there was any conflict of interest on the Planning Commission level or any level regarding the Tree Preservation Ordinance. We all have duties to follow through and make the best decision for the people. Steve Carlson, STS Consultants, approached the podium and stated that he is working with Shakopee Crossings in reviewing this ordinance. He disagreed with Heidi Grof regarding the Planning Commission wanting this Tree Preservation Ordinance back to work on. He felt they did want it back. Looking at the technical aspects of this Ordinance, a few points have been overlooked i. e. fairness of benefited vs. taxing parties. Where is the developer's benefit? There are many negative incentives and not a lot of positive incentives in the Tree Preservation Ordinance. Steve Soltau, Shakopee Crossings, stated this Tree Preservation Ordinance was in reaction to a situation in the Dean's Lake area. The Planning Commission has been unable to resolve some issues. He felt the seven objectives reviewed by the Planning Commission went beyond a Tree Ordinance. You need a tree inventory of what is out there. What are you trying to preserve? He thought the commercial areas should be allowed to develop and if you cannot save the trees then beautify the area. Ed Fonnnier, 4731 Eagle Creek Boulevard, approached the podium and said this ordinance was somewhere between extreme and weak. He was for the ordinance_ He did not feel the Tree Preservation Ordinance was that tough. Steve Qualy, 4835 Eagle Creek Boulevard, was concerned about the time this ordinance is taking. This is just common sense for the common good. Kathy Gerlach, 4855 Eagle Creek Boulevard, approached the podium_ She recently had attended a round table on Mn. Environmental Law. The time has come and we need to trust the consultant and staff and make a decision. There needs to be an incentive to move this along. Trees belong throughout the City. Michael Willard, 1257 Pioneer Court, Chairman of the Planning Commission approached the podium and said given the opportunity, the Planning Commission would like to work more with the Tree Preservation document. Some policy decisions need to be made by the City Council and that is why this was passed on to the City Council with a 3 -3 vote from the Planning Commission. Official Proceedings September 19, 2000 Of the City Council Page 6 Does the City want to take cash payments to cut trees? Do we want to adopt an ordinance if it increases the cost of housing? Are the percentages of the trees to be saved what the City Council has in mind? Do you what this to include all areas, i.e. residential, commercial, industrial. Given direction on these parameters, it was felt the Planning Commission could come up with a Tree Preservation Ordinance. Mayor Brekke felt it was the right decision that the Planning Commission made to send the Tree Preservation Ordinance on to the City Council for policy decisions. Cncl. Morke concurred with Mayor Brekke on the Planning Commission sending this back to the City Council. Carole DeGeorgeo, 7385 Berkshire Court, Shakopee, approached the podium and encouraged the Council to pass this Ordinance. She felt it was a good ordinance. There are a lot of good things in this ordinance. Wendy Feunher, 4731 Eagle Creek Boulevard, approached the podium and she would like to see an ordinance passed now. Charley Kubler, 6558 Carlisle Curve, approached the podium and said he too would like to see this ordinance passed. He felt some areas were weak but this was not a reason not to pass the ordinance. Much time and money has been invested in this document. This is an excellent piece to get in place. He thanked the City Council for bringing this concept into a governmental effort. Mayor Brekke said this was a tough decision and he was still uncomfortable with the cash objective. He felt the objectives were two fold and that is: preservation where it made sense and can be accomplished and reforestation when preservation was not possible. He did not like the idea of the City applying a penalty to gain revenue. He would still like to see incentives in the Ordinance to get developers to adhere to the Ordinance. Mayor Brekke asked the Council if they wanted to deal with this issue this evening or set some policies and give some direction to the Planning Commission and let the Planning Commission deal with the ordinance. Link/Morke moved to direct staff to come back with the tree ordinance as presented by Mr. McQuillan and deal with amendments later. Jim Thomson said the Ordinance is not in the proper format tonight to include in the code. It was just brought to the City Council for discussion. If it is the consensus of the Council to adopt the language in this tree preservation document, then a motion can be made to direct staff to come back to the City Council at the next Council meeting with an amendment to City Code that has this language in it. Cncl. Amundson said she would be more comfortable with giving the Planning Commission some policy direction. She felt if the Planning Commission were given some policy direction, they Official Proceedings September 19, 2000 Of the City Council Page 7 could come up with an ordinance and then they could send it back to the City Council for their approval/disapproval. Mr. Thomson stated what he thought the City Council needed to take a look at. 1. Does the City Council want to adopt a Tree Preservation Ordinance of some type? 2. Do you want it to apply to all property classifications or just some types? i.e. residential, commercial, industrial. 3. Do you want it to apply to only new subdivisions? 4. Is there some minimum threshold you would like to see in the ordinance where no mitigation is required? 5. What types of mitigation would you like to see in the ordinance? These are five fundamental policy issues that the City Council needs to decide. Mayor Brekke felt a Tree Preservation Ordinance could be achieved that had a broad base of support. That support is not present at this time with this proposed ordinance. Cncl. Morke wanted Mr. Thomson's questions answered. Mayor Brekke went through the five policy questions that Mr. Thomson suggested_ 1. Do we want an ordinance? Consensus of Council - YES 2. Do you want this to apply to all property? There was discussion on this question regarding exemptions for PUD's and a variance process. Consensus for ALL PROPERTY 3. New only or new and preexisting development? Consensus NEW AND PREEXISTING DEVELOPMENT 4. Minimum threshold — consensus YES 5. Types of mitigation PRIORITIES should be listed (cash was discussed here) would like positive mitigation. Focus on PUD's, credits on parking, setbacks, density, signage, etc. requirements. Mr. Morke withdrew his second. Motion then failed for a lack of a second. Morke /Sweeney moved to send the Tree Preservation Ordinance back to the Planning Commission to incorporate the five steps with direction and policy decisions that the City Council has discussed this evening. If the Planning Commission does not reach agreement, the Planning Commission should then identify what they do agree on what they cannot agree on. This is to be done as soon as possible. According to Jim Thomson, because the City is considering a tree preservation ordinance, when plats come in that involve trees, they can be scrutinized in light of where we are at with the ordinance at that time. Motion carried 4 — 1 with Cncl_ Link dissenting. A recess was taken at 9.30 p.m. Official Proceedings Of the City Council The meeting re- convened at 9:40 p.m. September 19, 2000 Page 8 orke /Sweeney moved to approve the request to waive the subdivision criteria for a Minor Subdivision for applicant Dave Siwek. Motion carried unanimously. Sweeney /Amundson moved to authorize publication of notice in the "EQB Monitor" and distribution of the revised AUAR for Shakopee Crossings for final review. Mr. Leek pointed out that the copy before the Council did not include the appendices, which will be included in the document, which will be distributed. Staff did receive some comment that has been responded to and, of course, those responses will go to the reviewing agencies that submitted comments. Mayor Brekke called for public continent. There was no public comment. Motion carried unanimously- Link/Amundson moved to accept the low quote from Visu -Sewer Clean & Seal, Inc. for $0.34 per L.F. to televise 23,000 feet of main line sanitary sewer and $165.00/Hr. for cleaning and televising the River District trunk sewer, and a maximum expenditure amount not -to- exceed $27,820.00 without further authorization. (Motion carried under the Consent Agenda.) Mr. Loney approached the podium and reported on the pond construction of Outlot A, Valley Park 6"' Addition. He stated that there are trees on the site. They are not significant trees and most of these trees have grown from sucker roots. This site had been identified as a storm water pond when the storm water utilities were put in place. The City does need all of this storage for all the developed areas in the industrial park. Public Works will come back and seed the area and plant trees. This is an older plat and the developer did not have to build storm water ponds when he developed it. Sweeney /Amundson moved to authorize the appropriate City officials to award the project to Valley Green Business Park/Northwest Asphalt for the pond excavation in Valley Park 6` Addition, in the amount of $49,000.00. Motion carried unanimously. Mr. Loney gave a staff report on ordering a feasibility Report for CR 83 Reconstruction and CR 16 Realignment. The goal here is to limit traffic when Valley Green Corporate Center develops the business park. There are roadway improvements that would be necessary on the 83 corridor and the realignment of County Rd 16 in order to provide two access points for Valley Green Business Park. With the AUAR recently done, and a mitigation plan identified to limit the traffic of Valley Green Business Center; after talking with County staff and the County engineer, it has been decided that the next best step to solve some remaining issues on the CSAH 83 corridor and CSAH 16 would be to order a feasibility study on County Road 83 from 12 Avenue to '/2 mile south of existing CSAH 16 intersection; and for the reconstruction and realignment of CSAH 16, from 1400 feet west of CSAH 83 to 2200 feet east of CSAH 83. The closing off of Secretariat Drive is a requirement from Scott County and the County needs to do a traffic warrant for a Official Proceedings September 19, 2000 Of the City Council Page 9 signal at the intersection of County Road 83 and 12th Avenue. The issues that need -to be addressed are; expand the corridor to provide the necessary turn lanes and modifications to allow the realignment of 16 to occur, relocation of the future signal at 17` Avenue and the realignment of County Road 16. A Transportation Plan was done a few years ago, and one of the areas for study for traffic improvements was the Dean Lake area. The realignment idea of County Road 16 came with the Transportation Plan. The County Engineer has stated that the realignment of County Road 16 is an acceptable alignment as long as the intersection does not fail. The failure of this intersection is also a concern of MnDOT. There are jurisdictional issues related to CR 16 and 17 Ave. The County would like to have 17 Avenue as a county road. Speed and access issues need to be looked at before 17` Ave is made a county road. In return, the City would get County Road 16 from CASH 83 to CSAH 17. Cost determination of these improvements will need to be looked at along with cost participation agreements. This would be looked at in combination with assessments, City funding and County funding. The timing of the infrastructure improvements along CSAH 83 and CSAH 16 will need to be looked at. These improvement all need to be coordinated. There would also be some right -of -way needed for the reconstruction of CSAH 83 and CSAH 16 realignment. There is the possibility that a frontage road along County Road 16 would be built so there would not be driveways coming out on a County Road. Letters were submitted by Valley Green and MnDOT. Mayor Brekke asked if this feasibility study did move forward who would bear the cost. Mr. Loney stated that then it becomes a project cost and is an assessable cost. Mayor Brekke also asked about the speed limit on 17` Ave and the County accepting that road as a county road with a low speed limit. Mr. Loney stated he was told that the City could apply for a speed study now on 17 Avenue and then be required to take MnDOT's determination of the speed. Mayor Brekke felt there needed to be a neighborhood meeting about 17 Avenue being turned over to the County. According to Mr. Loney there could be a neighborhood meeting prior to the Council accepting the feasibility report_ Cncl. Link felt it would not be a good idea to turn over 17` Avenue to the County until it was fully developed. A 429 special assessment project would need to be done on this project because it was a county road and the county does not get involved with assessments_ Cncl. Morke wanted to know if the Council decided to do feasibility what was the City's commitment. Mr. Loney answered all the City really committed to was the study will be performed. Cncl. Morke was not in favor of giving the County any more roads. Mayor Brekke asked Mr. Loney if the speed study could be ordered as part of the feasibility study so the speed information would be available at the same time as the feasibility report. Mr. Loney said he would have to come back with a resolution at the next meeting for Council to order that a speed study be done on the current 17`'' Avenue. Mayor Brekke wanted some commitment to what the speed limit would be on 17`'' Avenue before it was turned over to the County. Mr. Loney said he could bring back a resolution at the next meeting to get the speed study done by MnDOT. Official Proceedings Of the City Council September 19, 2000 Page 10 Mayor Brekke wanted some dialogue between the Council and the County regarding the speed limit on 17 Avenue. Mayor Brekke wanted the County more involved within the City limits. The County is getting much benefit from this improvement. Mr. Loney said there were some policy decisions that needed to be made here. Our current Transportation Plan shows it connecting like Mr. Loney presented; therefore, the City will need to modify County Road 16 to get into compliance with the Transportation Plan. Cncl. Sweeney saw no problem with ordering a feasibility study. The feasibility study will give the City some much - needed information. Art Bannerman, County Commissioner, approached the podium and said the county has worked with the City on several complaints. The County is not initiating the realignment of the roads, this is development driven and the City should take care of it. Mayor Brekke stated that the county should participate in the cost of County Roads. Will the feasibility look at other options? According to Mr. Loney this can be done. Jon Albinson, Valley Green Business Park, approached the podium and stated that back in 1996 all the alternatives were looked at. Either lets do the feasibility study or not do it. Please do the study, I will pay for it. He explained that Valley Green is out of product and that this is the last area they have to develop. Sweeney /Amundson offered Resolution No. 5415, A Resolution Ordering The Preparation Of A Report For County State Aid Highway 83 From 12 Avenue to 1/2 mile South Of The Existing Intersection of County State Aid Highway 16; and For County State Aid Highwayl6, From 1400 Feet West Of County State Aid Highway 83 to 2200 Feet East Of County State Aid Highway 83, and moved its adoption. Motion carried 3 — 2 with Cncls. Link and Morke dissenting- Amundson/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on the preparation of a feasibility report on CSAH 83 &CSAH 16 improvements. Council Sweeney added a friendly amendment to the motion that City officials assure themselves that WSB is only representing the City when they do the feasibility study on CASH 83 and CSAH 16. This was acceptable to the motion maker. Motion carried 4 —1 with Cncl. Link dissenting. Official Proceedings Of the City Council September 19, 2000 Page 11 Link/Amundson moved to declare the items identified in the September 15`' 2000 memo from CSO Erin Lundy as surplus property, and authorized staff to appropriately dispose of these items. (Motion carried under the Consent Agenda.) (CC Document No. 297) Link/Amundson moved to approve the issuance of a burning permit for the Shakopee High School football Homecoming Bonfire to be held October 5, 2000. This permit will contain the following restrictions: (Motion carried under the Consent Agenda.) a. The size of the burning piles shall be approved by the Shakopee Fires Inspector. b. No materials shall be placed at the site of the fire prior to the morning of October 5, 2000. C. No material other than full or damaged pallets may be burned. d. Fire Department Personnel and apparatus shall be at the scene during the fire. e. Shakopee Public Schools shall be responsible for the removal of all trash from the area after the event. f. Responsibility for cost associated with site mitigation shall be determined before the permit is issued. Link/Amundson moved to direct staff to prepare an ordinance allowing recreational fires with a total fuel area of greater than three (3) feet in height to be permitted upon the issuance of a special permit. (Motion carried under the Consent Agenda.) Sweeney /Amundson moved to direct staff to prepare and disseminate Request For Proposals for a Master Plan of Southbridge parks. Mr. McQuillan noted that the funding would come from the park reserve funds. Sweeney /Amundson moved to amend the motion with the funding to come from the park reserve fund. The amendment carried unanimously. Amended motion carried unanimously. Link/Amundson moved to declare that Patty Latzke has successfully completed the 6 -month probationary period, and afforded her regular, full -time employment as Office Service Worker. (Motion carried under the Consent Agenda.) Link/Amundson moved to declare that Jesse Friendshuh has successfully completed the 6 -month probationary period, and afforded him regular, full -time employment as a Maintenance Worker in the Public Works Department. (Motion carried under the Consent Agenda.) Link/Amundson moved to declare that Jess Haeg has successfully completed the 6 -month probationary period, and afforded him regular, full -time employment as a Maintenance Worker in the Public Works Department. (Motion carried under the Consent Agenda.) Link/Amundson moved to authorize the hiring of Keith Raines as Public Works Maintenance worker and to be hired at Step 1 (14.26/Hr.) of the 2000 Public Works Pay Schedule, effective Official Proceedings Of the City Council September 19, 2000 Page 12 September 25, 2000, and subject to a successful pre - employment physical and background check. (Motion carried under the consent Agenda.) Gregg Voxland presented Quest's (U.S. West) request for an easement at 10th Avenue and Spencer Street. This easement was requested to be on City property at 10 and Spencer Street. Specifically the area SPUC uses as a pump house. They are requesting a10 x 30 -foot easement to house new cabinets and new upgraded equipment. SPUC has no objections because there is still space for a new well and City staff has no objections but it is a policy decision. Does the City want to start leasing public property to private companies? This is not in a right -of -way. Quest is willing to pay $1500.00 (a one time payment) for the easement. This is not a lease it is an easement. Sweeney/Morke moved to approve the easement to Quest (USWest) on the comer of 10 and Spencer. Motion failed unanimously. Cncl. Sweeney brought up citizens concerns regarding K -Mart. Mr. Leek approached the podium and said he was in the process of gathering information regarding possible CUP violations and he had requested further information from Continental Properties regarding K -Mart lighting and still had not received this information. Morke/Link moved to adjourn. The motion carried unanimously. The meeting adjourned at 10:45 p.m. W, 1?6 udith S. Cox City Clerk Carole Hedlund Recording Secretary O C0tvSLNT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director i RE: City Bill List DATE: November 16, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 11/16/2000. Also 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 $302,232.67. The actual net expense amount is $346,498.50. Note: Included in the bill list is a payment to Metro Lawn Sprinklers in the amount of $9,000 for installation of a system in Lions Park. The Lions ordered the work done anticipating using money previously given to the City - mainly gambling proceeds. The City has held that money in the escrow fund. Council has historically used the money to according the donors wishes. The bill was sent to the City. The problem is that the money is the city's once it is received. The purchase was not authorized by Council and staff does not know if more than one quote was obtained. Action Requested Move to approve the bills in the amount of $648,731.17. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11116100 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 2,100 70,632 88 12 CITY ADMINISTRATOR 249,600 10,763 241,496 97 13 CITY CLERK 219,290 12,135 154,328 70 IS FINANCE 429,990 10,964 368,575 86 16 LEGAL COUNSEL 298,500 12,056 311,549 104 17 COMMUNITY DEVELOPMENT 574,780 11,718 501,949 87 18 GENERAL GOVERNMENT BUILDINGS 253,940 6,705 190,645 75 31 POLICE 2,173,740 69,105 1,709,852 79 32 FIRE 705,840 2,778 630 89 33 INSPECTION-BLDG-PLMBG-HTG 428,070 17,969 409,070 96 41 ENGINEERING 541,650 19,409 594,573 110 42 STREET MAINTENANCE 904,850 13,447 594,898 66 44 SHOP 156,240 5,658 122,661 79 46 PARK MAINTENANCE 535,430 13,584 457,799 85 91 UNALLOCATED 557,010 2,017 620,386 111 TOTAL GENERAL FUND 8,108,960 210,408 6,979,254 86 17 COMMUNITY DEVELOPMENT 509,990 24,818 333,616 65 TOTAL TRANSIT 509,990 24,818 333,616 65 19 EDA 247,380 2,513 120,642 49 TOTAL EDA 247,380 2,513 120,642 49 a� I tJt I ( 1 04 al a, a a, aa1 aaa a a, a aaaaa xxxxxxxx x xxx x H H H H H H H H H H H 00000000 0 000 0 O � I � a I w I O 0 CQ 1 O a X I O 1 7 I N z I 1 � I z z 1 I wlo O o H UIO 0 0 H I O 0 Ln Ln C) -A O r) -4 LO W L- 00000000 0 0 0 I N N wl0 W d d N W d dI d It 00000000 O UlH0 I co m � Wd' vat Nwwmmm Nc0 H mdIM O I > oo 'a r-1 r-I ID%Dw > Ln oD LD LDW WW NNNNNNNN M W NO r-i H I 0 0 riri 000 0 w C- 000o0 00000000 O Hd co I Z d z I r- OOO z d d OOOOO HHHHHHHH H Hr-1H N I lD c0 C Ln O ri H r♦ r O t0 H H ri H H ri ri H ri ri r1 r r H 000 M E-I I co r oD co M aD OO O N r- NNNNN NNNNNNNN ri r-I 141-4 M za I H H ri ML- r-4Hri H M ri MMMMM MMMMMMMM N mmm d p w I N N N '4 M N N N d d N d d d V d d d d d d d d d d W C1 V d 0 (Q I I I I I I I I I I I 1 I I I 1 1 I I I 1 I 1 1 1 1 4 1 1 I U I N N N ri O N N N LO Ln N ri Ln H ri ri H ri H M ri H ri ri r{ d H N ri ri H ri riH r-I 14 1-4 N N H ri (N U) In LL1 m HM Ln Nr- N Ln LO c0 c0 m FI; I m m m El- CI- m0)m c0 O a\ MoD�r- r riMd HHr -iri r- rHri H t 0 O O O a) 0 0 0 a% m O 0 a% 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O 1 I I I I I w w w ri U U U O >. 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H H d H O x U W x U W H q x U W x v O z x U w x U 10 10 10 1D 10 10 10 10 10 10 10 10 10 10 l0 10 r-A 1-4 1-4 -4 1-41-4 H 1-1 -4 1-I r-L r4 \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ H H ri r H r-I H H H r-1 ri r-1 H H H H r ri c H r H H r-I ri H H H H H 1-i ri \ \\ \ \ \ \ \ \ \ \ \ \ \\ \ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0000000000000 O N N N N N N N N N N N N N N N N O1 H N 0 r-1 H A d A d1 A d A 1 r- r- * r* v 110 v I'D v %.D v H 04 0 O O O N O z fx x U W x U a H U z z O U O O co Ln O Ln l0 Ln d' N Ln N di M OJ C- d' OJ M O Ln co N M N m d' W H O H . . . . . . . . . . . . . . . . C- N d' lfl O d' m C- Ln N LO W M � Ln d O 1 10 C- d' O 1.0 11 C- m N M h N r M O N � N N r- M ;I m m C` I- M N O co 1 d' C C' N O c0 O OJ C- (N N V)- Z/} Ln Lfl V)- V/l N V).- l0 d Q W z U .7 >1 �-i P: F H H O H H G. H H a a z z H H x rrl, > > w w R W z H Q �w w a C4 w w� 9 w� � w a X X O O M w z z Q FT W. CTI H O .D m H P., Pa }4 P: rs, H O a H H W a Ln x x P,' Q HP: 9 H H P: Q,' m H H 4 W 9 H 3 f x W m H -- H X to W W O W rT, x H W w m H P: 'a ol 04 P, rn M z O U U w (71 w O P: Q FC r� m rn rn H W W 3 al L7 Cz H W P U w m P: P: m W .-i N dl In O c -i I- Q) N O O O O Ln O O H H 1-4 N N M dl Ln ri M d' Ln N It O .-i I-i H d' W d' d' It C- C� t- m co Sk k t *k *k k k k 41 4# z z z z z z z z z z z z z z z z z z z z z z z z z� z z�:) �:) rr rtl rX4 r=1 F rtl r=1 F w r?I r 4 D:4 DA D:4 D4 N a CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from CSAH 17 To Miller Street, Project No. 1999 -5 DATE: November 21, 2000 �ZI]ZlrtJl Il ulle Attached is Resolution No. 5445, a resolution which adopts the assessments for the above referenced project. .: �1ZlIZ�111►1:1 This project has been essentially completed and all project costs identified. The final costs are $457,645.91, which consists of construction costs, gas mail relocation and engineering/administration costs. A breakdown of the project costs is as follows: Vierling Drive $382,225.92 Assessments City Cost $ 75,419.99 CIF TOTAL PROJECT COSTS $457,645.91 The City's cost within this project is for 50% bituminous overlay, gas main relocation for the right turn lane on Vierling Drive to the site and relocation of the traffic control signal system, as per the feasibility report and staff recommendation. With this project, bids were on April 12, 2000 and revised estimated assessments were mailed to the property owners as per the attached letter and assessment summary. The project costs were higher from the feasibility report due to the higher bid prices than estimated, underestimation of some quantities and additional work determined during the design phase than previously estimated in the feasibility report. The rebidding of the project on April 12, 2000 did reduce the project cost by $120,000.00 from an earlier bid on August 16, 1999. The project was awarded this past spring to complete the transportation improvements along Vierling Drive to serve the commercial developments east of CSAH 17. The City's policy is to assess transportation improvements to commercial properties on an area basis. The assessments sent out to the property owners were based on the area of commercial property benefited. After the notices were sent, staff discovered the areas for the Vierling Plaza parcels were different than in the feasibility report. Also, the City has a developer's agreement with a petition for the improvements with language that the City is to assess the project as per the percentages included in the feasibility report. The attached resolution has the revised assessments based on the percentages set forth in the feasibility report. The adjustments in assessments are relatively minor and staff sends out an adopted assessment notice to the property owners once Council adopts the assessments. Staff will make a presentation on the project costs and assessments at the public hearing. ALTERNATIVES: 1. Adopt Resolution No. 5445. 2. Deny Resolution No. 5445. 3. Table Resolution No. 5445. 1, .. Staff recommends Alternative No. 1. Offer Resolution No. 5445, A Resolution Adopting Assessments for Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999 -5 and move its adoption. i&t 4W Bruce Loney Public Works Director BL /pmp MEM5445 SHAKOPEE April 13, 2000 To Whom It May Concern: The City of Shakopee opened bids on April 12, 2000 for the Vierling Drive Improvement Project, from county State Aid Highway (CSAH) 17 to Miller Street; and CSAH 17, from Trunk Highway (T.H.) 169 to St. Francis Avenue. The low bid received was from S.M. Hentges & Sons, Inc. and the amount for the Vierling Drive Project is $302,408.86. Additionally, the City of Shakopee has estimated 30% for Engineering, Administration and contingency costs bringing the total projected cost for the project to be approximately $408,000.00. The feasibility report estimate for this project was $237,912.00 and thus the low bid received is approximately 66% higher. This project had bids received last year of $423,372.85, thus the rebidding over the winter has resulted in a reduction of approximately $120,000.00. This letter is to inform you of the project costs to date and would request a letter from you on whether the project shall proceed. Attached is a proposed assessment summary based on the bids received and is not a final assessment. The City Council will consider awarding the contract to the low bidder on April 18, 2000. If you wish to respond, please mail or fax a letter to Shakopee City Hall at (952)445 -6718 by April 18, 2000. If you have any questions in regard to this request, please feel free to contact me at Shakopee City Hall. Sincerely, ruce Loney, Public Works irector BL /pmp COSTS COMMUNTTY PRIDE SINCE 1857 129 Holmes Street South - Shakopee, Minnesota - 55379 -1351 • 612 -445 -3650 - FAX 612 -445 -6718 APR -13 -2000 1035 61S 8 ASSOCIATES INC. P Drive - CSAH 1 7 to MWer Street Cost/Assessment Summary 7635411700 P.04i08 F.�wPW rAjt73-t00wjaijnt4=- =r-wpd 0. 3-5 MEJ ;� :i1 I - .. _ - - - r .:`•.t.r' t:wra,� -2, F r ;� _ .- .11:k....,- _ New pTg� �p - •_; ,. .; •i..:. / ;; , ; �.:.`. �( ;�'..::::: -::a ; � �: ,;r ,.: i:i. -� :: : y}� r 1.' 'i h��iiic{FVh�;_ - 'r ®u. ��p CS111fPltl•' . tiSSESS!)JfAt c � �r,.��. . .'Sl'Y�7Y" -.i:. 27- 907015 -1 27-907015-1 Rcnder/Banks Limited Section 7 Tl 15 R22 NE 1/4 SE 17.15 $162,301.04 5287,861.07 partnerships Property 1/4 Lying S of CL of Vicrling (74.8 0 /6) 5120 Edina Industrial Blvd Dr. Ex Hwy. Edina MN 55435 1.86 $17,575.38 531,172.12 27- 177001 -0 First National Bank of Chaska Lot 1 Block 1 Ex 343.12' 301 Chestnut Street Parkview I" Addition (8.1 %) Chaska MN 55318 Dalles Properties Lot 2 Block 1 0.68 56,509.40 $11,545.23 27- 177002 -0 606 Barrington Drive Parkview 1' Addition (3.0 %) Shakopee MN 55379 27- 177001 -1 Shakopee Valley LLC N 343. 1T of Lot 1 Block 1 1.83 517,358.40 530,787.28 % Central Group Co PwWew I" Addition 2700 in Street N St Cloud MN 56303 Amcon Shakopee LLC Lot 1 Block 2 1.39 $13,235.78 1 523,475.30 27- 177018 -0 208 Hwy 13 West Parkview I" Addition Burnsville MN 55337 Tara! 1291 5216,980.00 5384,841.00 F.�wPW rAjt73-t00wjaijnt4=- =r-wpd A Resolution Adopting Assessments For Vierling Drive, From County State Aid Hig 17 To Miller Street Project No. 1999 -5 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Vierling Drive, from County State Aid Highway 17 to Miller Street by street widening, bituminous paving, concrete medians, concrete curb & gutter, storm sewer, street lighting, sidewalk, bituminous trail and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIRE CITY OF HI 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2001 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk r N N tG N V N V N V N V N V N V D 0o 00 V V V V U) CO O O N O O O O WO m t o N 00 U, P1. � W C31 P O) O CJ, V N CO O O r m Z O cn OD A V 00 V 00 O V W O M cn ;u 0 G) cn cn cn cn cn cn cn o W m < zoz D m 0 z z 0 0 rmD m m N 0 DmD O N O D p D O O D X_ m x 0Xm z ° - mom DmD A D D O o Z D m m m m m m z Z Z Wom m z z�;> c — G7 cn C r - D ° -< O cn 0 cn —I r CA) L7 r C - n m w w w Cn m CC) — I Do M Z z can O D c r z < D z C, 0 n z Ill co C-0 4�,. z NJ D O m %o n � = 0 N co kJ y D Cl) (n > 'n o G7 m D = Z r m j D C7 �1 r .-. D cn cn < r m0 <r m0 -or DO mr DO �r DO mmr XDO N M C7 cn -I X --q ;0 -i ;a ; - i z ;u r- cn N z � zW � � N -' � G m moo mm mW CA) > z N ® ® Z r D N r D tv i --q � --I � 0U) -1 am m � Al / — � i d Q. U) D D 0 0 0 0 - O O z z z z —i O z r r r m X D 0 (n N U, N N W O Co N X ° o O o ° 00 o ° W ° O m D TT N m q 4A 6s -Ge , D U) CO 00 07 P N O W -� WO WO m t o _N N N to 00 U, P1. O U, O W C31 P O) O CJ, V N CO O O r m Z �p N cn OD A V 00 V 00 O V W O 11/20/00 15:38 FAX 12625025522 ra(iird:d(si CONTINEN Alt OPER S COMPANY-INC- November 20, 2000 Judith S. Cox, City Clerk Jon Brekke, Mayor City Council Members CITY OF SHAKOPEE 129 Homes Street South Shakopee, MN 55370 -1351 Re: Objection to Proposed Assessment Project No. 1999 -5 (Vierling Drive, from CSAH 17 to Miller Street) PID # 27- 278001 -0 Dear Ms Cox, Mayor Brekke and City Council Members: ; 1 0 0 0 �s Please take notice that Continental 95 Fund LLC ( "ContinentaT), as an affected property owner of the above identified tax parcel, hereby files its written objection to the assessment in the amount of $201,050.84 proposed to be levied against PID 427- 278001-0 (Lot 1, Block 1, Vierling Plaza) by the City of Shakopee ("City") for Improvement Project No. 1999-5 (the "Project'). Continental files this objection in accordance with Minnesota law and pursuant to the directions contained in the City's Notice of Hearing on Proposed Assessment dated- November 2, 2000. ' Continental's objections include the following: L The assessments for the Project are illegal. 2. The petition process followed by the City and/or its agents violated due Process as guaranteed by both 'the United States Constitution and the Minnesota Constitution. The purported agreement of the petitioner to initiate the petition process for the Project was procured by the City on the basis of false representations, false pretenses, and/or material omissions, each of which give rise to claims in favor of Continental and against the City for, among other things, negligent or intentional misrepresentation, fraud, promissory estoppel, breach of contract, estoppel and/or waiver. Moreover, because the City has substantially and materially changed both the nature and the scope of the Project from that originally described in the feasibility report dated May 18, 1999, as amended on June 15, 1999, the purported waiver of assessment rights contained in the public- improvement petition was procured by negligence, misrepresentation, or fraud on the part of the City or its agents and, accordingly, the purported. waiver is mull, void and without legal effect. Specifically, Continental has identified at least $167,379 in total increased costs attributable to either project additions or changes in scope from that described in the original feasibility report for the projeet.I The excess costs are d:escnbed in acost- comparison chart prepared by Continental and attached hereto_ Excess costs totaling $ 96,107.82 attributable to changes in project scope are set forth in the final column. Another $71,271.50 in project costs from project additions not included in the original project scope are described in the second -to -last column. \\PLATINUM\TYPISMan M\1 12000 c95 judith cox_doc WI33 N8569 Executive ]Parkway, P.O. Box 220 • Mcnomnnee Falls, WI 53052 < Telephone 262502.5500 - FxK 262.502.5522 11/20/00 15:39 FAX 12625025522 CONTINENTAL. PROPERTIES TA # ih .a: 4. The assessment is invalid as a matter of law because the special benefit conferred collectively on all of the affected properties is outweighed by the project cost. 5. The assessment is also invalid as a matter of law because the increase in the fair market value of Continental's property from the Project, if any, is in an amount less than the proposed assessment. 6. In making and levying the assessment for the Project, the City has failed to comply with all necessary requirements established by Minnesota Statutes, Chapter 429. 7_ The Project replaces existing public improvements that were already in place in the project area and, therefore, the Project was unnecessary. Alternatively, both the nature and scope of the work performed under the auspices of the Project was excessive. - S. The City's actions and processes in procuring the public - improvement petition, approving the Project, administering the Project and adopting the assessment have been arbitrary, capricious, unreasonable and unconstitutional. On the basis of the foregoing objections, Continental respectfully requests the City Council to deny proposed Resolution No. 5445. Sincerely, CONTINENTAL PROPERTIES COMPANY, INC- Daniel J. Minahan Executive Vice President DJM: of Enclosure cc: James J. Thomson, Jr., City Attorney It should be noted that the increased costs reflected in our cost - comparison chart are admittedly lowci than the actual costs. We based our coinpasi5on on the May 2000 bid tabulation provided by the City. The bid tab reflected total project costs of $364.600. Although we have asked the City to provide us with a summary of the actual costs on several occasions, none has been furnished. The actual total proicct costs project costs reflected in the staff report total $457.645.91, a sum significantly higher than the bid -tab total used in our cost - comparison analysis_ \\PLATINUM\TYPIST\])an MU 12000 c95 judith cox.doc W133 N8569 Executive Parkway, P.O.13aN 220 a Menomonee Falls, WI 53032 . 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W W l L tD f Ql V iOO.O 4l AmtC iD tJNm 1 _ 0000. , O , p H88888$88 $8$!S 88888888888458 88888888888888$88888 SBSS $ 7 N • O N N M 4 0 M N N• 8 N M N N N N V l M V l N N N N 1 N N 'A NNN OA V/ N N N N N N N V 1 N! 11 N V i N N N 41 V l N N N N N N N N m D n ( ®. tT (N� QJ V CA Q iS4�1� pa OppA ® O p OAUOI N S Pj�in JO � irU 0 0 N O 8 0 AJ OI II ( i��4s m a000 C 00 W imp Oa O O O S B O B O B B S B S N Al S S O B O O B O O S B B S S 0 8 o O g O S O i S B 88 O S O g O N N N N N N N N Z N CA N N N N N' O N 7 0 © ° O N N 8 O O S O O O N N N O O S O S NNN N �n N N N ill N N N N N N N N N M N to N( 1 i R 4A N V l (A N N N N N N ^ r�l p� p py� R. a f.> Qf i��i 4p ^� (P N m •1 � i4�1 mom• X01 0 4N1 �v a-' N® tD J OON O �i S m A s �f+. i�� OOrn tU.a iVp a O d+N 0 N ® v S m Y 01Y 010E '4n , Or S lD 000 OS O S O i�O OHO S 4 v 8 $ S S S S O S' $ O S 0 8 S S 3 � Fi al ,M � -4 • 0 0 tl1 V, 0 .j 8 ° -r 4 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for CSAH 17, from T.H. 169 to St. Francis Avenue, Project No. 1999 -7 DATE: November 21, 2000 Attached is Resolution No. 5446, a resolution which adopts the assessments for the above referenced project. • 1; This project has been essentially completed and all project costs identified. The final costs are $1,247,998.79, which consists of construction costs and engineering /administration costs. A breakdown of the project costs is as follows: I DESCRIPTION AMOUNT FUNDING SOURCE CSAH 17 $822,866.36 Assessments City Cost $207,288.35 CIF County Cost $217,844.08 County Funds TOTAL PROJECT COSTS $1,247,998.79 This project was to widen to a four lane divided roadway with dual left turn lanes at CSAH 17 and 17' Avenue and a traffic control signal at that intersection. The City's costs within this project are for concrete curb & gutter, storm sewer, bituminous trail and traffic control signal, per the feasibility report and County Cost Participation Policy. The County is also participating in this project as per County policy and Cooperative Agreement between the City and County. The County did agree to participate in the traffic control signal, storm sewer and roadway widening costs and the County has moved the funding up this year for this project so the City can be reimbursed this year. The cost of providing turn lanes along CSAH 17 was assessed to the commercial benefiting properties. Those properties were the plats of Shakopee Valley Marketplace, Shakopee Valley Marketplace West and St. Francis Regional Medical Center. A separate right turn lane was added and assessed to Betaseed, Inc. after the public hearing was conducted. All commercial properties signed a waiver of assessment appeal except for St. Francis Regional Medical Center. The final assessment amount of $822,866.36 is 5.9% over the feasibility estimate. Staff will make a presentation on the project costs and assessments at the public hearing ALTERNATIVES: 1. Adopt Resolution No. 5446. 2. Deny Resolution No. 5446. 3. Table Resolution No. 5446. • 1 I Lu Staff recommends Alternative No. 1. Offer Resolution No. 5446, A Resolution Adopting Assessments for County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue, Project No. 1999 -7 and move its adoption. / N Bruce Loney Public Works Director BL /pmp MEM WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue by sanitary sewer, watermain, storm sewer, street widening, turn lanes, concrete median, concrete curb & gutter, concrete sidewalk, bituminous trail, street lighting and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL F TEE CITY OF SHAKOPEE, S ®TA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2001 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 2 2000. Mayor of the City of Shakopee City Clerk N N N N V N V N V N V N V N V O 00 co co co OD OD OD co 00 O co CD 4� 00 O 00 O 00 O O 00 O O Cl O O O O O O O O O A w 1 1 1 O O O O p O O = m ��� ��T z ��T z - Zv_< -4D Z - 4 -I� z m` - zm` =�� D-4 z L z Z 1 ` z 1 L Z Z Z Z 4 Z 1 Z 1 DDcnm nm= - 1 mor -�o� m0�' -ion mor -low mn0 D0Z mn0 >pZ mor OOK mor --1 O H ODD m�Z m - ii G) r ZZ r r p 2 p 2 r r m x C? y z co D c o T z D D Cn — cn � - T Z D W T Z D D rn z cn D co c z E r cn z D z f n z Y z z --1 z -I Z C7 0 cn G7 cp D < -I < Z -I G Z -i G r r cn < Cn '� w D O g w w "0 w -p � r 0 � r O w w c< Z Z -p p cn o O cn C -i D r m ;0 cn N O N -0 O cn m cn = K Z u m D D m m O m 0 0 0 0 O 0 z 0 0 cn r =p cn r- m Cl) r- =O cn r- =O rcnr =O rcnr :� =O rCnr 20 rcnr m m X D D D D-{ z D Z D -I zD--I r rn -i 00) O� O� Ow G)pN — 0 �pN — 0 Op Op zD 1 Vco - 0 co - 0 -oW zmoo zrnao zma OZ Coo m� m� m� m7 �m7 apm7 �m7 C, mZ Cn2T D D D 1 D 1 O 1 Yi D 1 D —' D 1 D 1 r —' cn r —' 1 cn r m 1 r cn r m r r r r r r r r N r N r m N N r N r N � � -� N m -I r 0 n X :U ZJ :U Z7 �7 ;TJ Z7 O D m m m m m m m m Z --i —I —I - —+ c cn O z ro n n n n n n m n m n m m m m m m D W N W N W N co W� co? V? w z X V O C7 0 V O a A O O a W V O j)) -4 O CO co a o D m D a W o cwn o Co O m 4 69 69 - D cn cn 1 m N A N U7 N ? 1 CD CD O cn O i !n co O P co 4:.. W V W V CO Cn w O m N 1 C Z V 1 O w 1 W O N N ? O d1 07 1 co r r; •+ cn rr 1 cn � » k �.c CITY OF SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer Tracy Coenen, Management Assistant SUBJECT: Assessment Hearing on Delinquent Garbage/Recycling Bills From Waste Management, Inc. DATE: November 21, 2000 The Council is asked to consider a resolution that would allow the County to assess property owners on taxes payable 2001 for unpaid refuse and recycling services from the City's designated garbage hauler, Waste Management, Inc. I. t ' 1 1' In previous action, the City Council has authorized City participation in the collection of delinquent garbage accounts in the City's designated "organized" collection area. By doing this, it eliminated the need to stop service to the accounts, which could lead to a higher incidence of illegal dumping. Ordinance 583 was passed on October 17, 2000 which amended section 3.15, subdivision 7 of the City Code and obligated the property owners to pay the charges and costs for the collection and disposal of refuse and recyclable materials. Waste Management has provided the City with a list of delinquent accounts, of which there are approximately 250. Of that, they have concentrated on those who owe more than $100, of which we estimate there are 150. Some of these delinquent charges are nearly three years old. Several accounts are those of landlords of rental properties, who had not been notified that their tenants were behind in their payments. However, for the City to be involved in collection activities, there is no alternative but to assess the property. Landlords have been told that they must make arrangements for payment with WMI, and subsequently make private arrangements for collection from their tenants. 1 L Since the City has become involved in the process, Waste Management has recovered $12,045.99 of the $28,570.01. Residents have until December 21, 2000 to pay their Waste Management, Inc. bill without receiving an assessment from the County on their property tax bill. Attached is a listing of Shakopee residents who have either 1) not paid or 2) not paid in full their delinquent garbage bill to Waste Management, Inc. Staff recommends that the City adopt the attached resolution, allowing the County to assess the delinquent costs for refuse and recycling collection based on the details listed above. Adopt resolution No. 5447 to allow the County to assess the delinquent costs for refuse and recycling collection services from Waste Management, Inc. A Resolution Adopting Assessments WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of Delinquent Garbage/Recycling Bills NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 0 • MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be delinquent. 2. That there will be added to the past due amount a 10% penalty for non - payment if the amount is not paid within 30 days from the date adopted. This penalty will not be charged if the delinquent amount is paid to Waste Management, Inc. on or before December 21, 2000. 3. Such assessments and penalty shall be payable in one installment, payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 6.00 percent per annum from the date of the adoption of this assessment resolution. To the one installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2001. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by December 21, 2000; the owner may thereafter pay to the County Treasurer the installment and penalty in process of collection on the current tax list. 5. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify to the County Auditor the total amount of the installment and penalty on assessments on each parcel of land which are to become due next year. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 2000. Mayor of the City of Shakopee City Clerk N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ......... N N ..... N .............. N ... N N ......... N N N N ... 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Cox, City Clerk SUBJECT: 2001 Currency Exchange Licenses DATE: November 16, 2000 INTRODUCTION AND BACKGROUND The City Council is asked to consider applications for renewal of a currency exchange license for: Madison Financial Companies dba/Money Xchange; DRM LLC of Shakopee dba/Excel Pawn; Chex Services, Inc. dba/Fastfunds; and Checks Cashed of America, LLC dba/Money Xchange. You may remember that the City has previously approved licenses for these applicants. The licenses are ultimately issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicants have provided the State with the required $10,000 Currency Exchange Surety Bond. The Chief of Police has advised me that he is unaware of any reason for the City of Shakopee to object to the granting of a currency exchange license to these applicants. 2. 3. Q Offer Resolution No. 5449, A Resolution Approving the Application of Madison Financial Companies dba/Money Xchange for a Currency Exchange License at 1147 Canterbury Road, and move its adoption. Offer Resolution No. 5450, A Resolution Approving the Application of DRM LLC of Shakopee dba/Excel Pawn for a Currency Exchange License at 450 West First Avenue, and move its adoption. Offer Resolution No. 5451, A Resolution Approving the Application of Chex Services, Inc. dba/Fastfunds for a Currency Exchange License at 1100 Canterbury Road, and move its adoption. Offer Resolution No. 5452, A Resolution Approving the Appl America, LLC dba/Money Xchange for a Currency Exchange Drive East, and move its adoption. JSCJS ijeanette/licenses /currency.res r, r A i C, A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING I APPLICATION OF •D • N FINANCIAL COMPA dba/MONEY XCHANGE FOR A CURRENCY EXCHANGE LICENSE CANTERBURY AT 1147 ROAD WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to approve or disapprove a proposed currency exchange license; and WHEREAS, Madison Financial Companies dba/Money Xchange applied for a currency exchange license for a location at 1147 Canterbury Road; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City approves the granting of a currency exchange license to Madison Financial Companies dba/Money Xchange at its location at 1147 Canterbury Road. Adopted in Adj. Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21st day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5450 WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to approve or disapprove a proposed currency exchange license; and WHEREAS, DRM LLC of Shakopee dba/Excel Pawn applied for a currency exchange license for a location at 450 West First Avenue; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City approves the granting of a currency exchange license to DRM LLC of Shakopee dba/Excel Pawn at its location at 450 West First Avenue. Adopted in Adj. Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21st day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5451 • • • • I N • • • 11 a a 9 • i WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to approve or disapprove a proposed currency exchange license; and WHEREAS, Chex Services, Inc. dba/Fastfunds applied for a currency exchange license for a location at 1100 Canterbury Road; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, RESOLVED BY THE CITY COUNCIL OF 1 OF SHAKOPEE, MINNESOTA, That the City approves the granting of a currency exchange license to Chex Services, Inc. dba/Fastfunds at its location at 1100 Canterbury Road. Adopted in Adj. Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21' day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5452 WHEREAS, in 1992 Minnesota Statute Section 53A.04 was amended to require a City to approve or disapprove a proposed currency exchange license; and WHEREAS, Checks Cashed of America, LLC dba/Money Xchange applied for a currency exchange license for a location at 1116 Vierling Drive East; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City approves the granting of a currency exchange license to Checks Cashed of America, LLC dba/Money Xchange at its location at 1116 Vierling Drive East. Adopted in Adj. Regular Session of the City Council of the City of Shakopee, Minnesota, held this 21 st day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk MY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Applications for Taxicab and Taxicab Driver's License DATE: November 16, 2000 INTRODUCTION City Council is asked to hold a public hearing on applications from Oscar J. Salas for a taxicab license and for a taxicab driver's license. BACKGROUND Mr. Salas has applied for a taxicab license and for a taxicab driver's license to operate within the City of Shakopee. He plans on operating only one vehicle to start with. He is not licensed in another community so does not qualify for the exception from obtaining a license as provided for in the city code. The required notice of application has been published in the City's official newspaper. The police department is in the process of conducting the required background investigation and it is expected to complete for the December 5 Council meeting. The public hearing should be opened and comments received from anyone in the audience and then continued to December 5 The applicant will be in attendance at the December 5 meeting. RECOMMENDED ACTION Open the public hearing on the application from Oscar J. Salas for a taxicab and taxicab driver's license, take comments from the audience, and continue the hearing to December 5, 2000. Judith S. Cox O: R. Michael Leek, Community Development Director Proposed Text Amendment to Require Trees and Sod for Single - Family Detached Housing MEETING DATE: November 6, 2000 DISCUSSION: At its November 6 Council meeting staff was directed to prepare a revised ordinance for Council consideration on the consent agenda. The two changes proposed were 1) addition of coniferous trees, and 2) requiring the placement of 4 inches of topsoil on site before the placement /planting of landscape materials. The attached draft ordinance incorporates those changes. ALTERNATIVES: 1. Approve the text amendment as presented. 2. Approve the text amendment with revisions. 3. Do not approve any text amendment. 4. Table action on this item to allow staff to provide additional information. Offer the attached ordinance no. 582, amending City Code Sec. 11.60 by adding landscape requirements for single - family uses in certain districts, and move its adoption. G' R Michael Leek Community Development Director g: \cc\2000\nov21 \txtamtrees. do c ORDINANCE NO. 582, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CODE , 1 BY ADDING 1 ' REQUIREMENTS FOR ZONING DISTRICTS WHEREAS, the City Council has determined that it is desirable to require the provision of landscaping in connection with single- family uses within the City of Shakopee; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 19, 2000, at which time all persons present were given an opportunity to be heard; and WHEREAS, the City Council heard the matter at its meeting of November 6, 2000. NOW THEREFORE, The City Council of the City of Shakopee, Minnesota hereby ordains as follows: Section 1 - That City Code Sec. 11.60, Subd. 8 is hereby amended by adding the following provision; Add a new A For all single- family residential uses in the RI-A, R -1B, R -1C and Planned Residential District the following landscaping materials shall be provided prior to the issuance of a final certificate of occupancy 1) placement of at least four (4) inches of topsoil 2) one (1) overstoU /shade deciduous tree or coniferous tree meeting the size requirements of Sec. 11.60 Subd. 8.D. shall be planted in the front yard 2) sod shall be placed in the front yard, and 3) the side yards and rear yard shall be seeded. Re -letter subsequent provisions as required. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in Minnesota, held this day of Attest: Judith S. Cox, City Clerk session of the City Council of the City of Shakopee, 2000. Mayor of the City of Shakopee Published in the Shakopee Valley News on the day of )2000. IS - 1 19, 2 1 - H. , Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Revised Alternative Urban Area Wide Review (AUAR) for Proposed Shakopee Crossings MEETING DATE: November 21, 2000 Introduction: The revised (or final) AUAR was circulated for the required ten -day review period. The City received one objection to the revised AUAR from the Metropolitan Council. A copy of this objection is attached for the Council's information. Staff has been working with Metropolitan Council staff to resolve the specific objections raised in the letter. At the time this report was written, staff was still attempting to determine whether the final objections had been adequately answered. In the event that they have been, the City Council is provided with Resolution No. 5453. A copy of specific changes that Council will be asked to direct making to the AUAR will follow. No other letters were received in connection with the revised GUAR_ Alternatives: 1. Offer and approve Resolution No. 5453, a resolution adopting the revised AUAR for the proposed Shakopee Crossings Development with revisions as agreed to by Metropolitan Council staff. A follow -up action should be to direct staff to provide copies of the revised document to reviewing agencies for their files. 2. In the event that the final objections have not been resolved, table the item for future consideration. J. Action Requested: Offer and approve Resolution No. 5453, a resolution adopting the revised AUAR for the proposed Shakopee Crossings project with revisions. R. Michael Leek Community Development Director a o xamum Metropolitan Council Working for the Region, Planning for the Future November 6, 2000 R. Michael Leek Community Development Director City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: Shakopee Crossings Alternative Urban Areawide Review (AUAR) Metropolitan Council District 5 (Phil Riveness, 952 -841 -9827) Referral File No. 18241 -3 Dear Mr. Leek: Metropolitan Council staff reviewed the Revised Shakopee Crossings AUAR received by the Council on October 24, 2000 to determine its adequacy and accuracy in addressing regional concerns and comments provided to the City of Shakopee on its draft AUAR on June 7, 2000. The proposal is for commercial and multiple- family residential development on 315 acres, located on both sides of CSAH 18 south of STH 169 in Shakopee. Construction would occur in five phases and is expected to be completed in 2006. Staff review has concluded that the Revised AUAR does not address most of the points raised in our previous letter. The revised AUAR is incomplete in terms of water quality, traffic flow data (ADT) and other environmental impacts. It is inaccurate with respect to permits and approvals for comprehensive plan amendments and MUSA approvals. Data contained in the carbon monoxide tables needs to be clarified. By this letter, the Council files a formal objection to the revised AUAR as provided in Mirmesota Rules part 4410.3610, Subpart 5. Council staff will be available immediately to enter into negotiations with the City of Shakopee (the RGU) to amend the AUAR to address the missing and inaccurate information noted below. Item 8 -- Permits and Approvals The AUAR notes that the city will have to amend its plan and zoning ordinance to accommodate the project, but does not indicate that the plan amendment must be sent to the Council for review, although there is mention of the need for Council approval in Item 28 Compatibility with Plans (page 48). The Shakopee MUSA addition (Referral File 16807 -1) of 554 acres, included all of Valley Green (Referral File 18241 -1) and most, but not all, of the Shakopee Crossing project area. The Shakopee MUSA addition did not extend the MUSA south of Southbridge Parkway east of CSAH 18, south of CSAH 18 (where it turns SE), or on the east side of CSAH 18 south of the southerly edge of Lot 23 extended west of CSAH 18. As a result, a MUSA amendment will be needed for this southerly portion of the project area. The indication on page 7 that the MUSA expansion has been approved for the project is not completely accurate. It would be more accurate to replace the word "(approved)" with an asterisk, and then explain below that part of the project has MUSA, and part does riot. This can be handled either through the city's comprehensive plan update or through a separate amendment, depending on the timing of the project. However, the AUAR should be corrected to show that the comprehensive plan amendment and a MUSA amendment would be needed for the project. 230 East Fifth Street St. Paul. Minnesota 55101 -1626 (651) 602 -1000 Fax 602 -1550 TDD /= 291 -0904 Metro Info Line 602 -1888 An EquaL opportuninj Employer R. Michael Leek November 6, 2000 Page 2 Item 18 -- Water Quality - Surface Water Runoff The AUAR should identify the ultimate receiving waters for runoff from the site. Specifically, the AUAR should state whether runoff from any of the drainage outlets would enter Eagle Creek, a designated trout stream. If runoff from the project will enter Eagle Creek, an analysis of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population (and other species of concern) must be included. Item 22 -- Traffic The AUAR does not include figures for average daily traffic (ADT) flows in the traffic analysis section, and Table 8 (page 39) appears to be a copy of Table 7 (page 38). The AUAR should be amended to include ADT and to correct one of the tables. Item 31 -- Other Potential Environmental Impacts The AUAR should evaluate the impacts of the proposed project on ground water recharge and movement, especially as it affects Boiling Springs and Eagle Creek. This concludes the Council's review of the AUAR. The Council will take no formal action on the AUAR. If you have any questions or concerns, please contact James Uttley, AICP, principal reviewer, at 651- 602 -1361. Sincerely, kku_ Helen Boyer Director, Environmental Services cc: Gregg Downing, Environmental Review Program, MN Planning Environmental Quality Board Steven Soltau, Shakopee Crossings LP Mark McNeill, City Administrator, City of Shakopee Phil Riveness, Metropolitan Council District 5 Keith Buttleman, Director, MCES Environmental Planning and Evaluation Department Eli Cooper, Director, MC Planning and Growth Management Richard E. Thompson, Supervisor, Comprehensive Planning Joe Mulcahy, MCES Environmental Planning & Evaluation Department Mark Filipi, AICP, Transportation and Transit Development Thomas Caswell, Sector Representative, Planning and Growth Management Department James Uttley, AICP, Principal Reviewer, Planning and Growth Management Department V:\ library\ commundv \referral\letters \001etters \Shakopee AUAR 18241 -3.doc RESOLUTION NO. 5453 Bil W I 1 C II WHEREAS, the Shakopee City Council directed the preparation of an AUAR for the subject property; and WHEREAS, a revised alternative urban area wide review (AUAR) has been prepared which includes responses to comments received in connection with the draft AUAR, as well as a mitigation plan; and WHEREAS, an objection to the revised AUAR was received from the Metropolitan Council, and the objection satisfactorily answered by the City; and WHEREAS, the revised AUAR is an informational document that will assist the City of Shakopee in guiding development of the subject area. NOW, THEREFORE, E IT RESOLVED, the City Council of the City of Shakopee hereby adopts the revised AUAR for the proposed Shakopee Crossings project with revisions as agreed to by the Metropolitan Council and outlined by City staff. BE IT FURTHER RESOLVED, that the reviewing agencies be provided with copies of the Revised AUAR with revisions for their files. Adopted by the Shakopee City Council this day of November 2000 Mayor ATTEST: City Clerk 0 1340 to) i- - 0-1111151013M mo •� TO: FROM: SUBJECT: Mayor and City Council Mark McNeill, City Administrator R. Michael Leek, Community Development Director Further Revisions to Shakopee Crossings Revised AUAR to Address Metropolitan Council Objections ME ETING DATE: November 21, 2000 In order to adequately address the objections raised by the Metropolitan Council, the Council is asked to direct that the AUAR be adopted with the following revisions; 1. Item 8 (at page 7) in the revised AUAR be revised as follows; 1. Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required A list of major approvals likely to be required by the anticipated types of development projects should be given. This list will help orient reviewers to the idea that the A UAR process is only one piece of the regulatory framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the A UAR. MN DNR MN Department of Health U.S. Army Corps of Engineers (Individual) CA NIN T Scott County arterials) MOW Water Appropriation Permit Water Main Plan Review Clean Water Act Section 404 Air Emission Facility Permits Indirect Source Permits (ISP) 401 Grading Permit Storm Sewer Permit Sanitary Sewer Permit Wastewater Permit NPDES Permit Drainage Permit Roadway Improvements (minor L17WMJr1XTWAJ11VUMff 1190-M&A-0"J" ITEM 15.A.2 Roadway Access Permits Metropolitan Council Sanitary Sewer Connection Plan MUSA Expansion ed) (,MUSA has been approved for about the northerly 222 acres, but extension of MUSA to the rest of the project site will be required either through the Cilys Comprehensive Plan Update or separate plan amendment) 2. Replace Table 7 on page 38 of the AUAR with Table 23.1 on the attached page. 3. Delete the first full sentence at the top of page 35 of the AUAR, and add to Goal 3 Item 4 at page 3-4 of the mitigation plan the following language, ", including the implementation of signalization as described in Section 22 of this revised AUAR. 4. Add the additional responses developed by WSB to the City's response to the Metropolitan Council found in Section 2 of the revised AUAR. (See attached) Action Requested: Offer and approve Resolution No. 5453, a resolution adopting the revised AUAR for the proposed Shakopee Crossings project with revisions. J R. Michael Leek Community Development Director g: \cc\2000 \cc l 12 1 \AUARrevisions. do c Michael Leek From: Conti, Barbara [barbara.conti @pca.state.mn.us] Sent: Tuesday, November 21, 2000 12:29 PM To: 'mleek @ci.shakopee.mn.us' Subject: FW: Shakopee Crossings - Revised AUAR Michael - The attached e-mail contains several comments from Minnesota Pollution Control Agency staff regarding the final AUAR for Shakopee Crossings. I'm sorry to say that I only realized this morning that I had missed the comment period. Consequently, while we will not send a formal letter, we wanted to forward the comments to you for your information. If you have questions about these comments, please contact Mary Hoffman Lynn, at (651)297 -2331. My apologies for any inconvenience this may cause. Let me know if there is anything else you need from me. Barbara Conti MPCA - Metro District Operations and Planning (651) 296 -6703 > From: Lynn, Mary > Sent: Wednesday, October 25, 2000 8:45 AM > To: Conti, Barbara > Cc: Thompson, Dale; Eyoh, Innocent > Subject: Shakopee Crossings - Revised AUAR > Barbara, > The following are my comments on the above referenced document: > Air quality analysis - > As stated in my comments on the Draft AUAR, the 1 -hour and 8 -hour CO concentrations provided in Table 7 and Table 8 are the same values. The response to this comment references 1 -hour and 8 -hour CO data in an attached Table 23.1 that should replace the tables in the Draft AUAR. This data /attachment was not included in the copy I reviewed. > Parking supply - > MPCA staff notes that the large number of parking spaces (10,434) was used as a worst case scenario and that the city zoning code requires less parking spaces (9,890) based on gross square footage assumptions. > As stated in the Draft AUAR, a proposed Transportation Management Plan (TMP) was prepared for the project that identifies actions to manage site - generated traffic and promote alternatives to the single occupancy vehicle (SOV). The MPCA recognizes the project proposers efforts to develop a TMP and encourages the city and developer to develop and implement travel demand management strategies that promote alternatives to the SOV, thereby reducing the number of parking spaces needed for the development and the local traffic and air quality impacts related to the proposed development. > Mitigation Plan - > On page 3 -5 of the Mitigation Plan under "Protection Strategies: A. Comply with the parameters for Indirect Source Permits (ISP)." The Responsible Parties, responsible for complying with the parameters and rA WSB & ASSOCIATES INC. 350 Westwood Lake Office 8441 Wayzata BOU18VaFd. Minneapolis, MN 5.5426' (C 612 + o ij N FAX 541- 1700 G� G 0 7635411700 P_01/03 B.A. Nfirm6=dr, PE. Bret A. Weiss. P.E. Pew R. Vi Ueab ring. P.E. Donald W. Scema. P.E. Ronald B. Bray, P.E. rganiztttion: & ° Fax No: // Zo Sheet 2 V a c' b 2 M Project o: Comments: Faxed this date at am /m Initials C: F�wrwiptVc�ibt6cc�(e>:- gcn.wpa Minneapolis - St. Cloud .&frasvwcrure Engineers .Plsnsners T`.nt T!T ^ n/'1n'm Tu77" 7 V& Ifni ^VCS November 20, 2000 WSB & ASSOCIATES INC. 8441 Wayzata Boulevard, Suite 350 Minneapolis, MN 55426 Mr. Michael Leek City of Shakopee 129 Holmes Street South Shakopee, MN 55279 B.A. P.E. Bret A. Weiss. FY- Pete R. Wenbring. P.E. D=313 w stelae. P.E. Rcmdd B. Bray, P.B. Re: Response to Metropolitan Council Comments to the Shakopee Crossings AUAR WSB Project No. 1014 -000 Dear Michael: At your request, we have prepared a response to the Metropolitan Council's concerns issued through the Shakopee Crossings AUAR review process. Below, please find the comments as presented by the Metropolitan Council and our response: Comment Item 18 - Water Quality Surface Water Runoff The AUAR should identify the ultimate receiving waters for runoff from the site. Specifically, the AUAR should state whether the runoff from any of the drainage outlets would enter Eagle Creek, a designated trout stream. Runoff from the project will enter Eagle Creek, an analysis of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population (and other species of concern) must be included. Response Storm water from Shakopee Crossings will be conveyed east of County Road 18 and into the Maras Street storm water treatment pond and wetland mitigation site. From there, surface water flows east into the City of Savage. Storm water which passes into the City of Savage will flow south along the Zinran Avenue storm sewer system and into the Minnesota River. Therefore, it is not anticipated that surface water runoff would enter Eagle Creek from Shakopee Crossings. Comment Item 31- Other Potential Environmental Impacts The AUAR should evaluate the impacts of the proposed project on ground water recharge and movement, especially as it affects Boiling Springs and Eagle Creek. M i n n e a p o l i s - St. Claud Yn frastructure Engineen planners EQUAL OPPORTUNITY EMPLOYER F1Nwew12-Ai m<-ornt i2000-=.wpa NW-2o-2000 17 =23 WSB & ASSOCIATES INC. 7635411700 P.03/03 Mr. Michael Leek City of Shakopee November 20, 2000 Page 2 Response We agree with the Metropolitan Council that ground water is an issue for the project area. In our correspondence with the City of Shakopee in 1996, we indicated that outlet pipes in the Shakopee Crossings storm water treatment basins should be placed at an elevation higher than the observed ground water elevation. This would provide reasonable assurances that the project would not adversely impact the Boiling Springs and Eagle Creek areas by providing ground water discharge points through the development's storm water treatment ponds. In our 1996 correspondence, it was recommended that the pond outlet elevations be set at approximately elevation 730. This elevation was in question due to the limited information available on ground water conditions in the area. Metropolitan Council has been contacted and information concerning available ground water resources will be forwarded if they are necessary to be included in the AUAR, but by policy, we would recommend that Shakopee adopt the policy not allowing pond outlet elevations to be installed in this area below that of the observed ground water elevation. With this policy in place, we do not anticipate that this project would cause adverse or irreversible damage to the Eagle Creek, Boiling Springs, or Dean's Lake natural resources. If you have any questions concerning this information, please call me at (763) 277 -5782. Sincerely, WSB & Associates, Inc /. Todd E. Hubmer, P.E. Project Manager c: Brice Loney, City of Shakopee Pete Willenbring, WSB & Associates, Inc. F. \Wpw1II X1014 -=J 12000- nd.wpd TOTAL P.03 conditions of an ISP should be the ISP permittees, in this case, the City of Shakopee and the Developer and/or Property Owner. > Mary Hoffman Lynn > Minnesota Pollution Control Agency (PCA) > Policy and Planning Division > (651)297 -2331 > mary.lynn @pca.state.mn.us > CITY OF SHAKOPEE s Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from Fuller Street to The West Plat Boundary Line of Orchard Park West, Project No. 1998 -3 DATE: November 21, 2000 Attached is Resolution No. 5438, a resolution that adopts the assessments for the above referenced project. I::_ 1 At their November 6, 2000 meeting, City Council held and closed the public hearing for adopting the assessments on the above referenced project. Staff was give direction to meet with the developer of Orchard Park West to discuss the engineering /administration costs on this project. At the November 6, 2000 public hearing, staff informed the City Council that an error had been discovered in the billing of the surveying for this project that amounted to $6,045.00. It was also pointed out to Council that the engineering costs incurred to design and construct this project were considerably higher than would be expected. This was in large part due to the design being performed in metric for State Aid Standards. In meeting with the developer, it was agreed upon that the maximum engineering costs for this project including design, inspection, surveying and supplies should have been 20 %. Based upon this, the assessment roll should be reduced by $30,000.00 in engineering costs plus an additional reduction of $6000.00 for the billing error. This amounts to a total reduction of $36,000.00 in assessments for this project. The interest charges and right -of -way costs were not reduced, only the engineering charges which resulted in a lower overhead rate or_ the engineering staff time on the project. A revised assessment roll has been prepared and is attached for Council review. The $36,000.00 assessment reduction would be paid for with the Capital Improvement Fund. 1. Adopt Resolution No. 5438. 2. Deny Resolution No. 5438. 3. Table Resolution No. 5438. I . Staff recommends Alternative No. 1. Offer Resolution No. 5438 , A Resolution Adopting Assessments for Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West, Project No. 1998 -3 and move its adoption. race Loney Public Works irector sLi MEM5438 14.2000 4 :26PM f f lie Laurent Building 100 South Idler Street, Suite 200 Shakopee, MN 55379 Date: November 14, 2000 To: City of Shakopee Mayor Jon Breld <e City Council LAURENT LAND MENT, INC. • Re: Vierling Drive Special Assessments NO. 244 P.2 /2 (612) Fax: (612) With regard to Project 1998 -3, in the event the City Council should levy total assessments of $340,805.11 or less as the sum total of all assessments, we agree that we will not pursue an appeal of those assessments. Laurent Land Development, Inc. by Gary . it President LAURENT BUILDERS INC Laurent Builders, Inc. by Gary L. L t President • Resolution Adopting Assessments For Vierling Drive, To The West Plat Boundary Line Of Orchard Park West Project 998 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West by grading, paving, curb & gutter, sidewalk, sanitary sewer, watermain, storm sewer and all other appurtenant work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, SOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 2001 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. I. IT- m e Shakopee, Minnesota, held this session of the City Council of the City of day of , 2000. 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Per the attached letter from Gary Shelton, Deputy County Administrator of Scott County, the County would like the 15- minute parking sign in front of 112 Third Avenue removed as it is not needed now because the County owns this building. Staff agrees that the parking sign can be removed and recommends approval of this request. ALTERNATIVES: 1. Direct staff to remove the 15- minute parking sign at 112 Third Avenue West as described in this memorandum. 2. Direct staff to leave the traffic sign as is. 3. Table for additional information. o Staff recommends Alternative No. 1, to remove the 15- minute parking sign at 112 Third Avenue West. H H OLIN N 011 Direct staff to remove the 15- minute parking at 112 Third Avenue West. Bruce Loney Public Works Director BL /pmp SIGNS2 11/15/00 WED 17:25 FAX 16124968257 SCOTT COUNTY SVCS SCOTT COUNTY k tj INTERNAL 200 4th AVENUE WEST Z. r SHAKOPEE, MN GARY L. SBEL ON Deputy County Administrator November 13, 2000 Mr_ Bruce honey, City Engineer City of Shakopee 128 South Homes Street Shakopee, MN 55379 15-Minute Parking Sign on Third Avenue With this letter, I would like to make a request that the 15- minute parking sign in front of 112 Third Avenue West (the old NAPA building) be removed. This sign is located on the south side of Third Avenue. It seems the intent of the sign was to provide for short-term customer parking for the NAPA store. Since that is no longer the case, I would Iike to request that the sign be removed. Thank you for your efforts in the past to coordinate parking arrangements for Scott County, its employees, and the residents adjacent to the Courthouse Campus. If you have any questions or concerns, please give me a call. Sincerely, Gary Shelton Deputy County Administrator IN Cc: Don Fehr ]Kathy Davis CITY OF SAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: John DeLacey, Engineering Technician SUBJECT: Contract Extension with Bolton & Menk, Inc. For Surveying Services DATE: November 21, 2000 Staff is requesting Council approval to enter into an agreement with Bolton & Menk, Inc. to provide surveying services for the preparation of the feasibility report for Sarazin Street and Valley View Road, which was ordered at the November 6, 2000 Council meeting. At their November 6, 2000 meeting, City Council authorized the preparation of a feasibility report for Sarazin Street and Valley View Road. In order to better prepare the feasibility report, staff is requesting to have the preliminary survey work performed at this time. The main advantage to having the preliminary survey work done at this time is that a more accurate feasibility report will be prepared by having data that will assist in a preliminary design and assist in determining right -of -way acquisition needs. Also, by ordering the survey work now, the survey data will also be more accurate than if the survey work is done in the middle of the winter (depending on snow fall.) The only disadvantage to having the survey work done now would be if the project were not ordered. However, even if this project is not ordered at this time, the survey data would not be lost and could be retained for a future use. Staff is also requesting permission to order soil borings for the feasibility report, as this is going to be a State Aid project and soil borings are required. A letter from Bolton & Menk, Inc. is attached offering their services for the requested work. 1. Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for surveying work associated with the feasibility report. 2. Authorize City staff to order soil borings for the preparation of the feasibility report. 3. Do not enter into an extension agreement with Bolton & Menk, Inc. 4. Do not authorize staff to order soil borings. 1 11 . 1 Lu Staff recommends Alternative No.'s 1 and 2. 1. Authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for surveying work associated with the feasibility report. 2. Authorize City staff to order soil borings for the preparation of the feasibility report. John DeLacey Engineering Technician JHD /pmp SURVEY Consulting Engineers Surveyors 1515 East Highway 13 • Burnsville, MN 55337 -6857 Phohe. (612) 890 -0509 ® FAX (612) 890 -8065 November 2, 2000 Mr. Bruce Loney City Engineer City of Shakopee 1255 Fuller Street Shakopee, MN 55379 -1351 RE: Topographic Survey Proposed Sarazin Street Dear Bruce: It is my pleasure to write to you today. I hope the construction work load is progressing smoothly for you and your staff at the city this fall. In accordance with Section I -C -2 (Major Project) of our Agreement for Professional Services with the City of Shakopee, this agreement is written to provide a cost not -to- exceed of S 14,965.00 for surveying services for topographic data of the above referenced project. Any additional work requested by the City for preparation of easements for City projects will be done in accordance with Bolton & Menk's 2000 fee schedule, which I have enclosed. The City of Shakopee agrees to reimburse Bolton & Menk, Inc. 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. Bruce, if you have any questions or concerns, please feel free to call. Sincerely, BOLTON & MENK, INC. Dennis M. Honsa, L.S. Survey Manager Wetland Specialist City Administrator City Clerk Mayor MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA LIBERTY, MO An Equal Opportunity Employer �1 CITY OF SHAKOPEE Fire Department Memorandum Honorable Mayor and City Council Mark McNeill, City Administrator Marvin Athmann, Fire Chief Emergency Vehicle Preemption System November 7, 2000 The Council is asked to consider approving the purchase of equipment for the City's Emergency Vehicle Preemption System (EVPS). The EVPS allows emergency vehicles with emitters to control EVPS equipped signaled intersections, allowing emergency vehicles to pass through the intersection safely and unimpeded by other vehicle traffic. In essence, it allows the emergency vehicle to have a green light. Shakopee's Fire and Police vehicles have been equipped with these emitters and are currently using them at intersections that are equipped with these systems. There are 13 intersections that are not equipped with EVPS. The Fire Department believes the following intersections are a priority for these retrofits to allow the safe passage of emergency vehicles. They are as follows, with their priorities: 1. County Road 17 & 10 Avenue 2. County Road 17 & County Road 16 3. County Road 17 & 4 t Avenue 4. County Road 17 & County Road 101 5. Fuller Street & County Road 69 6. County Road 69 & County Road 101 7. 1 Avenue & County Road 101 8. County Road 101 & County Road 83 9. County Road 101 & Valley Park Drive 10. County Road 17 & County Road 78 11. Scott Street & County Road 69 12. County Road 101 & Stagecoach Road 13. County Road 16 & County Road 83 November 7, 2000 1 Emergency Vehicle Preemption System WSB Engineering provided the following quotes for the equipment required to enhance our Emergency Vehicle Preemption System. The quotes do not include the cost of installation of the equipment. Tomar EVP Equipment 3M EVP Equipment $2,318 per intersection $2,500 per intersection The Fire Department has $30,000 budgeted for this expense in the 2000 capital expenditure budget. Staff recommends the City purchase 3M EVP equipment. The City has installed 3M EVP equipment to date and the users have been very satisfied with the overall performance of the equipment. Staff has considered future maintenance and the expense associated with a duel- equipped system in their recommendation- Dr el 11 Bel V DI l If the Council concurs, they should, by motion, authorize the appropriate City staff to purchase the necessary 3M EVP equipment to properly equip ten intersections at a cost of $25,000. / Memorandum To: Honorable Mayor, City Council Mark McNeil, City Administrator From: Dan Hughes, Chief of Police Date: August 20, 2000 Subject: Emergency Response Team Trailer Purchase The Police Department Emergency Response Team is seeking approval to purchase a 24- foot trailer to provide quicker response of team members and storage of equipment used by the ERT members. The trailer would also serve as a command post for Emergency situations. C . • • • The Shakopee Police Department Emergency Response Team is a special unit designed to respond to high -risk situations at any time of day or night. The ERT unit is equipped with special equipment that is now stored in the police department. Members of the Team now have to respond to the Police Department before going to the site of the incident. The trailer would be equipped with all the emergency equipment and officers could go directly to the incident thus saving much needed time. The trailer would also serve as a command post for any emergencies the police department is needed for. The available vendors in Scott County were contacted. Bids were received from Twin Cities Featherlite Trailer Sales, Inc, Elko, MN and Ace Trailer Sales, Shakopee, MN. Twin Cities Featherlite Trailer Code 5510 -8624 8'6 "x24 $10,334 list price Price for Shakopee PD as of 01 -25 -00 $8,995 Camper Door $255 Ramp Door $500 Total $9720 See attached sheet for trailer details Ace Trailer Sales 8 Series 24' trailer $5100 RV door $300 Screen door $125 Total $5525 The 2000 Police Department budget has $6000 identified for the purchase and set up of the trailer. The set up would involve building locker area and command post area in the trailer. Members of the Shakopee Public Works and the Emergency Response Team would set up the trailer. Action Taken If Council concurs, they should, by motion, authorize the appropriate City staff to purchase the Interstate 8 Series 24' trailer from Ace Trailer Sales for $5525. AUG -22 -2000 08 =16 ACE TRAILER SALES ACE Trailer Sales 7480 E Hwy 101 Shakopee IMN 55379 612 -445 -7043 1 - 800 - 225 - 8659 NAME /ADDRESS Shakopee Policc 612 445 6798 P.01i01 Trailer Q`kuote DATE Quote No. 8!2!/00 _ 1312 PROJECT ITEM 1824rn2 i i License &Reg Reg Plate SPVF � Tran.Title: l' Deputy Fee I � i DESCRIPTION Interstate 8x24 Cargo Trailer 4965.00 7000 GVW, 38001b. cap. i 6-6 High inside F..lec_ Brakes on both axles 32" Curb side door 2 l2volt dome lights Stonc Guard 135.00 Options no included above RV Door With Screen 300.00 ILO 32" door Roof Vcnl 50.00 ea- Window 30x30 100.00 Prep for roof air 55.00 i Up grade axles to 9990 GVW 675.00 Statc Lic Rcg Plate Fee State Patrol Fee Transfer Ta.:c, TiTIC, Transfer Fcc I State Deputy Fee License and Registation Registration Road Tax i Total QTY RATE j 5,100.00 8.00 2.00 3.50 6 -00 3.50 6.50% lF�1I TOTAL 5,100.001 8.00 2.00 3.50 6.00 I 3.50 23.00 331.50 55.454.50 TnTCI P P1 01/25/2000 16:28 16124616552 FEATHERLITE TRAILERS PAGE 02 14 - 1 OCTOBER 6, 1999 O 0 "-s TUBULAR FRAME, GALVANIZED SIDE POSTS, HEAVY DUTY ALUMINUM ROOF WITH .040 ALUMINUM ROOF SKIN, .030 SIDE SHEETS UP TO 24'& .040 SIDE SHEETS ON 26' & OVER, REAR FRAME WRAPPED IN WHITE ALUMINUM, FLOORING A -FRAME PAINTED SILVER Trailer Belly Axle Axle Ci Otv RPf Weiaht 5510- 7012 .. ....... 3500 #.--- .2.__. 5510 - 7014 ._7X14....... # •• •2... - • 5510 -7016 ..7X16.••.. .. 3500 # • 5510- 7018 ..7X ....... 3500 # ..... 2..... Trailer Belly 3/4" PLYWOOD , Axle Code size Oty 1987 ........ AXL 102" W 1935...- ••. -AXL 3.'5K RUB TOR W /ELEC BRAKE - -• 5550........ TIRE ST225/75R15 6PLY RATED RAD (QTY 4 ) - - -2 5269 ........ WHL 15" 5H MOD STL SIL (QTY 4) -- 1938 AXL 7K RUB TOR W /ELEC BRAKE ....2.•••. ........ 5545........ TIRE LT235/85RIG 10PLY RATED RAD (QTR' °) -. •• 2 5277 ........ WHL 16" 8H MOD SIL (QTY 4) 2 5/16" (DRAGS) /JACK W/O WHL CRANK TYPE 7963/8283... 7400 /04 ..... COUPLER LIGHT CLEARANCE (QTY 12) /LIGHT STOP /TURN (QTY 2) 3494 DOOR 32" DELUXE 'CAMPER W /DEADBOLT .... 7000 # --- ........ 3386........ DOOR FULL SWING REAR W /SINGLE CAM SWITCH BREAKAWAY W /BATTERY _ A/2 7301........ 7373 TRANSPORT CHA �E P (00 W OQ" LI GV x W O AND ......... 5000 ........ OVER) CONSPIC�T I CEILING) 2361 ......... LINING 1/4 LUAN (P /FT) (FROM FLOOR TO INSIDE HEIGHT IS 6 OUTSIDE WIDTH IS 100" - INSIDE 98" - 8'6" MODELS Trailer Trailer Belly Axle Axle Ci Otv RPf Weiaht 5510- 7012 .. ....... 3500 #.--- .2.__. 5510 - 7014 ._7X14....... # •• •2... - • 5510 -7016 ..7X16.••.. .. 3500 # • 5510- 7018 ..7X ....... 3500 # ..... 2..... Trailer Belly Axle Axle Code Length size Oty 5510 - 8612..8'6 "X # .....2 • .. • • 5510 - 8614..8'6 "X1 4 .... 3500#.....2 •• - -• 5510 - 8616..8'6 "X1 # - - - -2 5510- 8618..8'6 "X #.... -- 5510- 8620..8`6 "X2 #- ....2.•••. 5510- 8622..8'6 "X #. -. •• 2 5510- 8624.. S510- 8626..8'6 "X #.. -2.- 5510- 8628..8'6 "X28 .... 7000 # --- .- 2 -• - - 5510 - 8630..8' "X #..- � - 9 • ..... —5292 .......... 5871 6448 .......... 7024 r Retail i 6275 ..... 6 7678 .... 9135 ...9734 10334 L,Sf' 10935 .....11536 F........12135 01/25/2000 16:28 16124616552 FEATHERLITE TRAILERS TWIN CITIES FEA.THERLITE TRAILER SA.LESIINC 10881 E. 260" ST FLK07MN 55020 800 -860 - 6548 612 -461 -6552 - FAX PAGE 01 .. s..® a a m a a m P a a a a m a m m m a a a a a m P a l a a m P a a 1 a m A a m a a P m a 1 a P P r a m a P a m a a a a M P a m a m a a r A I inclucvflg COV a r a m a a a a m a a m r■ ■ m r m ■ a a m A a m■ • P a a w m r P m a a a r a m m r r a a a a t P a m a a r a m m m a a a � �_:�,zl � s PPA IUHHt C. 26UT" ti [ I;LKO,�N 55U2U CITY OF SHAKOPEE MEM ORAND UM , . , qkNT To: From: Subject: Date: Mayor and City Council Mark McNeill, City Administrator Mark McQuillan, Natural Resource Director Authorization of Plans and Specifications for 2001 Park Projects October 30, 2000 INTRODUCTION The City Council is asked to approve staff's request to have the City's Engineer prepare plans and specifications for new parking lots in Lions Park (pool) and Tahpah Park. In order to proceed with this work, Council also needs to order complete topographic surveys of the project sites. BACKGROUND At the November 2, 2000 Budget Workshop, Council was notified of adjustments needed for the 2001 Parks CIP. Those changes included increasing the budget amount for land acquisition for soccer fields and moving the Tahpah Park parking lot project to 2001. The 2001 Parks CIP identifies new or expanded parking lots for Lions Park and Tahpah Park. An asphalt surface area is also needed for the proposed skate park. The Public Works Director Bruce Loney has indicated he would prefer to have his staff prepare the plans and specifications for these projects. In order to complete these projects in a timely fashion, he would need approval now so they can be scheduled along with other street projects. By ordering the plans and specifications now, the City Council is not committing itself to do any of the projects next year. Council will need to approve the plans and specifications before it authorizes staff to advertise for bids. The cost of the three projects are estimated as follows: Lions Park Parking Lot Project $250,000 Tahpah Park Parking Lot Project $200,000 Skate Park $ 80,000 (includes ramps and apparatus) ALTERNATIVES 1. Direct the City's Engineers to prepare plans and specifications for new parking lots in Lions Park (pool) and Tahpah Park and a skate park pad. 2. Approve the hiring of Bolten & Menk, Inc. to do Topographic surveys of of the project sites. 3. Request additional information from staff. 4. 3. Do nothing. RECOMMENDATION Alternatives #1 & #2 ACTION REQUESTED Move to direct the City Engineer to proceed with the plans and specifications for the Lions Park and Tahpah Park parking lot projects and the skate park pad. Move to hire Bolten and Menk, inc. to do topographic surveys of the Tahpah Park and Lions Park project sites at a cost not to exceed $4,000.00 with funding allocation from the Park Reserve Fund. Mark J. Qui an Natural Resource Director A = Nov. 2 City Council Workshop Memo B = Topographic Survey Proposal. To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Natural Resource Director Subject: Adjustments to Parks Five Year Capital Improvement Program Date: October 30, 2000 INTRODUCTION Prior to its adoption, the City Council is asked to make adjustments to the 2001 Parks Five Year Capital Improvement Program. BACKGROUND The 2000 Parks CIP identifies 10 acres of Mr. Gene Hauer's land to be acquired for youth soccer fields (adjacent to Sun Path School). The City and Mr. Hauer agreed to go through the condemnation process to determine the value of Mr. Huaer's 10 acres. However, the condemnation proceedings with Mr. Hauer won't commence until January of 2001 The Pheasant Run Development is dedicating six (6) acres to the City south of Mr. Hauer's property to be part of the soccer complex. The developer informally stated he would sell the City the four (4) remaining acres at the same price as Mr. Hauer's property. RECOMMENDATION Staff is recommending adjusting the CIP to reflect the purchase of Mr. Hauer's and Mr. Ames' (Pheasant Run) properties to be shown in year 2001 (approximately $850,000.00). Staff is also recommending the Tahpah Park Parking Lot Project be moved up from year 2002 to year 2001. The City recently received a $50,000 grant for the acquisition of 10 acres adjacent to the park (west). A provision of the grant requires the City do some development on the property by year 2001. The parking lot project will affect the newly acquired land. Projects Year 2001 Cost Funding: Source Land Acquisition (Soccer Fields) $850,000 Park Reserve Lions Park Parking Lot Project $250,000 General Fund Tahpah Park Parking Lot Project $200,000 Park Reserve Muenchow Fields Irrigation $ 25,000 Park Reserve Skate Park $ 80,000 Park Reserve Southbridge Parks & Trails $100,000 Park Reserve Huber Park Outdoor Theater $ 11,000 Donations Murphy's Landing $190,000 Donations /Grant $1,706,000 Natural Resource Director Mr. Mark McQuillan Natural Resources Director 129 South Holmes Street Shakopee, MN 55379 RE: Tahpah Park Lions Park Dear Mark, Bolton & Menk, Inc. is pleased to submit the following cost estimate and cost not -to- exceed to complete topographic survey of the following parks: Estimate Not to Exceed Tahpah Park $1,475.00 $1,975.00 Lions Park $1,585.00 $2,025.00 Mark, if this proposal is acceptable, please sign below and fax back to me. Thank you for your consideration of Bolton & Menk, Inc. Sincerely, BOLTON & MENK, INC. Dennis M. Honsa, L.S. Survey Manager Wetland Specialist cc: Bruce Loney, Director of Public Works F:\_Survey\PROPOSAL\McQuillanIO31.wTd MANKATO • FAIRMONT • SLEEPY EYE • BURNSVILLE • WILLMAR AMES, IA • LIBERTY, MO An Equal Opportunity Employer CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: November 17, 2000 Subject: Combined School- Year /Summer Aquatics Program INTRODUCTION At the August 24 2000 City Council Budget Workshop, City Council was presented with a concept where the school -year aquatics program (coordinated by Community Education) and the summer aquatics program (coordinated by the City) would be combined and coordinated entirely by the City. Based on the discussion at the workshop, there seemed to be support for this concept. At this time, City Council is asked to affirm their support of this concept, and direct staff to begin working with School District representatives to implement this change, effective January 1, 2001. BACKGROUND Traditionally, Community Education has provided a school -year learn -to -swim program, open swim, and a water fitness program at the Jr. High School. During the summer, the City has coordinated a summer learn -to -swim program, in conjunction with its operation of the Aquatic Park. Although each organization has provided a quality program, the transition of the program between organizations has, at times, limited its success. Staffing, registration procedures, and training have posed issues for each of the organizations. Earlier this year, staff from both Community Education and the City began exploring ways to strengthen the overall aquatics program. Several key issues were identified, including: • The need for a qualified supervisor to ensure consistency in program and staff. • The difficulty in retaining staff from school year to summer. • Participant confusion when registering for programs. • The significant resources required to operate the City's aquatic park. The most significant issue of those identified was the need for a single individual who could provide continuous supervision and coordination for the program throughout the year. Given the seasonal characteristics of the two programs, two scenarios were discussed to address this need: 1. The School District could assume operation of the City's Aquatic Park and summer programs. 2. The City could assume coordination of the school -year aquatics program. School District and City staff discussed each of these scenarios in detail. We considered skills and expertise, financial issues, and the future direction of each organization. Based on these discussions, it appears that the City would be best suited to oversee the combined program. If City Council endorses the concept of a combined school -year and summer aquatics program coordinated by the City, the following changes could be expected: 1. A full -time Recreation Supervisor would need to be hired who would coordinate the aquatics program. 2. Staff currently working for the school district would be hired by the City (pending employment screening), similar to the process that is currently required for summer employment at the Aquatic Park. 3. The City would handle all program registrations, using existing resources. This should reduce program participant confusion regarding registering for programs. 4. The City would receive all program revenue for both the summer and school -year program. BUDGET IMPACT The following is an analysis of the impact for the proposed combination of programs. (Based on discussion at the August 24 City Council budget workshop, the Finance Department has incorporated the expenditures and revenue reflected in this analysis in the department's 2001 budget request.) FYnanaiifi[rPQ Item Amount Full -Time Wages and Benefits 48,000 Part-Time Wages and Benefits 19,802 Operating Supplies (4210) Recreation Supplies (4211) 3,000 2,000 Training and Development (4330, 4390) 600 Total 73,402 Pewan®®a Item ~- A Amount School -Year Lesson Program 4 43,200 Expanded Summer Program 1 11,500 Estimated savings from reduction in one seasonal Aquatic Park manager 6 6,500 Total 1 1 61,200 ul"aMU by the City. We do not anticipate charges for pool use. 2. In order to meet the growing needs, we anticipate the ability to expand the summer program under the direction of a full -time supervisor. 3. After further analysis of the Aquatic Park operation, we determined that the addition of a full - time Recreation Supervisor would reduce staffing needs at the Aquatic Park. This reduction was not included in department's revised budget estimate. RECOMMENDATION The Park and Recreation Advisory Board evaluated and supported this concept during their review of the 2001 budget request. In addition, the Advisory Board discussed it SliAKOPEE Shakopee School Board Anne Tuttle, Chair Todd Anderson, Vice Chair ® ® Steve Schneider, Clerk Mary Romansky, Treasurer Community Education Kathy Busch, Director Jessica Geis, Director Andrew Unseth, Director Superintendent: Jon McBroom Director of Community Education Robert W. Greeley To Shakopee City Council From: Bob Greeley, Community Education Director i Date: November 17, 2000 CC: Mark Themig, Facilities & Recreation Director Shakopee Community Education supports the proposed changes in delivering aquatics programs to and for our community residents. These proposed changes have been discussed at the staff and advisory council/board levels numerous times. The Shakopee Park & Recreation Advisory Board and Shakopee Community Education Advisory Council held a joint meeting on October 23rd. At this meeting, one of the topics of discussion was aquatics and the proposed changes. I feel in leaving this meeting that evening both boards /councils were very supportive of the proposed changes. Also, our advisory council has discussed this proposal at regular advisory council meetings previous to this October joint meeting and were supportive at those times also. Recognizing the strengths and future direction of each organization, I believe this is a move that will benefit our residents now and in the future. 505 South Holmes • Shakopee, MN 55379 (952)496 -5029` fax: (952)445 -8446 `TTY number ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION AN EQUAL OPPORTUNITY EMPLOYER further during their joint meeting with the Community Education Advisory Council in October, and maintains their support. The department is prepared to accept the additional program and staffing responsibilities, should City Council concur with this recommendation. Given the challenges each organization faces in providing a quality program, I believe that combining the programs under one organization will enhance the services that we provide in aquatic programs, as well as operation of the Aquatic Park. REQUESTED ACTION City Council is asked to confirm their support of the combined school - year /summer aquatic program to be coordinate by the City, and direct staff to begin working with School District representatives to implement this change, effective January 1, 2001. IK" - -- Mark Themig Facilities and Recreation Director i TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 2001 Non - Contract Cost of Living Adjustments DATE: November 16, 2000 The Council is asked to modify the City of Shakopee Pay Plan to reflect a proposed 3% cost of living adjustment for 2001 for non - contract employees. The Council is asked to make a decision regarding the cost of living adjustments for non- contract employees for the year 2001. The proposed FY 2001 Budget contains a 3% increase for a cost of living. The information that we have from the City's labor consultant, Labor Relations Associates, indicates that 3% is a standard throughout the Twin Cities, for those cities who have decided upon an increase for 2001. By formalizing this adjustment now, the employees will have full information for any financial planning during the City's "open enrollment" period for insurance. The open enrollment window runs from December 1 through December 15 Funding for a 3% increase is provided in the proposed FY 2001 Budget. � 1 1 If the Council concurs, it should adopt the following resolution: RESOLUTION NO. 5455 A RESOLUTION ADOPTING THE 2001 PAY SCHEDULE FOR THE OFFICERS AND NON -UNION EMPLOYEES OF THE CITY OF SHAKOPEE i C C � Mark McNeill City Administrator 1 1 1 1 W W to D)MV 11 1 W95410 1W Weyd / inlowIDKOJ,vw&OJWIJWIV41 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 2001, payable to the duly elected officials and appointed non -union employees of the City of Shakopee, in accordance with the attached 2001 Pay Schedules, with an effective date of January 1, 2001. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this resolution are hereby repealed and terminated effective January 1, 2001. Adopted in _ day of session of the City of Shakopee, Minnesota, held this , 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 2001 Pay Plan Title Grade 1 Step Step Step Step Step Step Step Market 2 3 4 5 6 7 8 Adjust City Administrator Q $71,141 Unused P $66,824 Police Chief O $62,506 PW Dir/Eng. O $62,506 Com.Dev.Dir. N $58,698 Finance Director N $58,698 Natural Resources Director M $54,888 City Engineer (not used) L $51,562 Deputy Chief L $51,562 Facility & Recreation Dir L $51,562 Assistant City Eng K $48,234 EDA Coordinator J $45,289 Assistant Finance Director J $45,289 PW Supervisor I $42,343 Project Coordinator 1 $42,343 Building Official 1 $42,343 Accountant III I $42,343 PlannerIl I $42,343 City Clerk 1 $42,343 Bldg Inspector H $39,753 Fire Inspector H $39,753 Eng Tech lV H $39,753 Recreation Supervisor G $37,163 Payroll Benefits Coord G $37,163 Planner G $37,163 Eng Tech III G $37,163 Management Assistant F $34,852 Executive Secretary E $32,541 Eng Tech II D $30,560 Planning Tech D $30,560 Ice Arena Maim. Operator D $30,560 Secretary D $30,560 Accounting Clerk C $28,579 Police Records Tech C $28,579 Clerk Typist Ii C $28,579 Office Service Wkr B $26,802 Community Sery Officer A $25,024 Customer Sery Rep A $25,024 Facility Maint Wkr A $25,024 Bldg Maintenance Wkr A $25,024 Rece tionist AA $23,155 $73,682 $76,222 $78,763 1 $81,303 $83,844 $86,384 1 $88,925 $69,210 $71,597 $73,983 $76,370 $78,756 $81,142 $83,529 $64,738 $66,971 $69,203 $71,435 $73,667 $75,899 578,132 $64,738 $66,971 $69,203 $71,435 $73,667 $75,899 $78,132 $60,794 $62,890 $64,986 $67,082 $69,179 $71,275 573,371 $60,794 $62,890 $64,986 $67,082 $69,179 $71,275 $73,371 $56,848 $58,808 $60,769 1 $62,729 $64,689 $66,649 1 $68,609 $53,403 $55,244 $57,086 $58,927 $60,768 $62,610 $64,451 $53,403 $55,244 $57,086 $58,927 $60,768 $62,610 564,451 $66,346 $53,403 $55,244 $57,086 $58,927 $60,768 $62,610 $64,451 $49,957 $51,679 $53,402 $55,124 $56,847 $58,570 $60,292 $46,907 $48,524 $50,141 $51,759 $53,376 $54,993 $56,611 $46,907 $48,524 $50,141 $51,759 $53,376 $54,993 556,611 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 $52,929 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 552,929 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 552,929 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 552,929 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 $52,929 $43,856 $45,368 $46,880 $48,392 $49,904 $51,416 $52,929 $41,172 $42,592 $44,012 1 $45,431 $46,851 $48,271 $49,690 $41,172 $42,592 $44,012 $45,431 $46,851 $48,271 $49,690 $41,172 $42,592 $44,012 $45,431 $46,851 $48,271 $49,690 $38,490 $39,817 $41,144 $42,472 $43,799 $45,126 $46,453 $47,819 $38,490 $39,817 $41,144 $42,472 $43,799 $45,126 546,453 $38,490 $39,817 $41,144 $42,472 $43,799 $45,126 546,453 $38,490 $39,817 $41,144 1 $42,472 $43,799 $45,126 $46,453 $36,097 $37,342 $38,586 1 $39,831 $41,076 $42,320 543,565 $33,703 $34,865 $36,027 $37,189 $38,352 $39,514 540,676 $31,651 $32,743 $33,834 $34,926 $36,017 $37,108 $38,200 $31,651 $32,743 $33,834 $34,926 $36,017 $37,108 $38,200 $31,651 $32,743 $33,834 $34,926 1 $36,017 $37,108 $38200 $31,651 $32,743 $33,834 $34,926 $36,017 $37,108 538,200 $29,600 $30,620 $31,641 $32,662 $33,682 $34,703 535,723 $29,600 $30,620 $31,641 $32,662 $33,682 $34,703 535,723 $29,600 $30,620 $31,641 $32,662 $33,682 $34,703 $35,723 $27,759 $28,716 $29,673 $30,630 $31,587 $32,545 533,502 $25,918 $26,812 $27,705 $28,599 $29,493 $30,386 $31,280 $25,918 $26,812 $27,705 $28,599 $29,493 $30,386 $31,280 $25,918 $26,812 $27,705 $28,599 $29,493 $30,386 $31,280 $25,918 $26,812 $27,705 $28,599 $29,493 $30,386 $31280 $23,982 $24,808 $25,635 $26,462 $27,289 $28,116 $28,943 11/16/2000 JANUARY 1, 2001 Positions Elected Officials Salary Authorized Mayor $6,756.00 /year 1 Councilpersons $5,628.00 /year 4 Non -Union Employees Fire Chief $3,200.00 /year 1 Ass't. Fire Chief (l $1,700.00 /year 1 Ass't. Fire Chief (2 ° $1,500.00 /year 1 Fire Department Engineer $2,600.00 /year 1 2nd Engineer $2,200.00 /year 1 3r Engineer $1,200.00 /year 1 4' Engineer $1,200.00 /year 1 5 d ' Engineer $1,000.00 /year 1 1' Captain $2,200.00 /year 1 2nd Captain $1,000.00 /year 1 3r Captain $1,000.00 /year 1 4' Captain $1,000.00 /year 1 Firefighters $ 8.00/hour 47 1. The Deputy Police Chief shall receive a uniform allowance consistent with the 2001 Sergeant's Contract Allowance. 2. The Public Works Supervisor shall receive the same uniform allowance provisions as the Public Works Employees, consistent with previous years. 3. Employees not at their top step will receive an annual anniversary step increase on the appropriate date. 4. The rebate for employees carrying individual health insurance coverage will be phased to eliminate as follows: $75.00 /month as 1 /1 /01; $50.00 /month as of 4/1/01; $25.00 /month as of 7/1/01 and $ -0- as of 10/1/01. CTI'Y OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Employee Health Insurance DATE: November 2, 2000 The Council is asked to consider issues related to employee health insurance for 2001. 'I 1 Health insurance rates for the past several years have increased dramatically. The notice 19% increase that the City received for next year is high, but that amount was an improvement over the 31 % increase that was experienced for this year. An employee committee made up of representatives of all departments met in September and October to review the City's health care issues. In addition, staff has met with representatives of Blue Cross to review our current situation. The Blue Cross representatives indicate that the City has been doing good things to keep costs under control: 1. By joining the Southwest Insurance Pool, the City's rates were significantly reduced — had it not been for the pool, the 19% increase this year would have been 30% increase. 2. By offering a manage care system (Triple Gold), long term costs will be able to be more readily controlled. However, there are other things that need to be addressed in order to achieve what should be the major goal concerning health care — that coverage is available for all employees, whether they take individual coverage only, or need to cover an entire family. Insurance coverage is essential for recruitment and retainment of qualified employees. Rebate for individual coverage — Approximately 12 years ago, the City began paying what was then $50 per month to each employee who did not take family coverage. The intent at that time was that that extra money would equalize benefits and could be used to purchase additional insurance, other than health. However, over the years, that "rebate" began to be treated as extra income, and over the years, grew to $207 in 1998. However, the unintended result of this practice was that many employees dropped family coverage, and opted for individual coverage only, with their dependents being picked up on a working spouse plan. Oftentimes, families had been using proportionately fewer medical services, with higher premiums being paid. The net result has been an underfunding of the insurance pool (amount of premiums paid in vs. amount of services required). Blue Cross informs us that the City of Shakopee is one of the very few cities that is continuing to pay this "rebate" which was popular in the 1980's. The result is that the insurance premiums required to offset medical payments incurred have increased faster than they would have otherwise, in part, because of the payment for this "rebate ". Last year, the $207 was reduced to $100 per month maximum per employee. However, there would still need to be $56,000 paid out in 2001, if that practice were to continue for the 44 employees who take single coverage. That amounts to 8% to 9% of the total budget available for the payment of health insurance. Our recommendation at this time is to put all health care resources into the payment of premiums. While the individual policyholders will no longer receive the rebate per month (the net take home is taxable income, thus reducing the effective additional take home pay to $66 to $70 per month). However, it does provide the benefit of helping to preserve affordable coverage for all employees. In addition to family coverage, there are several employees who will be retiring within the next five years, and will need to pay insurance fully on their own. It is critical that as many resources as possible go into the health insurance budget. In order to buffer the impact on those employees who have been receiving the "rebate ", staff is looking at the possibility of phasing this out over several months (i.e.; $75 as of January 1, $50 as of April 1, and $25 as of July 1, $0 as of Oct. 1), rather than the entire amount being eliminated on January 1. The budget impact numbers will be available at the November 6 Council meeting. Employee Dental Insurance — This is offered as an employer sponsored plan now, but the entire cost of the premium is paid by the participating employee. There are currently approximately 28 participants. What is proposed is that individual preventative dental be offered at this time to all employees (family coverage would be available, but the additional cost would be the employee's). The total cost would be approximately $25 per employee per month. In future years, as better dental health is realized as a result of the preventative work, additional services might become more affordable. Continued Subsidy of Triple Gold — Last year, there was a desire to move employees to the Triple Gold Plan, which at that time as more expensive. Triple Gold is a managed care system (similar to an HMO), which allows the insurance company to negotiate with the health care providers more effectively. However, Blue Cross indicates that the current comprehensive plan (CCM) which is in place is also a good plan for both employees and the employer, when compared to other public entity insurance coverages. There is no need to have the City prefer one over the other. Last year, the City subsidized the extra cost for Triple Gold. The recommendation of Blue Cross is to not subsidize this year. If both family coverages are City paid at 70 %, it would mean a payment of $582.63 per month to the City, vs. $629.59 for Triple Gold. The employee cost would be $269.82 for the employee per month for Triple Gold, which would be $20.12 per month higher than the CCM plan. Other variations are available, which result in different costs for the City and employee. By eliminating the individual "rebate ", the total insurance monies available for health insurance is increased. Should it be the desire of Council, the family insurance share paid by the employee per month can be further decreased from the proposed $269.82 for Triple Gold, and $249.70 for CCM. However, the apparent amount for the City to pay would exceed 70% as a result. Other Issues — Other potential changes which might be looked at in future years to help control costs would be to increase the out of pocket maximum for employees (currently at $500 per year per individual for the comprehensive medical plan), and potential elimination of the two party coverage, leaving single and family. The FY 2001 budget does provide for sufficient monies to keep the City's share of the family coverage this year at 70% for both plans. It would also provide for sufficient funds to offer individual dental, should that be desired. R1 1 ► /A/1 ► 1 : 1 I recommend that the Council approve the following insurance changes for 2001: 1. Eliminate or phase out the individual insurance rebate going to employees, and instead put all budgeted monies for insurance into the insurance program. 2. Authorize individual preventative dental for all employees. 3. Provide coverage equal to a 70% amount for both Comprehensive Major Medical and Triple Gold plans, without equalizing the plans. Note that the 70% is for 2001, and may vary in the future years. F.MQU IM9' 1 1 If the Council concurs, it should adopt the resolution which will be on the table at the November 6 meeting. Mark McNeill City Administrator MM:th d � C) CD O d ►�. n cD r.Y 0' O PD W n n 69 69 00 N O O z o O � � O O O b9 69 cn O O O O O z� 00 O O O v P7 O - C O c a. rp. CD ► � - r/] R. O `r.Y' �+ CD ar A O n ►�• in �• r�r. QQ Fk��hd' " �. A r4- � O r c ►' A 69 69 N F-. CD p i4� 2 CD cr C CD o CD � X C'D ems.• rte+. � C' �. ."'S. U� (fl r• � O C N CA N A 1 4 . r CD tv p CD y d7 q O a .fit C O E9 6T b9 O ~' N Cell 00 CD . C CD ► Ch 00 n CD rA cn CD rA N d C 0 N ° N O C, Do 9 65 N b9 69 CA 'rJ N CA 'z7 N m N O O O� Cn O .-... N O A� `C3 S ' O 'C3 w O 'L3 5* N QC O O CD p 00 O O Qq Uo o tc `O O CD O < 63 b9 w0 O 69 69 0 69 69 69 69 N 0 CD O d O O C:) N C O. O tv w c.n N O1 b a O CD C: O 00 00 W N O N w O � � � o O r� CD (D CD In 'rJ III t`- N -E>5 N O Z a O N CA A; .�.. N C/A y V] O O O \ O \ CD A? Q _ Ca Q CD CD 64 69 � b9 &? 000 � N ' Zi� (D O y J � W N O C7" Q1 'JD V' GO r w p O all O � T `< O R O O A h A R A O rA T N O 0 0 r� ~ [9 m CDa 9 r) tl � C Xvo ' G y n '7 :3 '��. CD v cC C ` a' CD CD o CD p•• V CD CD CD At A� v, ry rs� V1 1e+ n• CD CL UP rA cr �• CD ?y A� o cu I CAD 0 X .j D y 5' CD � � � � y C C r,• � ® �- � y �• n_ tD � � . 0 CD En CD CD s . 0 00 > E E3 0 00 a 0 00 a 0 00 a O 00 �a� a 0 00 �� a�, To�oa � � CD Al .+ o (�D X . O . N 7G' 0 \ - X• O -0s CD 7G• 0 \ ^0+ CD X- 0 \ =� CD X• O •� O < 0 CD E O < 0 (D p < CD ~` o 0 < CD 0 O < 0 CD O < CD T` " �` �" �' m '7i y C T.' y 0. B CL c r° (DD r° QCD Ci A7 0 ' n caD �+ r° CD Ga O CD 0 0 o o o o ^• o o o o o o �^ CD CD �� o CD CD C. CD CD D CD n m - 00 O O 0 0 O 0 � O 0 CD Cl. CD 2) CD CD CD CD < A FJ p CD V O Ch m O O O CD O O O O O O ® O p,� M N � Finance Director, Gregg Voxland, estimates it costs the City approximately .60 cents to process and sell each yard waste ticket for WMI. Although WMI's price appears lower, their yard waste tickets actually cost more. When the total City cost is consider it would cost a Shakopee resident $1.00 next year to purchase a yard waste ticket from Dick's; however, the total cost is $1.35 /ticket from WMI. According to the number of yard waste tickets sold last year, Dick's would save Shakopee residents roughly $19,530 over five years in yard waste tickets. 6. Dick's Sanitation has a proven track record of quality service in the Twin Cities. WMI proposal is less expensive, but more labor intensive for residents and City staff. Shakopee residents have shared their dissatisfaction with WMI service levels with City Council and staff over the years, and reemphasized it again in the garbage survey this summer. Of the Shakopee residents that contacted WMI this year, only 25% were at least satisfied with the outcome, according to the July, 2000 City survey. Contract Issues: Assuming the Decision is to Award the Contract to Dick's, the Contract Will Contain the Following: Grant From Scott County for Recycling Containers In order to keep refuse costs as low as possible for the residents of Shakopee, the City has applied for a grant with Scott County for the cost of the recycling containers. The City would own the initial containers and negotiate the terms for the replacement and additional containers for the remainder of the contract. By pursuing the grant, the City would is saving its residents approximately $25,000 in recycling costs. Hennepin Contract to Process City staff is working with Hennepin County to enter into a contract to process Shakopee's refuse for the next five years at $61 /ton. Increased Convenience For Residents 1) Direct billing of yard waste, extra bags of garbage and bulk items. No more yard waste, garbage or "Christmas Tree" tickets. 2) Automatic withdrawal of garbage payments for 1) increased resident convenience 2) decrease number of delinquent bills. 3) Quarterly newsletter for all residents to highlight new service programs and education about recycling. 4) Valet door side service, for an additional cost, for those residents who are handicapped and cannot bring their own cart to the curb. 5) Weekly pickup and quarterly billing of bulk items. General Highlights 1) Penalty list to ensure guaranteed service. 2) Four City of Shakopee dedicated 2001 trucks for service. 3) One devoted staff member for customer service and routes. 4) Recycling rebate to produce revenue for new City programs. 5) No removal of waste containers for nonpayment. Recommendation Staff's recommendation is to award the 5 -year garbage contract to Lakeville Sanitary (Dick's) of Lakeville, MN for residential refuse to be processed (burned) at the Hennepin County processing facility as well as yard waste and recycling services. Action Requested 1) If Council concurs, it should take the following actions by motion. To approve the contract with Lakeville Sanitary (Dick's) for refuse, recycling and yard waste collection and billing services for a five -year contract. OR Reconsider the RFPs to review other haulers, such as BFI, if price is the over riding factor for the garbage contract. 2) Negotiation the five -year contract with Hennepin County to process (burn) Shakopee's refuse 3) Finalize the grant application with Scott County 6,000 recycling containers. Tracy Co hen Management Assistant C! , is F City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: Award 5 -Year Garbage Contract to Dick's Sanitation MEETING DATE: November 21, 2000 Introduction City Council is asked to approve a five -year contract Dick's Sanitation/Lakeville Sanitation (DSI/LSI) for residential refuse, recycling and yard waste services. Background The City of Shakopee has had an organized (closed) system for residential refuse services for over thirty years, with Waste Management serving the community exclusively for approximately the past ten years. City staff conducted a citywide survey in July that reinforced the majority of Shakopee residents want to maintain the current closed residential refuse system. At the October 3 City Council meeting, Council authorized City staff to proceed with the Request for Proposal (RFP) process for a five -year garbage contract. City staff received ten proposals from garbage haulers throughout the Twin Cities, ranging from start up, to international companies. City Council directed staff to negotiate a five -year contract with Dick's Sanitation on November 6, 2000 for residential refuse, recycling and yard waste services. Staff Recommends Lakeville Sanitary (Dick's) for the Following Reasons: 1. Council directed staff to meet with Dick's Sanitation and Waste Management to review the figures presented to City Council on November 6. After reviewing the figures with both haulers, all parties have agreed that the numbers presented in the spreadsheets are accurate. The million dollar savings Waste Management presented to City Council on November 6 was inaccurate due to a misunderstanding of figures in the RFP. The actual difference, from the staff recommendation, is a savings through WMI of $523,169.52 over a five -year period, which breaks down to approximately $1.49 per month for an average Shakopee resident. Please see the attached spreadsheets for a complete breakdown of costs for Dick's Sanitation and WMI. Currently, Shakopee residents pay $14.11 /month for a 60- gallon container, billing and recycling services with Waste Management. Due to a misunderstanding between City staff and Waste Management, the figure of $15.29 is incorrect. Residents would only see a slight increase of approximately .64 cents each month to have their refuse processed, if the contract is awarded to Dick's. 2. Although Council requested information on the costs of recycling without a rebate, staff feels that due to a strong economy, the residents of Shakopee will benefit from the rebate revenue. Staff estimates that the City can generate at least $35,000 /year by utilizing the recycling rebate. Aside from the monetary benefit, the recycling rebate also encourages residents to recycle more, which will result in 1) increased revenue for recycling programs, recycling containers in the parks, local scholarships, cost savings on garbage bills, extra clean-up days and possible rebate checks to residents. Without a recycling rebate, WMI could potential save the City an additional $179,973. However, the City could generate approximately $175,000 in revenue from a recycling rebate, for such programs as mentioned above. Without such a rebate, the City does not have the funds to provide such recycling services to its residents. As mentioned at the November 6 Council meeting, staff recommended that after one year, the recycling rebate be evaluated. If the rebate does not generate the expected revenue, Dick's Sanitation has agreed to discontinue the recycling rebate and reduce the residents monthly recycling costs. 3. If Council feels price is the overriding factor, staff recommends that City Council also evaluate the prices of BFI and potentially other haulers who submitted proposals. 4. Dick's Sanitation has a lower rate for Shakopee's town home residents. For the first year, town home residents would pay $1.20 more a month with Waste Management. All town homes will be included in the citywide contract. Over the past 2 years, many town home residents opted to choose their own hauler. Of the 1,400 town home residents, 1,200 town home residents chose Dick's Sanitation as their garbage provider. 5. Waste Management's yard waste proposal prices are cheaper than Dick's. 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EA D W - {A C Efl W N 00 N co N () 00 O N O N (3) (D �l N co N CC) (D -{ -{ CD CA W O O O O O ill G) G) G O O O (19 :3 :3 7 -i _1 iv N O v c„ co (n O� c N W (A 00 00 W 00 00 00 .r.9 -09 O � 3 - G4 r!• co co � (0 M Cb --1 .A N co Cn -I O 0o -69 ?ffl 0) W �1 3 N O -J N 00 (n O 0) 00 CA 00 N N 00 (Y) Cn tv C (D -s 03 _Cn 0 O 0 CD (A N Z O 0 O QJ O Q CD N CD C C CD Al Garbage Proposals - Yard Waste Hauler Bill Year 1 Year 2 Year 3 Year 4 Year 5 Dick's $1.00 $1.00 $715 $1.15 $1.25 WMI $0.75 $0.75 $0.75 $0.75 $0.75 Average Resident (60 Gallon) Refuse, Recyling, Hauler Bill, No Containers - BFI Year 1 Year 2 Year 3 Year 4 Year 5 BFI 13.71 13.93 14.15 14.38 14.61 ® ® 6 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Smoking Bans DATE: November 15, 2000 '1l � The purpose of this memo is to provide a report to the Council on what other cities in Minnesota have done in response to requests to curtail smoking in public places, specifically restaurants. After consideration of the material contained herein, the Council will be asked to give direction as to what, if any, further action it wishes to pursue. I C • � 1° At the City Council meeting of October 3 a presentation was made by Tobacco Free Futures, a group whose goal is to reduce or eliminate the use of tobacco, discourage smoking by youth, and eliminate second hand smoke. The focus of their presentation on October 3 was to request the City Council to prohibit smoking in all enclosed "public places ", which they defined as restaurants, public transit areas, and outdoor City parks. (TFF spoke to the Park and Recreation Advisory Board earlier this summer. The PRAB did not choose to endorse banning smoking in outdoor park areas.) The group does not seek to have the City ban smoking in bars, which Tobacco Free Futures would define as areas "devoted to the serving of alcoholic beverages for the consumption by guests on the premises and in where the serving of food is only incidental to the consumption of beverages.... ". While no presentation was made to the City Council at that time, a suggested ordinance (attached Exhibit A) was given to staff following that meeting, which TFF proposes for use in Shakopee. As a result of that October 3 presentation, the City Council directed staff to research what else has been done in Minnesota on this subject. L ei I ' At this time, there are three cities in Minnesota that have adopted some form of smoking ban in bars or restaurants: Moose bake — Moose Lake banned smoking in restaurants on August 1, 2000. It then became the legal responsibility of the owner, manager, or operator of a restaurant to enforce non - smoking limitations. Violations are misdemeanors, with a graduated fine scale starting at $100 for the first offense and increasing to $500 for the third offence within a year. The penalty is imposed on the restaurant owner, not the smoker. According to a recent conversation with the Moose Lake City Clerk, no one has challenged the ordinance since it took affect. There are seven restaurants in town that are impacted by it. The only bar in town is municipally- owned, and it does not serve food. Duluth — Duluth adopted its ordinance June 12, 2000, but it does not take effect until January 1, 2001. The Duluth ordinance is more complicated. It prohibits smoking in public places on which are defined as indoor areas used by the general public, "including restaurants, retail stores, offices and other commercial establishments, public conveyances, bars, hospitals, auditoriums, arenas, meeting rooms, and common areas of motels and hotels." There are exceptions for bars and restaurants that have a designated smoking area in a separate room, separately ventilated to the outside, and constituting not more than 30% of the seating floor space and where people under age 18 are not permitted to enter or remain. There are also exemption provisions for restaurants that experience losses of sales greater than 15% for one month, or greater than 10% for two consecutive months to request to be exempted from the ordinance. Note that the Duluth ordinance also provides that, subject to the provisions of the Minnesota Clean Indoor Air Act, smoking may be allowed by management at restaurants (holding alcoholic beverage licenses or beer and wine licenses) after 8:00 PM until 1:00 AM. Again, as this has not yet taken effect, there is no judgment yet as to its effectiveness. Little Falls — The Little Falls ordinance is more similar to that of Moose Lake, in that smoking is banned in restaurants, and City -owned vehicles and buildings. Restaurant owners or managers, and the person who smokes can be guilty of a misdemeanor, which is punishable by a penalty of not more then 90 days in jail or a fine of not more then $700, or both. Other Minnesota Cities: I am aware that the cities of St. Cloud, New Prague, and Faribault have also considered smoking bans, but they did not pursue the enacting of any restrictions. Recently, the City of Hutchinson has considered implementing bans on smoking. According to the City Clerk there, 4 out of the 5 restaurants in town are favorable to have a ban, if it is imposed upon all by the City. According to their records, the Mayor had received some 200 calls on the subject, and said that 95% of the calls were in favor of enacting such a ban. Therefore, at a City Council meeting on November 13 th , the Hutchinson City Attorney was directed to draft an ordinance for consideration. Smoking Ban Opponents — I've been contacted by restaurant owners in Shakopee who have expressed a concern about the impact on their businesses, should the City enact such an ordinance. One of their major concerns is that whereas the three cities in Minnesota which have enacted such an ordinance are relatively "stand alone" communities, and smoking patrons have fewer options as to where they could otherwise dine, the request for Shakopee is the first to be heard in the metropolitan area. Shakopee restaurant owners' major concern relate to the ability of their smoking patrons to take their business to neighboring communities. One suggestion that has been made by a restaurant owner is for the City Council to wait for possible new rules or a change in rule interpretations, as issued by the Department of Health, concerning the Minnesota Clean Indoor Air Act. A summary showing the proposed rule interpretation change of the Clean Indoor Air Act is attached (Exhibit E). In summary, it would require that air from a smoking section cannot be recirculated through the HVAC system into a non - smoking section, and that the air from a smoking section be exhausted directly to the outdoors. For restaurants, it would also require separated rooms, or airflow from a non - smoking section to the smoking section be maintained vs. the non - physical separation which is often ineffective at this time. For bars, there must be non - smoking sections, with 56" high barriers or 4' distance between smoking and non - smoking sections. Compliance for both of these would be within five years for existing establishment, and within two years for establishments opening after the date of this provision taking affect. To my knowledge, these changes have not yet been finalized by the Department of Health. LEGAL ISS The City Attorney has looked into the legality of a no smoking ordinance and has concluded that the City Council has the authority to adopt such an ordinance if they so choose to do. The City Attorney's opinion is consistent with an opinion earlier this year from the Minnesota Attorney's General office. A copy of the Attorney General's opinion is attached as Exhibit F. The Council needs to review this information, discuss, and give direction as to whether it wishes to have an ordinance drafted for consideration at a public hearing at a future City Council meeting. The Council should give direction as to what, if any action it wishes to see on this issue. I�Sl U % Mark McNeill City Administrator MM:th ATTACHED EXHIBITS EXHIBIT A Proposed by TFF EXHIBIT B Duluth Ordinance EXHIBIT C Moose Lake Ordinance EXHIBIT D Little Falls Ordinance EXHIBIT E Proposed Rules EXHIBIT F Attorney General's Opinion NOTE: Other correspondence on this subject is available from the City Administrator and has been provided to the City Council under separate cover. CITY • SHAKOPEE frdinance Eliminating Tobacco Use in Public Places This article shall be known as the Tobacco Pollution Control Ordinance. a 0 1 A M The City Council does hereby find that: The following words and phrases, whenever used in this article, shall be constructed as defined in this section: B. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structure. C. "Outdoor Sports and Recreational areas" means outdoor sports complexes, ballparks, beaches, fields, pavilions, parks, playground, roller and ice rinks, skateboard parks and walking/biking trails. D. "Public Place" means any enclosed, indoor area used by the general public, including but limited to, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, theaters and waiting rooms. A private residence is not a "public place". E. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeterias, and any other eating establishment which holds a food license as defined in MS 157.15 subd.5 and MS 157.16. The term "restaurant" shall not include a cocktail lounge or tavern is a "bar" as defined in Section 3. (A) F. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. G. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form. H. "Tobacco Use" means the use of any substance containing tobacco leaf, including, but not limited to cigarettes, cigars and smoking tobacco and smokeless tobacco. All enclosed facilities owned by the City of Shakopee shall be subject to the provisions of this article. A Smoking shall be prohibited in all enclosed public places within the City of Shakopee, including, but not limited to, the following places: h-I II I "M ONDMI Elks 0 14INUM Ge a Z, M=,�� 4. Citv owned outdoor sports and recreational areas B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a tobacco-free establishment. A Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Bars which meet that requirements of Section 3 (A) of this article. 2. Private residences, except when used as a child care, adult day care or health care facility. 3. Lodging establishment guest rooms designated by the operator to be smoking-permitted rooms. 4. Retail tobacco stores. 5. Restaurants, hotel and motel conference or meeting rooms, civic, fraternal, business and social clubs, and public and private assembly rooms while these place are being used for private functions, unless specified as tobacco-free by the owner or manager. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a tobacco-free establishment. B. Every public place where smoking is prohibited by this article shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. C. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this article by the owner, operator, manager or other person having control of such area. • A Enforcement of this article shall by implemented by the City Administrator or his • her disignee. B. Notice of the provision set forth in this article shall be given to all applicants for a business license in the City of Shakopee. C. Any citizen who desires to register a compliant under this chapter may initiate enforcement with the City Administrator or his or her designee. D. Any owner, manager, operator or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof. E. Notwithstanding any other provision of this article, a private citizen may bring legal action to enforce this article. F. Work place supervisors are responsible for securing compliance with this ordinance in areas under their supervision. Hill • ITCOYMMIMTO A It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions. B. It shall be unlawful for any person to use tobacco in any area where tobacco use is prohibited by the provisions of this article. violation of this article within one (1) year. D. Notwithstanding any other provision of this article, an employee or private citizen may bring legal action to enforce this article. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke-free environment afforded by this ordinance. ��Miil 11 111' W 9[ The City manager shall engage in a continuing program to explain and clarify the purposes and requirements of this ordinance to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. Such a program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance. - 1 • 1 : • �** M. Mi This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. wm�= If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable. This article shall be effective thirty (30) days from and after the date of its adoption. 11 -15 -00 10 -47 FROM: DULUTH CITY CLERKS OFFICE ID =216 723 3336 PAGE 1/4 ORDINANCE NO. 9448 AN ORDINANCE PERTAINING TO TEE REGULATION OF SMOKING IN PUBLIC PLACES; ADDING A NEW ARTICLE VII TO CHAPTER 28, DULUTH CITY CODE, 1959, AS AMENDED. BY PRESIDENT GILBERT AND COUNCILORS ECKENBERG AND NESS: The city of Duluth does ordain: Section 1. That a new Article VII be added to Chapter 28 of the Duluth City Code, 1959, as amended, to read as follows: Article VII. Smoking in Public Places_ section 28 -62. Findings of fact and statement of purpose. (a) The Duluth City Council finds the following facts to exist: (1) Tobacco smoke is a major contributor to indoor air pollution, and breathing second hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. A1any of these individu- als cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and (2) Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and (3) The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which there is no known safe level of exposure; (4) Consideration should be given to businesses who will experience undue economic hardship as a result of legislation prohibiting smoking in public places - Section 28 -63_ Definitions. For the purpose of this Article, the following words and phrases shall have the meanings given them in this section_ (a) Bar- Ear means any establishment or portion of an establishment where one can purchase an con alcoh olic beverages; II-IS-00 10:48 FROM =DULUTH CITY CLERKS OFFICE ID =218 723 3335 PAGE 2/4 (b) office. office means any building, structure or area used by the general public or serving as a place of work at which the principal activities consist of professional, clerical or administrative services. An office includes professional offices, offices in financial institutions, business offices, telemarketing offices and government offices; (c) Public conveyance. Public conveyance means any air, land or water vehicle used for the transportation of persons for compensation, including but not limited to airplanes, trains, buses, boats and taxis; (d) public place. Public place means any enclosed, indoor area used by the general public, including, but not limited to, restaurants, retail stores, offices and other commercial establish- ments, public conveyances, bars, hospitals, auditoriums, arenas, meeting rooms and common areas of hotels and motels, but excluding bowling alleys, pool halls and private, enclosed offices occupied exclusively by smokers even though such offices may be visited by nonsmokers; (e) Restaurant. Restaurant means anv building, structure or area used as, maintained as, advertised as or held out to the public for food service as defined in Minnesota Rules Part 4625.2401, Subpart 15, which requires licensure under Minnesota Statutes, Chapter 157, in consideration of payment other than a bar as defined in (a) above; (f) Retail store. Retail store means that portion of a commercial occupancy used for the transaction of business or the rendering of a service directly to the public, including shops, retail food stores, laundries or laundromats and department stores; (g) Room. Room means any indoor area bordered on all sides by a floor to ceiling wall. The sides must be continuous and solid except for closeable doors for entry and exit, except no closeable door shall be required to be installed on entries and exits that have historical significance as recognized by the Duluth heritage commission, and except that at such time as the IpreservaLionl council deems, by amendment of this ordinance [Az that sufficient scientific evidence supports the effectiveness of air 11 -15 -00 10 =48 FROM =DULUTH CITY CLERKS OFFICE ID =218 723 3335 PAGE 3/4 barriers or other technologies, said barriers or technologies may be substituted for walls; (h) Smoking. Smoking includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. Section 23 -64. Smoking prohibited in public places; exception_ No person shall smoke in any public place except those rooms constituting bars where persons under the age of 1 ^ o are not permitted to enter or remain, and except restaurants that have a .designated smoking area in a separate room, separately ventilated to the outside and constituting not more than 30 percent of the seating floor space and persons under the age of 13 are not permitted to enter or remain. Section 28 -65. Signage. Signs shall be posted in all public places informing the public of the smoking restrictions contained in this ordinance f .p.xticlel. The form and placement of the signs shall conform to Minnesota Rules Part 4620.0500. Section 25 -66. Loss of revenues; exemption. A restaurant which realizes a loss of sales, based upon sales tax receipts as compared to the same months the previous year, greater than 15 percent as a result of complying with the provision of this ordinance (Article} for one month or greater than ten percent for two consecutive months may make a request to the city council for an exception from this ordinance (Article)_ A request for an exception shall be automatically approved if it is not denied by the council within 30 days after its receipt by the city clerk. Section 2 8-67. Employees not required to enter bar area_ At public places that include both a restaurant and a bar, the owner shall not require nonsmoking employees to enter the bar area as part of the employee's duties without the employee's consent_ Section 28-69. Religious use of tobacco. This ordinance fArticle] shall not apply to the use of tobacco as part of recognized religious rituals or activities. Section 23 -69. Owners not obligated to enforce. II-IS-00 10 :49 FROM :DULUTH CITY CLERKS OFFICE ID :218 723 3336 PAGE 4/4 Nothing in this ordinance fArticle) shall be construed to im- pose any requirements to enforce this ordinance fArticlel upon owners of public places. Section 28 -70. Private clubs. No private club shall be established for the purpose of avoiding compliance with this ordinance [Article]. Section 2S -71. hours of application. Subject to the provisions of the Minnesota Clean Indoor ,Air Act, smoking may be allowed by the management at restaurants holding alcoholic beverage licenses or beer and wine licenses after 8:00 p.m. until 1:00 a.m_ Section 28 -72. penalty. Any person who violates this ordinance Mxti.clej shall be subject to the penalty set out in Section 1 -7 of the Duluth City Code, as amended, or its successor. Section 2. That this ordinance shall take effect and be in force on January 1, 2001. (Effective date: January 1, 2001) President Gilbert moved passage of the ordinance, as amended, and the same was adopted upon the following vote: Yeas: Councilors Eckenberg, Fena, Hogg, .Ness, Stover and President Gilbert -- 6 Nays: councilors Edwards, Stenberg and Stewart -- 3 ATTEST: Passed June 12, 2000 Approved June 12, 2000 JEFFREY J. COx, City Clerk GARY L. DOTY, Mayor 4 Research and Information Service ORDINANCE NO. 138 i CITY OF MOOSE LAKE, - €, MINNESOTA ? AN ORDINANCE PERTAINING TO THE'REGULATION OF SMOKING IN RESTAURANTS BE.. IT - .ORDAINED BY THE CITY COUNCIL, CITY OF MOOSE LAKE: SECTION 1: TITLE This ordinance shall be known as: the City of Moose Lake Smoke Free Res au- rant.Otdinance. SECTION 2: FINDINGS OFFACTAND PURPOSE 'Tobacco smoke is.a major contributor to indoor air pollution, and breathing sec - ondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease, `i and individuals with impaired, respiratory function in asthmatics and those With obstructive airway disease; and Health hazards induced by breathing second -hand smoke include, but are not limited to, lung cancer, heart disease, res- piratory infection and decreased respira- tory function. The simple separation of smokers and nonsmokers within the same air space s may reduce, but does not eliminate, the exposure of nonsmokers to environmen- tal tobacco smoke. Accordingly, the City Council finds and declares that the purposes of this ordi- nance are to protect the public health and welfare by prohibiting smoking in restau- rants and to guarantee the right of non- smokers to breathe smoke -free air, and to recognize thatthe need to breathe smoke - free airshall have a priority over the desire to smoke. SECTION 3: DEFINITIONS' The following words and phrases, whenever used in this ordinance shall be construed as defined in this section: Subdivision 1. Bar. Bar means an area, which is devoted to serving alcoholic beverages and in which serving food is only incidental to the consumption of such beverage j Subd. 2. Restaurant. 'Restaurant' means any eating establishment, includ- ing without limitation, any coffee shop, cafeteria, takeout deli, cafe; sandwich shop, bakery, orotherestablishmentserv- ing food to members of the public, except that the term `restaurant' shall not include a 'bar' as defined herein. Subo.3. Smoking. 'Smoking' means the inhaling, exhaling or combustion of any cigar, cigarette, pipe tobacco prod- uct, vyed, plant or any other similar ar- ticle._ . Si_. 4. Tobacco product. `Tobacco ub prgcluct? means any substance containing tobad — c* 61eaf, including, -but not limited to cigarettes, cigars and smoking tobacco. SECTION - .SMOKING PROHIBITED RJESTAURANTS Smoking is prohibited in all restaurants in the City of Moose Lake - SECTION 5. POSTING OF SIGNS REQUIRED Wherever this ordinance prohibits smoking; conspicuous signs shall be posted so stating, containing all capital lettering notless than one -inch in height, on a contrasting background. Signs of similar size containing the international 'no smoking "symbol consisting of a picto- rial representation of a burning cigarette enclosed in, a red , circle with a red bar across it may be used in addition to or in . lieu of anysigns required hereunder. Such signs shall be placed by the owner, opera- tor, manager, or other persons having control of such room, building, or other place where smoking is prohibited. Signs placed at each entrance of building in which smoking is totally prohibited shall be sufficient. Signs prohibiting smoking shall be posted and maintained at the expense of the owners of restaurants af- fected hereunder. SECTION 6. VIOLATION AND PEN- ALTIES Subdivision 1. It shall be unlawful for any person who owns, manages, oper- ates or otherwise controls the use of any premises subject to regulation under this ordinance to .fail to comply with any of its provisions. Subd. 2. It shall be unlawful tot any person to smoke in any area where smok- ing is prohibited by the provisions of this ordinance and where signage required under Section 5. is posted. -Subd. 3. Any person violating this ordi- nance, shall, upon conviction for the first offense, be guilty of a petty misdemeanor and subject to a fine not to exceed the maximum allowed under State law. Sub- sequent violations of this ordinance by any person convicted of a first violation shall constitute a misdemeanor, and upon conviction, be'punishable by a fine and/or imprisonment in an amount or for a term not to exceed the maximums allowed by State law, plus costs of prosecution. Each act. of violation constitutes a sepa- rate offense. , SECTION 7. OTHER APPLICABLE LAWS This ordinance is.intended to comple- ment the Minnesota Clean Indoor Air Act, Minn. Stat: §§ 144.411 to 144.417. This ordinance shall .not be interpreted or con- strued to permit smoking where it is other- wise restricted by other applicable laws. SECTION 8. SEVERABILITY If -any provision, clause, sentence or paragraph of this ordinance orthe applica= tion thereof to any person orcircumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordi- nance -which can be given effect without the invalid provision or application, and to this end the provisions of fft ordinance are declared severable. SECTION 9. EFFECTIVE DATE This ordinance shall take effect and be in force. August 1, 2000, after its adoption and publication. Passed by the City Council of the City of. Moose Lake, Minnesota this 1- 2th-dtiy -of -July ,2000: Clayton C. Hartman Mayor ATTEST: David R. Talbot, Jr. City Administra- tor Published in the Arrowhead Leader on July 18, 2000. 5 t��r' j 3 20c T City of Little Falls EXHIBIT D . I • THE CITY OF LITTLE FALLS ORDAINS: Section 1: Little Falls City Code Chapter 10, entitled "Public Protection, Crimes and Offenses ", Section 10.03, entitled "Prohibiting Smoking in Restaurants, City Buildings and Vehicles ", is hereby adopted to read in its entirety as follows: SEC. 10 ..03. PROHIBITING SMOKING RESTAURANTS BUILDINGS • Subd. 1. Findings of Fact and Purpose: The City Council finds that the presence of secondhand tobacco smoke in restaurants, City buildings and vehicles is a serious health risk for persons exposed to secondhand smoke and that it effectively deprives many nonsmokers of their right of access to said premises. Specifically, the City Council finds that the United States Environmental Protection Agency classifies secondhand, or "environmental" tobacco smoke as a Class A carcinogen responsible for the death of over 55,000 non - smoking Americans each year; that studies have found a causal connection between exposure to secondhand smoke and Sudden Infant Death Syndrome; that children's exposure to secondhand smoke increases their risk of bronchitis, pneumonia and middle ear disease; that exposure to secondhand smoke is an important cause of cardio-pulmonary disease in adults; and that current methods of separating designatdd smoking areas and non - smoking areas in restaurants do not adequately protect nonsmokers. The Council further finds that smoking ` contributes to litter, increases the costs of maintaining public places, increases the danger of fire in both indoor and outdoor spaces, and constitutes a potential future source of liability to the City and those restaurants allowing smoking. Accordingly, the City Council finds and declares that the purposes of this Chapter are to protect the public health and welfare by prohibiting smoking in restaurants, City buildings and vehicles and to guarantee the right of citizens to breathe - smoke -free air, and to recognize that the need to breathe smoke -free air shall have a priority over the desire to smoke. - Subd. Z. Definitions: RESTAURANT Any eating establishment, including without limitation, any coffee shop, cafeteria, take -out deli, cafe, sandwich shop, bakery, or other establishment serving food to members of the public, w s except that the term "restaurant" shall not include a "bar" as defined herein. CITY BUILDINGS AND VEHICLES Any City -owned building, including offices and all rooms inside the building, all City -owned vehicles including police, and fire vehicles. .7 SMOKING TOBACCO PRODUCTS An establishment, separate than a restaurant, devoted to serving alcoholic beverages and in which serving food is only incidental to the consumption of such beverages. The inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, weed, plant or any other similar article. Any substance containing tobacco leaf, including, but not limited to cigarettes, cigars, pipe tobacco, and smokeless tobacco. Subd. 3. Smoking in Restaurants and City Building and Vehicles: Smoking is hereby prohibited in all restaurants in the City of Little Falls and in all buildings and vehicles owned by the City of Little Falls. Subd. 4. Posting of Signs Requires: Wherever this Chapter prohibits smoking, conspicuous signs shall be posted so stating, containing all capital lettering not less than one -inch in height, on a contrasting background. Signs of similar size containing the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be used in addition to or in lieu of any signs required hereunder. Such signs shall be placed by the owner, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited. Signs shall be placed at each entrance of building in which smoking is totally prohibited. Subd. 5. No Retaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke -free environment afforded by this Chapter. Subd. 6. Other Applicable Laws. This Chapter is intended to complement the Minnesota Clean Indoor Air Act, Minn. Stat. 144.411 to 144.417. This Chapter shall not be interpreted or constructed to permit smoking where it is otherwise restricted by this or other applicable laws. Section 2. Little Falls City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation'; and Little Falls City Code, Chapter 10, Section 10.99, entitled 'Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication. Adopted by the City Council of the City of Little Falls this — day of , 2000, by the following vote: Voting in favor: Voting against: Michael C. Doucette Council President ATTEST: Richard N. Carlson City Administrator Approved this _ day of , 2000. Ron Hinnenkamp Mayor of Said City (SEAL) 1, SUMMARY OF DEPARTMENT " .,, OF HEALTH PROPOSED RULES MINNESOTA CLEAN INDOOR AIR ACT Background: The Minnesota Department of Health has the authority as a state agency to draft rules interpreting a state law; the Department of Health cannot change the law but rather explain how it is to be administered and enforced. For the past year, the Department of Health, along with a task force comprised of business representatives and anti - smoking group representatives, has been reviewing the Minnesota Clean Indoor Air Act. Within the next two months, the Department of Health will be publishing for public comment the proposed rule changes for the Minnesota Clean Indoor Air Act. The public will have 30 days to comment on the rules. The Governor must first approve the proposed rules before they are published for public comment. If adopted, the rules will be a statewide, uniform standard governing smoking and non - smoking sections for all bars and restaurants. Bars defined as: A. Seating for no more than 50 people B. Serve only "limited" food menu which includes frozen pizza and prepackaged sandwiches which need to be heated. C. Bars must have non - smoking sections, 56" high barrier or 4' distance between smoking and non - smoking sections. D. Definition and requirements must be complied with by bars within 5 years for existing bars and within 2 years for bars opening after date rules are adopted. E. Bars seating more than 50 people and serving more than a "limited" food menu are classified as restaurants. Restaurant proposed rules: A. Restaurants include bars seating more than 50 patrons and serving more than a "limited" food menu. B. Air from smoking section cannot be recirculated through HVAC system into non- smoking section. C. Air from smoking section must be exhausted directly to outdoors. D. Solid floor to ceiling wall with closed doors between smoking and non - smoking areas or Air flow maintained in one direction from non - smoking section into smoking section. E. Requirements for restaurants and bars must be complied with by restaurants and bars within 5 years for existing establishments and within 2 years for establishments opening after date rules take effect. Major Changes to Rule Parts Minnesota Clean Indoor Air Act Definitions: Changes and Additions Changes to: Actual changes Acceptable nonsmoking 1. Clarification on where the measurement for the 56 inch high area barrier option is to be taken (highest adjacent floor surface) 2_ References to "smoking-permitted area" are replaced by the term "smoking areas" to avoid confusion with the new definition of "smoking- permitted area" 3. Verification procedure for ventilation rate provided Bar 1 _ Re- written in a positive context (you are a bar if...) 2. Corrects citation to food code 3. Uses phrasing from food code for size limitation (maximum patron seating capacity of not more than 50) 4_ Limits the scope of "bars" to those places that: A. Have a maximum patron seating capacity of not more than 50 and alcoholic beverage service, other than beer or wine table service, as defined in Minnesota Statutes, section 157.16, subdivision 3, paragraph (d), clause (7) "where alcoholic mixed drinks are served or where beer or wine are served from a bar. ", or; B_ Have a limited food menu selection, as defined in Minnesota Statutes, section 157.16, subdivision 3, paragraph (d), clause (1) "limited food menu selection means a fee category that provides one or more of the following: (i) prepackaged food that receives heat treatment and is served in the package; (ii) frozen pizza that is heated and served; (iii) continental breakfast such as rolls, coffee, juice, milk, and cold cereal; (iv) soft drinks, coffee, or nonalcoholic beverages; or (v) cleaning for eating, drinking, or cooking utensils, when the only food served is prepared offsite." Environmental tobacco 1. Changes to more accurately reflect the generally accepted smoke meaning of the term Office 1. Clarifies that the listed examples are not all inclusive Minnesota Department of Health August 23, 2000 Page 1 of 6 Private enclosed office 1. Clarifies that one, and only one, individual shall be assigned to an office to qualify for the exemption Restaurant 1. References the food code, with the additional requirement that food service must be provided in consideration of payment: Minnesota Statutes, section 157.15, subdivision 12, Restaurant "means a food and beverage service establishment, whether the establishment serves alcoholic or non alcoholic beverages, which operates from a location for more than 21 days annually_ Restaurant does not include a food cart" Minnesota Statutes 157. 15, subdivision 5, Food and beverage service establishment "means a building, structure, enclosure, or any part of a building, structure, or enclosure used as, maintained as, advertised as, or held out to be an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption." Smoke -free area (New) 1. Defines an area free of environmental tobacco smoke A. Building where smoking is prohibited B. Area separated from smoking permitted areas by conditions described in definition of "smoking-permitted area" 2. Phased -in as new rule parts come into effect Smoking permitted 1. New, more protective methods of controlling environmental area (New) tobacco smoke A. Area maintained at a negative pressure with respect to adjacent or connected smoke -free areas B. Air from smoking permitted area not recirculated into smoke -free areas C. Air from smoking - permitted area exhausted directly to outdoors D. One of the following L Continuous physical barrier with closed doors separating smoke -free and smoking - permitted areas ii. Unidirectional air flow from smoke -free into smoking - permitted area 2. Phased -in as new rule parts come into effect Minnesota Department of Health Page 2 of 6 Draft 7/24/00 Smoking area (New) I . Defined as an area in which smoking is permitted but the area does not meet the definition of a smoking- permitted area 2. Necessary for phase -in Common areas (New) I. Pulled from current rule part into definitions Retail tobacco store 1 _ Defines retail tobacco stores for the purposes of the exemption (New) that will be granted to these establishments. (Main purpose is the sale of tobacco products, shown by gross sales of over 90% tobacco related products) Minnesota Department of Health Page 3 of 6 Draft 7/24/00 Requirements of the Mule if Adopted as Drafted The proposed rule utilizes a "phasing -in" approach to implementing more protective standards for control of environmental tobacco smoke in public places. The timeline for phasing in the more protective requirements in specific types of public places is indicated in the table below. Type of Facility Requirements Phase -in Time Public Conveyances Same requirements as current rule, with Upon adoption minor revisions (ventilation option removed due to impracticality) Health Care Facilities Adopting MDH Facility and Provider Upon adoption Compliance regulations Office Buildings, Smoking limited to private enclosed offices, 1 year from date Factories, Warehouses or lunchrooms /lounges and designated of adoption Similar Places of Work smoking - permitted areas (if lunchroom/ lounge is not available) that meet new minimum standards for control of environmental tobacco smoke. Restaurants constructed Smoking limited to smoking-permitted 5 years from date prior to the adoption date areas of the dining area, employee of adoption lunchrooms /lounges, private enclosed offices and common areas that meet new minimum standards for control of environmental tobacco smoke. Facilities with seating of not more than 50 comply with current separation requirements: A. Contiguous area measuring a minimum of 200 square feet separated by one of the following; B. a 56 inch high barrier, a four foot horizontal space, C. ventilation rate of not less than 15 cubic feet per minute per person. Minnesota Department of Health Page 4 of 6 Draft 7/24/00 Restaurants constructed Smoking limited to smoking- permitted 2 years from date after the adoption date areas of the dining area, employee of adoption lunchrooms /lounges, private enclosed offices and common areas that meet new minimum standards for control of environmental tobacco smoke. Facilities with seating of not more than 50 comply with current separation requirements: A. Contiguous area measuring a minimum of 200 square feet separated by one of the following; B. a 56 inch high barrier, a four foot horizontal space, C. ventilation rate of not less than 15 cubic feet per minute per person. Bars constructed prior to Smoking limited in employee areas to areas 5 years from date the adoption date that meet new minimum standards for of adoption control of environmental tobacco smoke. Bars constructed after the Smoking limited in employee areas to areas 2 years from date adoption date that meet new minimum standards for of adoption control of environmental tobacco smoke. Hotels, Motels, Resorts Smoking limited to private enclosed offices, 5 years from date and Other Public Places lunchrooms /lounges and designated of adoption constructed prior to the smoking- permitted areas. Must meet new adoption date minimum standards for control of environmental tobacco smoke. Theatrical production sites exempt. Hotels, Motels, Resorts Smoking limited to private enclosed offices, 2 years from date and Other Public Places lunchrooms /lounges and designated of adoption constructed after the smoking - permitted areas that meet new adoption date minimum standards for control of environmental tobacco smoke. Theatrical production sites exempt. Minnesota Department of Health Page 5 of 6 Draft 7/24/00 Retail Stores constructed Smoking limited to private enclosed offices. 5 years from date prior to the adoption date lunchrooms /lounges and designated of adoption smoking- permitted areas_ Smoking permitted if the same goods and services are provided in a smoke -free area. Must meet new minimum standards for control of environmental tobacco smoke. Customer areas of retail tobacco stores exempt. Retail Stores constructed Smoking limited to private enclosed offices, 2 years from date after the adoption date lunchrooms /lounges and designated of adoption smoking - permitted areas. Smoking permitted if the same goods and services are provided in a smoke -free area. Must meet new minimum standards for control of environmental tobacco smoke. Customer areas of retail tobacco stores exempt. Draft 7/12/00 Page 6 of 6 MDH EXHIBIT F CITIES: ORDINANCES: PREEMPTION: A city may completely prohibit smoking in restaurants under its general police powers. The Minnesota Clean Indoor Air Act expressly preserves the authority of cities to ban smoking where the Act, and Health Department rules promulgated thereunder, would otherwise allow designation of smoking areas by the proprietor. 62b (Cr. Ref. 477b) May 4, 2000 Mr. Peter Vogel Rosenmeier, Anderson & Vogel 210 Second Street N.E. Little Falls, MN 56345 Dear Mr. Vogel: You are an attorney representing the City of Little Falls, Minnesota. The City Council is considering whether it can adopt an ordinance, pursuant to its general police power, to prohibit the smoking of tobacco in restaurants. In a letter to the Attorney General you submit the following: Question Do Minnesota Statues which authorize the regulation of smoking in restaurants by the Department of Health preempt a complete ban on smoking in restaurants by local ordinance? Opinion We answer your question in the negative. While the legislature has addressed smoking in restaurants and other public places under the Minnesota Clean Indoor Air Act, Minn. Stat. §§ 144.411 - 144.417 (Supp.1999), it did so while expressly preserving the power of local government to impose more stringent smoking limitations. The authority for local regulation of smoking and of tobacco products in this state has long been established. In upholding a conviction of a cigarette wholesaler for violating a Minneapolis licensing ordinance, the Minnesota Supreme Court observed: The police power of the legislature in these respects has never been successfully questioned. Both the state and its municipalities have a wide discretion in resorting to that power for the purpose of preserving public health, safety, and morals, or abating public nuisances. Cigarettes being a proper field of regulation under the police power, a city or village may operate in that field under the general welfare clause of its charter unless excluded therefrom by express legislative enactment. State v. The Crabtree Co ., 218 Minn. 36, 40, 15 N.W.2d 98, 100 (Minn. 1944). (Citation omitted.) The state first entered into regulation of second-hand smoke (now called "environmental tobacco smoke ") with the 1975 enactment of the Minnesota Clean Indoor Air Act (CIAA), Minn. Laws 1975, ch. 211. Examination of the CIAA, and rules promulgated by the Commissioner of Health pursuant to the CIAA, indicate that these state restrictions on smoking in restaurants do not preempt local ordinances which prohibit smoking in restaurants. The CIAA's stated purpose "is to protect the public health, comfort and environment by prohibiting smoking in areas where children or ill or injured persons are present, and by limiting smoking in public places and at public meetings to designated smoking areas." Minn. Stat. § 144.412. "Public places" are broadly defined in Minn. Stat. § 144.413, subd. 2, and include restaurants. Section 144.414, subd. 1, provides: "No person shall smoke in a public place or at a public meeting except in designated smoking areas." Subdivisions 2 and 3 (a) of § 144.414 describe areas where smoking is unconditionally prohibited. For other public places, including restaurants, § 144.415 provides (emphasis added): Smoking areas may be designated by proprietors or other persons in charge of public places, except in places in which smoking is prohibited by the fire marshal or by other law, ordinance or rule. The Health Department rules implementing the CIAA repeat the exception established in § 144.415: Nothing in parts 4620.0050 to 4620.1500 shall be construed to affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations. Minn. R. 4620.0050 (1999) The above provisions establish a general prohibition on smoking in public places with an exception for designated smoking areas in restaurants and certain other facilities if proprietors wish to have them and if they satisfy the requirements of both Minn. Stat. § 144.415 and of the Health Department rules. This exception, however, can be overruled by fire marshal action, or by other law, ordinance, or rule. In other words, a local government can by ordinance negate a proprietor's ability under the CIAA to designate smoking areas in a restaurant. In light of this express legislative direction and the well- established power of municipalities to regulate smoking under their police powers, we do not believe there is a need to engage in a preemption analysis to determine whether state law "occupies the field" or implicitly prohibits conflicting or inconsistent local regulation. See Mangold Midwest Co. v. Village of Richfield , 274 Minn 347, 143 N.W.2d 813 (Minn. 1966). That analysis need only be employed when the intent of the legislature as to local regulation of the same subject must be inferred from the context of the legislation. In this case, the legislature, by enacting Minn. Stat. 144.415, has expressly preserved the power of local governments to prohibit smoking in those public places which the CIAA otherwise leaves open for proprietor- designated smoking areas. Thus, we conclude that an ordinance which prohibits the smoking of tobacco any place in a public restaurant is consistent with state law and not preempted by it. Very truly yours, MIKE HATCH Attorney General cc: Stephen Shakman City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tracy Coenen, Management Assistant SUBJECT: RFQ — Architectural Design Services MEETING DATE: November 21, 2000 Introduction CG� i , isENT The City Council is asked to approve the RFQ for architectural services for the new public library. Background City Council accepted the Library Committee's timeframe for the new library on October 17. In order to proceed with the building of the new library, the Library Committee needs to obtain statement of qualifications from interested architectural firms. Action Required Council is asked accept or decline the RFQ for architectural services for the new library. Tracy Coenen Management Assistant bFS t r I il lij 11 lite, misli f. •> BEGIN CONSTRUCTION CONSTRUCTION COMPLETE FALL 2001 JANUARY/FEB. 2003 STATEMENT OF QUALIFICATION MUST INCLUDE THE FOLLOWING ELEMENTS: 1. Letter of interest. 2. Demonstration and recognition of accomplished design excellence in public sector buildings. 3. Experience of the firm as lead architect with buildings of similar scale, complexity, and budget, emphasizing firm's record of meeting estimated budgets and timeframes. 4. Identify the structure of the firm; individual, corporation, partnership, other. 5. Identification and resumes of personnel to be directly involved in this project: principal, project architect, others expected to perform work, including those in affiliation. 6. Evidence that the architects and architectural firm are 1) registered in Minnesota 2) meet requirements for insurance specified by County Risk Management. 7. Identify current workload of firm and personnel assigned to project as well as proposed completion date and estimated construction cost. Include name, type, location, owner, firm's role, estimated cost and expected completion date for each. 8. Identify future projects now under contract to your firm or reasonably expected within the next six (6) months. Include name, type, location, owner, firm's role, estimated cost and expected completion date for each. 9. Experience of the firm with libraries. Please list the public library designed/built by the firm. List the public library buildings involving proposed or project manager or architect. Provide a detailed description of the role. 10. Experience of the proposed personnel with similar facilities, emphasizing similar budgets and schedules. 11. Demonstrated experience of the firm's design and project management philosophy. 12. Indicate if your firm has worked with a Professional Construction manager. Does your firm take a position on the desirability of using Professional Construction management for library projects, please elaborate fully on your firm's management philosophy with regards to Professional Construction management usage. 13. References and authorization to contact them from recent similar projects, to include: personnel, citizen participant, contractor's project manager. 7. History of effective schedule and budget management for buildings of similar scale and budget. 8. Availability of sufficient qualified staff to the project throughout its development. Public interest in the new Shakopee Public Library runs high, as well as excitement and interest on the part of the Scott County Library staff that will operate the library after its completion. Interested firms must be able to demonstrate successful experience with public involvement in a project's design, should have experience working with staff at many levels in facility planning, and expect open community review throughout the Shakopee Public Library design phases. City of Shakopee staff, Scott County Library staff, and the Shakopee Library Committee will engage in community communications to plan and coordinate public involvement. This is a two -step process. Written Statements of Qualifications will be due by 11:00 a.m. Monday December 11, 2000 to the City Administrator's Office, 129 South Holmes Street Shakopee, MN 55379. The Shakopee Library Committee made up of City and County staff, Library Committee Chairperson, appointed Library Committee members, the County Library Director will review the submittals and inform the City Council of the short list of firms selected. A letter will notify all submitting firms of those firms selected for participation in the second step. The letter will contain specific instructions for the second step. Additional information and preliminary response to the library's program or site may be required of firms selected for the second stage of consideration. The Library Committee recommends the final selection of the architectural firm to the Shakopee City Council. Ten (10) copies of the complete Statement of Qualifications must be received no later than 11:00 a.m. Monday December 11, 2000. Statements of Qualifications should be delivered to: Ms. Tracy J. Coenen, Management Assistant City of Shakopee 129 South Holmes Street Shakopee, MN 55379 ADDITIONAL, INFORMATION Interested firms are encouraged to request additional information. Community information is available on Shakopee's web site at www.ci.shakopee.mn.us or www.scott.lib.mn.us Specific questions regarding this announcement, and the Statements of Qualifications, should be directed to: Ms. Tracy J. Coenen, Management Assistant City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952- 496 -9673, tcoenen @ci.shakopee.mn.us r CITY OF SHAKOPEE RLfemnrandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Gorman Street Property Condemnation DATE: November 15, 2000 '11 1 The Council is asked to authorize condemnation proceedings to commence, so as to acquire a 4.39 acre piece of property owned by Philip Bifulk and Century Plaza Partnership, for use as a future police station site. Previously, the Council has authorized an appraisal be performed, and that the resulting property value amount be submitted to the owners of the 4.39 acre parcel of land across Gorman Street from the existing Public Works/Police building, as an offer to buy. The property would be used for a future police station. The appraisal value was established at $420,000, with the seller to pay the $123,831 of assessments for Gorman Street and utilities. This was submitted to the agent listing the property. On behalf of his clients, he responded that they were holding to the listed price of $489,000, plus the buyer picking up the assessments. Therefore, we are approximately $194,000 apart. I explained to the agents that the standard procedure for the City would be to proceed to condemnation. That is acceptable to the owners. The City Attorney has prepared the necessary documents to proceed with this. If approved by the Council, a District Court Judge will appoint a three- member panel of individuals who are well versed in real estate knowledge and values, and who will determine a price after reviewing information from both sides. The City is not obligated to buy the property once that price is established; however, it may need to reimburse the condemnee for any expenses incurred as a result of the action if a purchase is not made. 1l I►I I U 1 .- 1 If the Council wishes to proceed with this as the first step of the acquisition of that property, it should authorize the condemnation proceedings to begin. If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5448 RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY BY EMINENT DOMAIN Mark McNeill City Administrator RESOLUTION NO. `5 4 4 8 ' •'' C II ,1§1jQUVrAjj WHEREAS, the City of Shakopee is a municipal corporation organized and operating under Minnesota law, and is authorized by Minnesota Statutes Sections 412.211 and 465.01 to acquire private property for an authorized public purpose, using the procedure prescribed by Minnesota Statutes, Chapter 117; and WHEREAS, the City has identified the need to acquire fee simple title to certain real property located in the City of Shakopee and legally described on the attached Exhibit A (the "Property ") for purposes of future construction of a police facility; and WHEREAS, the City staff has been unable to obtain a negotiated agreement with the owner of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee: The City Council makes the following findings of fact: a. The current police facility is inadequate to accommodate the future needs of the city, and it is necessary and desirable that the City plan for the future construction of a new police facility. b. The City has identified property at 330 Gorman Street as the preferred location for the future police facility. C. The real property described on the attached Exhibit A (the "Property ") is available for sale, but the City staff has been unable to reach a negotiated agreement for the purchase of the Property. 2. The City Council determines that it is necessary, convenient and reasonable to acquire fee simple absolute title to the Property. 3. The City Attorney is authorized and directed on behalf of the City to acquire fee simple title to the Property described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. 4. The Property to be acquired is described on the attached Exhibit A. CAH- 188676v1 SH155 -98 Dated: , 2000. Jon Brekke, Mayor ATTEST: Judy Cox, City Clerk CAH- 188676v1 SH155 -98 MIN 1 4 , 11 i; Outlot A of Century Plaza Square, 1 Addition. PID # 27- 906032 -0 NE 1 /4 of the SW 1 /4 Section 6 Township 115 Range 22 commencing at the North line of S 1/4 of Section 6, then S 521.5 feet and West 35 feet to the point of beginning; thence W 147 feet; thence S 150 feet; thence E 146 feet; thence N 150 feet to the point of beginning. CAH- 188676vl A -1 SH155 -98 U Me ssner Appraisals, Inc.. Valuation Consultants (952) 895 -1205 FAX (952) 895 -1521 September 29, 2000 City of Shakopee 129 Holmes Street South Shakopee, MN 55379 ATTN: Mr. Mark McNeill El RE: Limited Appraisal, Summary Report Vacant Land Gorman Street, 330 Feet South of 4th Avenue Shakopee, Minnesota Dear Mr. McNeill: At your request, we have made a limited appraisal of the above captioned property for the purpose of estimating its fee simple market value. The function of this appraisal is to provide valuation guidance for possible acquisition of the subject property. This limited appraisal has been set forth in a summary reporting format. This report is limited in both the scope of data researched and the depth of analysis. An analysis of far greater depth would have to be performed before a complete appraisal could be rendered on this property. As a summary report the data, analysis and conclusions will be only briefly summarized. In this report, we have invoked the Departure Rule of Uniform` Standards of Professional _ Appraisal Practice (USPAP). In broad terms, we have departed as follows:-= ® The scope of research and depth of analysis are not; sufficient to be - considered a complete appraisal of this property: Based upon the inspection of the property and consideration of the many factors influencing market value, it is our opinion that the subject's most probable market value, as of September 26, 2000 is $420,000. FOUR HUNDRED TWENTY THOUSAND DOLLARS z� TWIN CITIES OFFICE: Skyline Square Building, Suite 220 12940 Harriet Avenue South Burnsville, MN 55337 ROCHESTER OFFICE: (507) 252 -1615 P.O. Box 7343 Rochester, MN 55903 2,134; E7 The above value estimate assumes that unpaid special assessments (levied and /or pending) are paid in full by the seller. It should be noted that this letter does not qualify as an appraisal, and that the reader is directed to the following report for the data, analysis and conclusions that support this value estimate. This summary report 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. The undersigned appraiser certifies that he has investigated information believed to be pertinent to the valuation of the property and to the best of his knowledge and belief, the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. Certified to this 29th day of September, 2000 U t: PATCHIN MESSNER APPRAISALS, INC. )aso L Messner, MAI Minnesota General License #4000836 Patchin Messner Appraisals, Inc. 20064 iv E SUMMARY OF SALIENT FACTS AND CONCLUSIONS Fee Owner: Location: Date of Appraisal: Date of Inspection: Property Appraised: Property Rights Appraised Zoning: Site Area: Highest & Best Use Value Conclusion: t El U [7 PID #27- 090002 -0: Philip Bifulk PID #27- 906032 -0: Century Plaza Partnership Gorman Street 330 Feet South of 4th Avenue Shakopee, Minnesota September 26, 2000 September 26, 2000 Vacant Land Fee Simple Market Value B -1, Highway Business Zone 4.39 Acres, or 191,228 SF (Based on data provided by client.) High Density Residential Development consistent with the Comprehensive Guide Plan. $420,000 Patchin Messner Appraisals, Inc. Valuation Consultants 20064 The property appraised is 4.39 acres of land located in Shakopee, Minnesota. 1 This document is intended to provide a "Limited Appraisal" of the real property, and has been conducted in accordance with the Uniform Standards of Professional Appraisal Practice and of the Appraisal Institute. The data and analysis provided in this "Summary Report" provide the basis for our value conclusions. This appraisal departs from the Uniform Standards of Professional Appraisal Practice (USPAP) as follows: ® The scope of research and depth of analysis are not sufficient to be considered a complete appraisal of this property. This appraisal includes the valuation of the land only. In our analysis we have examined the following data and concepts pertaining to the subject property. 1. Physical characteristics of real property including: Inspection of the subject. Review of available plat maps. Observation of the local market and the subject's place within this market. 2. Non - physical characteristics of real property including: Property rights. Legal descriptions. Assessment data. Zoning. Patchin Messner Appraisals, Inc. Valuation Consultants 20064 SCOPE OF THE APPRAISAL 3. Observations and data concerning the subject property's market and transactions within this market: Sales of land. Observed health of market. Supply /demand. Financing available within the market. Perception of the market as to the future. From the above data and concepts, we have made the following analysis. The Highest and Best Use of the subject property is analyzed. The appropriate approaches are applied in valuing the property. (See the Appraisal Procedures and Techniques sections of this report for explanations of the approaches to value.) The value conclusions are correlated into a final value estimate. The effective date of this appraisal is September 26, 2000. The subject was inspected on September 26, 2000. 2 The property is currently owned by Philip Bifulk and Century Plaza Partnership according to Scott County Records. Patchin Messner Appraisals, Inc. Valuation Consultants 20064 SALES HISTORY 3 There have been no disclosed sales of the subject property in the three years preceding the date of value. The subject property is currently listed for sale at $489,000. EXPOSURE TIME Considering the subject's property type, location and appeal, we estimate a likely exposure time for the real estate of 3 to 9 months in order to achieve the value stated in this report. The purpose of this limited appraisal is to estimate the market value of the fee simple interest of the subject property. I1gIna�1�I.Y The intended use of this appraisal is to provide valuation guidance for the possible acquisition of the subject property by the City of Shakopee (the Intended User of this report). Patchin Messner Appraisals, Inc. Valuation Consultants 20064 PID and Legal Descriptions: #27- 090002 -0 Outlot A in Century Plaza Square, 1st Addition. #27- 906032 -0 NE % of the SW % Section 6 Township 115 Range 22 commencing at the North line of 5114 of Section 6, then S 521.5 feet and West 35 feet to the point of beginning; thence W 147 feet; thence S ISO feet; thence E 146 feet; thence N 150 feet to the point of beginning. TAX AND ASSESSMENT DATA TAX AND ASSESSMENT DATA Property Identification # 27- 090002 -0 27- 906032 -0 Total Address Unassigned Unassigned 1998 Assessor's Market Value Land $119,300 $22,000 $141,300 Improvements $0 $0 $0 Total $119,300 $22,000 $141,300 Real Estate Taxes Payable 1999 General Taxes $4,078.00 $1,062.00 $5,140.00 Special Assessments $0.00 $0.00 $0.00 Total $4,078.00 $1,062.00 $5,140.00 Effective Tax Rate 3.42% 4.83% 3.64% 1999 Assessor's Market Value Land $133,100 $22,000 $155,100 Improvements $0 $0 $0 Total $133,100 $22,000 $155,100 Real Estate Taxes Payable 2000 General Taxes $4,118.00 $948.00 $5,066.00 Special Assessments $0.00 $0.00 $0.00 Total $4,118.00 $948.00 $5,066.00 Effective Tax Rate 3.09% 4.31% 3.27% 2000 Assessor's Market Value Land $133,100 $22,000 $155,100 Improvements $0 $0 $0 Total $133,100 $22,000 $155,100 PENDING SPECIAL ASSESSMENTS 2001 GORMAN ST PROJECT $98,801.00 $25,030.00 $123,831.00 -rJ �? "�-f La ,f i .�. , - Patchin Messner Appraisals, Inc. Valuation Consultants V111 I SUBJECT ZONING MAP I CM OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Data Practices Compliance Official DATE: November 15, 2000 INTRODUCTION: lS F S, City Council is asked to adopt Resolution No. 5454, appointing the City Administrator as the City's data practices compliance official. BACKGROUND: The 2000 Legislature approved a change to the Government Data Practices Act requiring state and local units of government to designate an employee as the data practices compliance official. This employee would be the person to whom persons would present questions or concerns regarding problems in obtaining access to data or other data practices issues. The Legislature also provided that the city's responsible authority may be the data practices compliance official. The City Administrator has been designated as responsibility authority for the City of Shakopee. As such, he is responsible for the collection, use, and dissemination of the City's data. ALTERNATIVES AND RECOMMENDATION: After contacting a number of cities, staff has learned that other cities are appointing the city attorney, city administrator or city clerk as the data practices compliance official. The City Administrator and the City Clerk recommend that the City Administrator be appointed the data practices compliance official for the City of Shakopee. RECOMMEDED ACTION: Offer Resolution No. 5454, A Resolution Appointing A Data Practices Compliance Official for the City of Shakopee to Comply with the Minnesota Government Data Practices Act, and move its adoption. Judith S: Cox, City Clerk r RESOLUTION NO. 54 A RESOLUTION APPOINTING A DATA PRACTICES COMPLIANCE OFFICIAL FOR THE CITY OF SHAKOPEE TO COMPLY WITH THE MINNESOTA GOVERNMENT DATA PRACTICES ACT WHEREAS, Minnesota Statues, Section 13.05 Subd. 13 requires that the City appoint a City employee to act as its data practices compliance official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the City; and WHEREAS, the City Council shares the concern expressed by the Legislature about access to City data and wishes to satisfy this concern by immediately appointing a qualified data practices compliance official as required under statute. BE IT RESOLVED, the City Council appoints the City Administrator as the data practices compliance official to receive questions and concerns regarding problems in obtaining access to data or other data practices problems. Adopted in adj. regular session of the City Council of the City of Shakopee, this 21 day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk Is. F 6 . CrrY OF SHAKOPEE r Memorandum TO: FROM: SUBJECT: DATE: Mayor and City Council Mark McNeill, City Administrator Gregg Voxland, Finance Director Amending the 2000 Budget - Resolution No. 5434 amending resolution No. 5291 November 14, 2000 Introduction and Background: Several additional things have occurred during 2000 that warrant a change in the 2000 budget. The changes are: 1. Youth Building maintenance /evaluation 2. Stans Park tennis courts — General Fund share of cost 3. Natural Resources position — new position, previous council action 4. Parking lot signs — previous council action 5. Rahr tax appeal — city share of costs 6. Legal costs — increased usage and fee to trust 7. Transfer to debt service — previously acted on by resolution Transfer to Debt Service from reserved fund balance for this purpose. Previously anticipated to for bond payments. 8. Purchase of thermal imaging camera for Fire Dept. previously authorized and in 1999 budget. 9. Engineering consultants — increased usage. The partially offsetting revenue increases do not include a $30,000 use of contingency (leaving $20,000 balance), the use of fund balance for the $23,820 thermal camera since it was in last years budget and the use of designated fund balance for the $180,000 transfer to debt service. Item Division Account# Amount 1. Youth building maint. Park 0630 -4230 $ 44,300 2. Stans park tennis courts Park 0622 -4242 100,000 3. Natural Resources Pos. Admin 0622 -4242 61,220 4. Parking Lot signs Street 0423 -4210 3,120 5. Rahr Tax appeal Finance 0151 -4310 30,000 6. Legal costs Legal 0163 -4310 35,000 Legal costs Legal 0161 -4310 10,000 7. Transfer to Debt Service Unallocated 0911 -4721 288,930 Transfer to Debt Service Unallocated 0911 -4721 180,000 8. Thermal camera Fire 0311 -4550 23,820 9. Engineering services Engineering 0411 -4310 30,000 The partially offsetting revenue increases do not include a $30,000 use of contingency (leaving $20,000 balance), the use of fund balance for the $23,820 thermal camera since it was in last years budget and the use of designated fund balance for the $180,000 transfer to debt service. Recommendation: Adopt the budget amending resolution as prepared. Action: Offer Resolution No. 5434 a resolution amending Resolution No. 5291 adopting the 2000 Budget and move its adoption. Gregg Voxland Finance Director g:lfinancelbudget100bud1 RESOLUTION No. 5434 A RESOLUTION AMENDING RESOLUTION No. 5291 ADOPTING THE 2000 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 2000 General Fund budget is amended and increased as follows: Expenditures Division Amount Park $ 44,300 Park 100,000 Administration 61,220 Street 3,120 Finance 30,000 Legal 45,000 Unallocated 288,930 Unallocated 180,000 Fire 23,820 Unallocated — contingency - 30,000 Engineering 30,000 Revenue Building Permits 250,770 Mechanical Permits 52,800 Plan Check Fee 146,000 Police Services 93,000 Engineering Services 30,000 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of November, 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing/Hennepin County Parks DATE: November 16, 2000 The Council is asked to concur with a proposal that would have the Suburban Hennepin Regional Parks District (Hennepin Park) operate Historic Murphy's Landing. iC• 1; 1 Murphy's Landing has been managed by the Minnesota Valley Restoration Project since it was incorporated in February 1972. Murphy's Landing is on property which is owned by the City of Shakopee, and which is leased to the MVRP, doing business as Murphy's Landing. The current lease terminates February 28, 2002. There are options to renew. The City provides in -kind services, including maintenance of the private wells at Murphy's Landing, snowplowing, mowing, and parking lot maintenance. Over the years, Murphy's Landing has run in cycles regarding its financial viability. Recently, negotiations were started between representatives of Murphy's Landing, and Hennepin Parks. The proposal is that Hennepin Parks would operate Murphy's Landing as a living history museum, and would be prepared to make a substantial investment in preservation and maintenance of the property's historical buildings and artifacts. (Due to a lack of funding, several of the buildings at Murphy's Landing which are need of renovation, have not been able to have work done.) In this partnership, Murphy's Landing staff would assist Hennepin Parks in operating Grimm's Farm, a property owned by Hennepin Parks in the western metropolitan area, as a working farm from the 1870's era. Executive Director Dennis Kelly and his Board are interested in pursuing this. It would allow Murphy's Landing to continue to be operated as a cultural asset for Shakopee and the region, while at the same time obtaining a badly needed infusion of cash to assist in preservation and operating expenses. Current staff at Murphy's Landing would become employees of Hennepin Parks, rather than the Minnesota Valley Restoration Project. Conditions: In a potential agreement, the following items are being contemplated: 1. Hennepin Parks will be responsible for all operations, maintenance, and development of Murphy's Landing. 2. Hennepin Parks will enter into a lease agreement with the City of Shakopee similar to the current agreement with the Minnesota Valley Restoration Project. This would mean that the current lease with Murphy's Landing would need to be voided. 3. The lease agreement would guarantee control of Murphy's Landing for Hennepin Parks as long as it is operated for the public good as a living history museum. 4. The Minnesota Valley Restoration Project, Inc., will relinquish its lease and turn over all buildings, artifacts, and other assets to Hennepin Parks. 5. Scott County will continue to fund Murphy's Landing at the current level of $120,000 per year. The County Board has not formally considered this option. 6. The long -term debt of Murphy's Landing, now at $60,000 will need to be addressed. Several options are being considered, ranging from Hennepin Parks paying off the amount in full, to a private fund raising to pay off the debt. Specifics on the above items are still being negotiated. 11 ' The City would still maintain the current level of operations as it does now — mowing, snowplowing, and the like. Future City involvement with grants for improvements would need to be negotiated. The City Council is being asked to endorse the concept. If approved by all parties (Hennepin Parks, Minnesota Valley Restoration Project, and the City), new lease agreements would be needed. There has been no consideration by Hennepin Parks of the current OHEC proposal. Hennepin Parks would need to be brought into that discussion. F.'T"Il to] gaa&1101: U1 If the Council concurs with the idea, it should direct staff to advise representatives of Murphy's Landing and Hennepin Parks that it endorses the concept, and that it would direct staff to draw up a new lease agreement at the appropriate time. Mark McNeill City Administrator MM:th CC: Dennis Kelly `!r R s t � ; k , tE G}:�'� '• ``� "�" � ¢� Y 5 �' �(4 ,�fa � t�� � S � 4 #��� ��3 i�r � 4}�k{� ... f November 9, 2000 Mr. Mark McNeill City Administrator City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 Dear Mr: McNeill . Mark McNeill _ November 9, 2000 Page Two Restoration Project. We would be willing to step aside and facilitate a smooth transition in operation and leadership of Historic Murphy's Landing to Hennepin Parks for the long -terry benefit of all stakeholders including the people of the'City of Shakopee:' Thank you for your support for Historic Murphy's Landing. Sincerely, Steven I Griffith President of the Board of Directors t - Cc: Doug Bryant, Superintendent, Hennepin Parks t, A R With H Y Beriefift O ' lH istoric M urphy ' s Hennepin Parks a T Th Peop Fact Sheet Background Murphy's Landing has been seeking creative partnerships for the past several years. These partnerships are designed to further the work of historic Murphy's Landing, assist in developing Murphy's Landing as an educational center and living history museum, and help carry out the mission to preserve and interpret 19' century fife in the 3Xmneso River Valley. We have also continued to seek funding to achieve those ends. Though we have met with some success in garnering new funds (cash and commitments for more than $1 million in the past 12 months), we continue to face challenges. Throughout our 30 -year history, though we have survived as an organization, we have been unable to generate sufficient operating funds to fully exploit the potential of Murphy's Landing. We now have an opportunity to place Historic Murphy's Landing in the care of an organization that is capable, interested and willing to operate Historic Murphy's Landing as an outstanding living history museum and education center in accordance with our vision. The Suburban Hennepin Regional Park Distract (Hennepin Parks) owns or operates parks and recreational and historic facilities for the use and enjoyment of the public in three counties (Hennepin, Carver and Scott). More than 25,000 acres of land are under their stewardship_ Additional information is available at www_hennepinparks.com. Hennepin Parks brings many assets which will work for the benefit of Murphy's Landing: => Knowledge and experience in operating large facilities for public and educational uses. :.::> Administrative resources 0 Excellent overall management 0 Marketing expertise 0 Financial management 0 Volunteer management => Program and facility management resources 0 Educational program staff 0 Forestry management 0 Maintenance and carpentry 0 Natural Resources Management => Financial resources 0 Annual budget of nearly $16 million 0 A substantial endowment fund 0 A diversified funding base that includes a variety of public and private funding sources, usage fees, etc. •aYY nt a -• � Finally, Hennepin Parks is committed to providing not only recreational facilities and natural park space, but also interpretation of the culture and heritage of the region. Historic Murphy's Landing also offers a number of outstanding assets: =:> A unique set of historic buildings from an important era in Minnesota history => More than 2,600 period artifacts and reproductions A beautiful 88 -acre site along the historic and navigable Minnesota River Natural areas including the river and its flood plain => Buffers (from future development) on adjacent areas including flood plain, National Wildlife Refuge and city park lands => Experienced staff Well trained and committed historic interpreters A solid corps of volunteers => Excellent educational programs both on site and in the schools => A compelling mission and vision for the future Conditions Staff level discussions have identified the broad outlines of a potential agreement. 1. Hennepin Parks will take over responsibility for all operations, maintenance and development of Murphy's Landing. I Hennepin Parks will enter into a lease agreement with the City of Shakopee similar to the current agreement with the Minnesota Valley Restoration Project, Inc. 3 _ The lease agreement -will guarantee control of Murphy's Landing for Hennepin Parks as long it is operated for the public good as a living history museum. 4. The Minnesota Valley Restoration Project, Inc. will relinquish its lease and turn over all buildings, artifacts and other assets of Murphy's Landing to Hennepin Parks. 5. Scott County will continue funding Murphy's Landing at the current level ($120,000 /year). 6_ The long -term debt of Murphy's Landing, now $60,000.00, will need to be addressed. Specific details will be agreed upon in later discussions should we wish to pursue this course. Next Steps Hennepin Parks has informally expressed interested in discussing the possibility of assuming responsibility for the preservation and operation of Murphy's Landing. If we wish to enter into discussions toward that end, we need to initiate formal contact by sending a letter inviting Hennepin Parks to join in those discussions. I recommend we do so.