HomeMy WebLinkAbout12/19/2000TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 19, 2000
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
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 of October 3, 2000 and December 4, 2000
*8] Approval of Bills in the Amount of $593,953.33 plus $183,293.14 for refunds, returns and
pass through for a total of $777,246.47
9] Public Hearings:
A] Continuation of public hearing on application for taxicab and taxicab drivers license —
Oscar Javier Salas
10] Communications:
A] Bond Rating Upgrade Recognition
B] Canterbury Park/Card Club Presentation
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority meeting
13] Re -convene
TENTATIVE AGENDA
December 19, 2000
14] Recommendations from Boards and Commissions
A] Proposed Ordinance Relating to Tree Preservation — tabled 11/6
B] Rezoning of Betaseed Property from AG to R -IB, located South of 176, Avenue and
West of CSAH 17 — Ord. No. 588
C] Rezoning of Shakopee Crossings Property from I1 to PRD, B 1, and CC, located South
of Hwy. 169, West of CR 18 and North and South of Southbridge Parkway
15] General Business
A] Police and Fire
* 1. Civil Defense Siren Purchase
*2. Ratification of Fire Department Officers for 2001
*3. Purchase of Squad Cars
B] Parks and Recreation
C] Community Development
* 1. Set Public Hearing on Vacation of Easement within Valley Park 6th — Res. 5462
2. Proposal for Vacant Dwelling or Building Ordinance
*3. 2001 Electrical Inspection Agreement
D] Public Works and Engineering
1. Update on CR 83 and CR 16 Feasibility Report
E] Personnel
1. Recreational Part -Time and Seasonal Employment Incentives
*2. Completion of Probationary Period — Linda Jansen
*3. Public Works Contract — 2001-2002
*4. Public Works Department Maintenance Worker Actions
5. Personnel Policy Amendment — "Acting" Pay — Res. No. 5467
a. Acting Building Official Pay
F] General Administration:
* 1. 2001 Massage Center License
*2. Cleaning Contract Renewal - Masterpiece Cleaners
*3. Amending Resolution 5312, Establishing the Transit Commission — Res. No. 5464
4. Closing TIF District No. 3 (Downtown)
5. Chaska Interceptor Payment
*6. Resolution of Support - Steve Johnson — Res. No. 5466
16] Council Concerns
17] Other Business
18] Recess for an executive session to discuss labor negotiations
19] Re -convene
20] Adjourn
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Special Meeting December 19, 2000
I. Roll Call at 7:00 p.m.
2. Approval of the Agenda
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.)
4. 4 Closing of TIF District No. 3 (Downtown)
5. 4 Chaska Interceptor Payment
6. Adjourn
cdagenda.doc
CITY OF SHAKOPEE
Memorandum
TO: EDA Commissioners
Mark McNeill, Executive director
FROM: Gregg Voxland, Finance Director
SUBJ: Closing TIF District No. 3 (Downtown)
DATE: December 14, 2000
�iy
Introduction & Background
Tax Increment Financing District No. 3, Downtown has reached the
end of its allowable life. Resolution No. 00-3 documents
official decertification of the district.
Action
Offer Resolution No. 00-3, a Resolution Decertifying Tax
Increment Financing District No. 3, and move its adoption.
Gregg T o land
Finance Director
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ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE
RESOLUTION NO. 00-3
RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 3
BE IT RESOLVED By the Board of Commissioners ("Board") of the Economic
Development Authority for the City of Shakopee ("Authority") as follows:
Section 1. Recitals.
1.01. The City of Shakopee ("City") has previously established its
Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project")
pursuant to Minn. Stat. Section 469.001 to 469.047 ("HRA Act");and
1.02. Within the Project the City has created Tax Increment Financing
District No. 3 (the "TIF District") pursuant to Sections 469.174 to 469.179
(collectively, the "TIF Act").
1.03. The Project and the TIF District are now administered by the
Authority. ("Authority").
1.04. The Authority and City have determined that is in the best
interest of the City to decertify the TIF District as of December 31, 2000.
Section 2. TIF District Decertified; Filing.
2.01. The TIF District is hereby deemed decertified as of December 31,
2000.
2.02. Staff is authorized and directed to transmit a copy of this
resolution to Scott County with instructions to de -certify the TIF District, it
being the intent of the City that no collection of tax increment from the TIF
District will be distributed to the Authority after December 31, 2000.
Approved by the Board of Commissioners of the Economic Development
Authority for the City of Shakopee this 19th day of December, 2000.
President
Attest:
Secretary
CITY OF SAKOPEE
Memorandum
TO: EDA Board of Commissioners
Mark McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: Chaska Interceptor Payment
DATE: December 19, 2000
Introduction and Background
There are sufficient funds in the TIF pool to make a
principal payment on the Chaska Interceptor debt. TIF was
cited in the contract and in the TIF Plan as a source of
funding for the project.
A principal payment of $868,568.84 plus interest of
$2,835.00 will use up most of the money currently available
in the TIF "pooled' account. Money to make 2001 debt
service payments is already set aside. This is the last
chance to use TIF for anything other than debt service
payments and the interceptor is the only project left in the
TIF Plan. TIF collected in 2001 and 2002 can only be used
for debt payments.
TIF collections in 2001 maybe somewhat smaller than 2000
collections. Collections in 2001 may be sufficient to make
remaining debt service payments. This means no collections
would be needed in 2002 and the property can be put on the
general tax base for pay 2002 taxes.
There would be a remaining balance of about $140,000 in the
TIF account. This would be used for remaining debt service
payments.
Action Requested
Move to authorize the use of $871,403.84 of TIF money to off
the Chaska Interceptor debt.
Gregg Voxland
Finance Director
I:\finance\docs\taxinc\chintpmt
CITY OF SAKOPEE
Memorandum CONSENT
TO: EDA Board of Commissioners
Mark McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: Chaska Interceptor Payment
DATE: December 13, 2000
Introduction and Background
There are sufficient funds in the TIF pool to make a
principal payment on the Chaska Interceptor debt. TIF was
cited in the contract and in the TIF Plan as a source of
funding for the project.
A principal payment of $1,008,500 will use up the money
currently available in the TIF "pooled' account. Money to
make 2001 debt service payments is already set aside. This
is the last chance to use TIF for anything other than debt
service payments. TIF collected in 2001 and 2002 can only
be used for debt payments.
TIF collections in 2001 maybe a little bit smaller than 2000
collections. Collections in 2001 should be sufficient to
make remaining debt payments. This means no collections
would be needed in 2002 and the property can be put on the
general tax base for pay 2002 taxes.
There would be a remaining balance of about $140,000 due on
the contract for the interceptor. City Council could use
sewer fund monies to pay off the balance and close this
issue. Alternatively, the $140,000 could be delayed for a
couple of years to when the first original principal
payments was due.
Action
Move to authorize the
a principal payment on
Gz`egg Voxland
Finance Director
I:\finance\docs\taxinc\chintpmt
use of $1,008,500 of TIF money to make
the Chaska Interceptor debt.
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 2000
Mayor Brekke called the meeting to order at 7:00 p.m. with Council members
Amundson, Sweeney, Link and Morke present. Also present were Gregg Voxland,
Finance Director; Jason Bullard, Assistant Finance Director; Judith S. Cox, City Clerk;
Tracy Coenan, Management Assistant; and Mark Themig, Facilities and Recreation
Director.
Mayor Brake announced that the purpose of the meeting was to conduct a public hearing
on the 2000-2001 tax levy and budget.
Mr_ Sweeney stepped to the podium to present to the public the steps involved to get to
the tax bill property owners receive for the City.
Mr_ Sweeney explained how the property taxes are determined: establishing the estimated
market value, tax capacity rate, tax levy and spreading the levy. He explained how the
homestead tax capacity is calculated. He compared the tax capacity rate between 2000
and 2001 for residential properties and for commercial and industrial properties.
Using graphs and charts, Mr. Sweeney compared the amount of taxes paid by a particular
industrial -commercial parcel over a five year period; and compared the amount of taxes
paid by four residential parcels over a five year period.
Using a pie chart, Mr. Sweeney explained where the City tax dollar will go in 2001 for:
the fire referendum debt (6%), debt service (5%), and operations (89%). Also, where the
general fund tax dollars were budgeted in 2000 for: police, fire, inspections (40%),
engineering and street (20%), park maintenance and recreation transfer (11%), Council,
administration, finance, planning, legal, and government buildings (26%), and
unallocated (3%). He compared this to 2001 at 38%, 18%, 11%,25%, and 8%
respectively.
Mr. Sweeney compared the budgeted revenue sources and amounts and expenditures
between 2000 and 2001. He pointed out that fees collected for licenses and permits are
market driven. He also pointed out that the City ends up with more money at the end of
the year because the department managers do not spend just because there is money in
the budget.
Mr. Sweeney explained the productivity measures for general fund operations on a per
employee basis and on a per household basis for 1998, 1999, 2000, and 2001. He said
that the City is very fortunate to have a part-time fire department. Our public safety cost
could double if we had a full-time fire department.
Mr. Sweeney explained the percentage increase in tax levy dollars from 2000 to 2001 for:
general levy (13.2%), transit levy (28.6%), and the fire referendum (00.1 %).
Oficial Proceedings December 4, 2000
of the Shakopee City Council Page -2-
Mr. Sweeney outlined the various enterprise funds that are independent of the general
fund: Shakopee Public Utility, sanitary sewer fund, storm drainage fund, recreation fund
and other funds (equipment fund and building fund).
Using a pie chart and a S 1.00 bill, Mr. Sweeney pointed out the City share of the tax
dollar compared to'the: School District (45%), County (34%), City (17%), and Other
(4%).
Mr. Sweeney compared the tax capacity rates among other taxing jurisdictions for 2000
and 2001-
Although
001_
Although the tax levy is greater for 2001 than for 2000, the taxes are reduced because of
the increase in tax capacity due to our growth.
Mr. Sweeney explained the City nondebt tax levy history for the past 10 years. He also
showed the tax for the fire station referendum for four different parcels for the past four
years. This amount is reduced each year.
Mayor Brekke thanked Mr. Sweeney for the presentation.
Mayor Brekke asked for comments from the audience. There were none.
Mayor Brekke announced that the tax levy and budget will be adopted on December 5,
2000, in a public hearing at 7:00 p.m. in the Council Chambers.
Mayor Brekke closed the public hearing_
Sweeney/Morke moved to adjourn_ The meeting was adjourned at 7:47 p.m.
dith S. Cox
City Clerk
Recording Secretary
OFFICIAL PROCEEDINGS C 1
I %EGULAR SESSION SHAKOPEE,11 1i ' 3, 20)1r,
The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson,
Sweeney and Mayor Brekke present. Also present: Mark McNeill, City Administrator; Bruce
Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community
Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Paul
Snook, Economic Development Coordinator; Tracy Coenen, Management Assistant; and Mark
Themig, Facilities and Recreation Director.
The pledge of allegiance was recited.
The following items were added to the agenda_ 15.A.5. Request of Pheasant Run, L.L.P.
Regarding Hourly Restrictions On Construction Activities; and 17.A. Appoints a Franchise Fee
Committee; 18.A. Recess to an Executive Session regarding Labor Negotiations and Pending
Litigation.
Amundson/Link moved to approve the agenda as modified. Motion carried unanimously.
The Mayor's report this evening consisted of a short report regarding the Minnesota Mayor's
Association Annual Meeting and Conference. Two attorneys from the League on insurance trust
talked on how to avoid litigation on land use and land use policy. This was a very worthwhile
meeting.
The following items were removed from the Consent Agenda. 15. A.2. Setting the Public
Hearing for proposed Assessments for Sarazin Street 15.A.3. Set Public Hearing for Proposed
Assessments for Vierling Drive; 15.D.3. Phase 2 Livable Communities Predevelopment Funds.
The following items were added to the Consent Agenda. 15.A.5. Request of Pheasant Run,
L.L.P_ Regarding Hourly Restrictions On Construction Activities; 15.F.3. 2 -Month Extension of
Garbage Contract; and 15.F.10. Debt Service Levy Discussion.
Sweeney/Amundson moved to approve the Consent Agenda as modified.
Link/Amundson moved to amend the motion on the Consent Agenda to have item 15.A.4.
Amending Fees for Administration of Public Rights -of -Way removed. Motion carried
unanimously.
Motion carried unanimously on main motion as amended.
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.
Official Proceedings October 3, 2000
of the City Council Page 2
Sweeney/Amundson moved to approve the meeting minutes for August 1, 2000. (Motion carried
under the consent Agenda)
Sweeney/Amundson moved to approve the bills in the amount of $312,309.71 plus $57,299.29
for refunds, returns and pass through for a total of $ 369,609.00. (Motion carried under the
Consent Agenda.)
Mayor Brekke reported that the major item on the agenda this evening is the Tobacco Free Future
presentation. Ms. Sharon Luth, organizer for Tobacco Free Future, will do a thirty -minute
presentation for the Tobacco Free Future. After the presentation, there will be time for questions
and discussion from the Council. After Council's discussion, there will be a 10 -minute rebuttal
time frame. After the presentation, and discussion is concluded the Council will then decide if a
future meeting date needs to be set to consider a formal ordinance. At that meeting all side of the
issue would have an opportunity to state their opinion in a public hearing type setting.
Ms. Sharon Luth, organizer for the Tobacco Free project, gave a presentation on a Tobacco Free
Future_ This presentation was an effort to help create awareness of the problem of youth and
tobacco in this community, the role modeling issue and the concern for second-hand smoke. A
short video was shown. Representatives of a Tobacco Free Future are here tonight to ask for
support for a proposed tobacco ordinance to create more tobacco free spaces for Shakopee's
youth. We feel by restricting tobacco uses in public spaces, this will de -normalize the use of
tobacco as well as protect our youth from the harmful effects of second hand smoke. We believe
it is the responsibility of local government to protect the health of our youth and our future. The
United States Environmental Protection Agency has found that thousands of deaths have occurred
because of second-hand smoke. We all have the right to breathe clean air. There are no save
levels of exposure to second-hand smoke. The purpose of the ordinance is to protect the health
of Shakopee's non-smoking adults and youth. This allows equal access to public places, enhances
the general safety and welfare of the community and reduces the social exposure and role
modeling of tobacco to youth. The community indicates that they want more tobacco free spaces
for the youth. Smokers in restaurants and outdoor recreational areas impact the youth. The
visual image has made an impression that this is acceptable and okay to our youth.
Joe Ries approached the podium to tell how smoking and second hand smoke has affected him
and his family. He was in full support of the tobacco free future project.
Kinga Kocsis, family medicine practitioner, approached the podium and told of her experiences
seeing the effects of smoking and second-hand smoke as a physician. There is no such thing as
safe second-hand smoke. She too was in support of the tobacco free future project.
Nancy Tech, a junior at Shakopee High School, approached the podium. She too was in support
of the efforts of a tobacco free future.
Richard Scott, Community Health Planner for Scott County Public Health with a background in
nursing, approached the podium and addressed the Council. Smoking is on the rise among our
youth. There is an issue regarding second hand smoke. Smoking is the leading cause of
preventable deaths. He too is in support of a tobacco free future.
Official Proceedings October 3, 2000
of the City Council Page 3
Brian Wagner, of the Minnesota Smoke Free Coalition, approached the podium and addressed the
Council as to why there should be an ordinance. Smoking puts other people in danger. Smokers
should be forced to smoke in a responsible way. This is a public health issue. An ordinance
insures public safety and it protects the safety of the restaurants' employees.
Mayor Brekke said he would like to hear from the other speakers that were listed to speak for the
tobacco free project unless the council overruled him_ (The speakers had gone over the 30
minutes allotted.)
Pat Stieg, resident of Savage, approached the podium and addressed the Council. He had the
opportunity to be on the Minnesota Department of Health Indoor Clean Air Rules Advisory
Committee. He learned about the effectiveness of the ventilation/filtration systems. The dangers
are clear. The American Society of heating, refrigeration, and air conditioning engineers
committee is proposing a new standard for ventilation of acceptable clean indoor air. This
proposal if accepted will become the building standard for the United States. This code standard
calls for the prohibition of all smoking in public places, and where smoking is permitted that
smoke is not to be allowed to enter areas where no smoking is permitted. There is no current
clean technology that is able to completely clean the air where smoking comes in. There needs to
be a solid barrier between smoking and non-smoking areas.
Jill Reinke Sand, approached the podium and shared with the Council the idea of role modeling.
She is a teacher at Sun Path and her students were shocked, when they found out she use to
smoke. Parents are role models also. Why would we purposely expose our children to second
hand -smoke knowing what we know about its dangers?
Julie Woodruff, volunteer with the American Cancer Society and teacher of a tobacco diversion
class taught in the county attorney's office each month, approached the podium and addressed the
Council. We all have the ability to stop this tobacco addiction that is rampant among our youth.
This type ordinance will save lives. People have the right to breathe clean air. Community
support is there for this ordinance_
Sharon Luth stated the Project for a Tobacco Free Future would like to continue its efforts
towards a tobacco free ordinance and is asking the Council as representatives of this community
to consider a working draft of an ordinance that they have prepared and/or allow the Tobacco
Free committee to work with the City Attorney to write an ordinance that will contain provisions
that have been outlined. This Tobacco Free Future committee would like this considered as a
high priority item.
Mayor Brekke felt the Council and audience deserved to know the reasons why he felt the 30 -
minute time allowance should be extended to allow the last three speakers to present. There were
four reasons: 1) the presentation was planned ahead and people put in preparation time_ 2) This
request came in several months ago that we hear this issue. 3) This issue affects many people. 4)
We want people to feel that they had an opportunity to be heard.
Cncl. Morke felt a precedent had been set.
Official Proceedings October 3, 2000
of the City Council Page 4
Mayor Brekke asked if there was anyone in the audience with an opposing viewpoint that would
like to speak this evening. There was no response.
Mayor Brekke asked if the Council wanted to give a Tobacco Free ordinance further
consideration.
Mayor Brekke asked Jim Thomson, City Attorney, procedurally what the process would be if an
ordinance is to be considered. Jim Thomson said the ordinance does not require a public hearing
because it was heard at public meeting where public input could be taken. Jim Thomson
suggested that if the Council wanted to take further action that action should be to direct staff to
come back to the Council with the preparation of an ordinance. Mayor Brekke asked Jim
Thomson if this was an item that could be put before the residents on a ballot as a question. Mr.
Thomson did not think so.
Cncl. Morke was not in favor of proceeding with the Tobacco Free Future issue.
Cncl. Amundson wanted to know who the smoke free restaurants in this community were. They
are mainly the fast food restaurants. The Tobacco Free Future committee has not worked with
the other restaurants to get them to go smoke free. Cncl_ Amundson would like the committee to
take this action.
Cncl. Link was in favor of an ordinance being drafted
Cncl. Sweeney was not prepared to discuss an ordinance regarding non-smoking per se this
evening. This was not an action item on the agenda this evening. We need to break the home use
of tobacco with children.
Cncl. Morke felt the area of choice, responsibility, and parenting was a recurring theme
throughout the discussion on a Tobacco Free Future. These are not the job of City government.
He wanted the market to dictate what the restaurants were. Smokers do have rights also.
Mayor Brekke agreed with Cncl. Link. He felt this proposal granted more freedoms than it
restricted. He felt it was worth the time to develop an ordinance and put it before the public and
have dialogue with the citizens.
Sweeney/Amundson directed staff to look at the issue of a Tobacco Free Ordinance and see what
is out there on a statewide basis and come back with some options.
Mayor Brekke called for further discussion on the motion. There was no response.
Motion carried 4- 1 with Cncl. Morke dissenting.
Cncl. Sweeney wanted it fully understood that this motion was not to generate an ordinance nor
hold hearings. This was to provide information only.
Official Proceedings
of the City Council
October 3, 2000
Page 5
Mayor Brekke opened the public hearing on the Tax Levy and Tax Rate for 2001.
Gregg Voxland, Finance Director gave a staff report on the tax levy and tax rate for 2001. Cities
must hold a public hearing and pass a resolution to increase the tax levies and rates. This year our
tax capacity rate is 20.132 following the legislature's calculations, we need to have a rate of
15.7345 in order not to have a hearing. Our anticipated rate is 18.6%. The City does not set the
rate, they set the tax levy. The county taxation department is responsible for calculating the tax
rate. We are estimating the tax capacity rate to go down 7.6%. Our total lax levy based on tax
capacity is going up 16%. Because of the growth in Shakopee the tax rate is actually going
down.
Mayor Brekke asked if there was anyone one in the audience who would like to come forward
and speak on this issue. There was no response.
Mayor Brekke declared the pubic hearing closed.
Sweeney/Link offered Resolution No. 5413, A Resolution Authorizing A Tax Rate Increase for
the 2000 Tax Levy, Collectable in 2001, and moved its adoption. Motion carried unanimously_
Cncl. Link questioned if Canterbury Park was within the sound decibel limit when they have their
concerts. Police Chief, Dan Hughes will speak on this issue later in the meeting.
There was a recess at 8:26 p.m. for purpose of conducting the EDA meeting.
The meeting re -convened at 8.55 p.m.
A recess was taken at 8:55 p.m.
The meeting convened at 9:08 p.m.
Sweeney/Amundson offered Ordinance No. 580, Fourth Series, An Ordinance of the City of
Shakopee, Minnesota, Amending Chapter 11, Zoning, Section 11.70, Signs and moved its
adoption. (Motion carried under the Consent Agenda)
Tracy Coenen, Management Assistant, approached the podium and gave a report on the Library
Committee. Peggy Hullander, chair, was also there to answer questions. The Library Committee
had three recommendations. 1) The City is to proceed on building a two-story library on the
current downtown library site. 2) lease a building to house an interim library during the one-year
construction period of a new library. 3) Purchase all buildings on the current library block as they
become available for future expansion, parking and green space for the library. The committee
did review multiple sites. This site suited the community needs the best. The City would need to
pay for the construction costs. From Jack Anderson's reports, the estimated construction cost
appears to be somewhere between 3.1 million and 3.3 million. This new library would be similar
to the library in Savage. It was felt that is was important to have the library housed some place
while the new library was under construction.
Official Proceedings October 3, 2000
of the City Council Page 6
Mayor Brekke commended the Library Committee on their recommendation. He wondered if
there was a grant available for a theater for the arts.
There was dialogue between Mayor Brekke and the Council on a performing arts venue. Mayor
Brekke was interested in looking at what uses can be housed in a library.
Mayor Brekke called for discussion on the Library Committee recommendations.
Cncl. Link asked what the opinion of the public was on a two-story building. This was not liked
to begin with.
Tracy Coenen stated that there were a few people who at first did not like the idea of a two-story
library but they are coming around to it now. Janet Williams, the Scott County Library Director,
is okay with a two-story building.
Sweeney/Morke moved to accept the recommendation of the Library Committee.
According to Cncl. Sweeney, this motion focuses what the City is looking at. Scott County is
budgeting for the interior of this new library in 2002. This has been moved up from 2004 to
2002.
Motion carried unanimously.
Sweeney/Morke moved to direct staff to come up with a time line for this library project. Motion
carried unanimously.
Sweeney/Amundson moved to approve the suspension of City Code Sec. 10.60, Noise
Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain operations, D, for
Saturdays, 7 a -m. to 5:30 p.m. through November 30, 2000, as requested by Pheasant Run,
L.L.P., and directed staff to publish notice of the suspension terms, subject to the following
conditions: 1) approval is contingent upon minimizing noise exposure near residential areas, 2) if
residential complaints are received by the City, the suspension can be revoked at the discretion of
the City Engineer, and 3) blasting activities, if any, must be done from 8 a.m. to 5 p.m. (Motion
carried under the Consent Agenda.)
Sweeney/Amundson offered Ordinance No. 581,Fourth Series, An Ordinance Relating to Open
Burning and Recreational Fires and Amending Section 10.29 of the City Code, and moved its
adoption. (Motion carried under the Consent Agenda.)
Sweeney/Amundson offered Resolution No. 5423, A Resolution Repealing Resolution No. 5264
Establishing Criteria for Recreational Fires Within The City of Shakopee, and moved its adoption.
(Motion carried under the Consent Agenda.)
Official Proceedings October 3, 2000
of the City Council Page 7
Sweeney/Amundson moved to authorize the appropriate City Staff to enter into a grant
agreement with the U.S. Department of Justice, COPS Office for three years funding of two
school resource officer positions. (Motion carried under the Consent Agenda.)
Mark Themig approached the podium and addressed the Council on the Shakopee Youth Hockey
Association. Basically two agreements are being looked at this evening. One is a concessions
agreement and the other is an advertising agreement. The present concession agreement has been
in place since 1995. Two significant changes to the concessions agreement are being proposed.
The first change is in the percentage paid to the City from 15% of gross profits to 15% of net
profits. This has been requested by the hockey association and also it brings the concession
agreement in line with the concession agreement with the Joe Schleper baseball stadium. There
also has been a change in a stipulation in the agreement with the City. Previously the City was
responsible for maintenance and replacement of equipment and food spoilage. Now the hockey
association has taken this stipulation over. The second significant change in the agreement is that
the hockey association will now start skate sharpening and the revenue will be receipted at the
concession stand and transferred to the City. The concession agreement would be a one-year
agreement terminating on September 30, 2001_
Mr. Themig explained that in 1997 an advertising agreement was before the City similar to
tonight's proposal but the hockey association turned it down because of the percentages. The
percentages this evening will provide the hockey association with an additional stream of money
and still be fair to the City. Basically, the hockey association is responsible to administrate this
advertising program. This would include soliciting advertisers, working with those advertisers
setting up the advertisement. The City would receive 25% of net sales the first year and the City
would receiver 25% of gross sales the second year. The City's responsibility would be to
coordinate the installation of the advertisements. If costs are involved in the installation of the
advertising, the hockey association would be responsible for those costs. There are some shared
responsibilities. These responsibilities include 1) developing promotional materials to market and
advertise with and 2) selecting the business to actually produce the advertising. The program has
been expanded considerably. If the annual payment the City receives exceeds $5,000.00, the
hockey association is asking that the amount over $5,000 be set aside for special hockey
association projects. This would be a considerable time commitment for community staff to take
on this advertising proposal.
Jay Pexa, President of the Shakopee Youth Association, approached the podium. He had met
with Mark McNeill and Mark McQuillan of City Staff and in the agreement presented this
evening, he felt both sides were treated equitably. Ice rental has been increased considerably and
the Shakopee Youth Hockey Association has no other place to go.
Cncl. Sweeney said the ice arena is operating in the red considerably. It will cost the ice hockey
skaters approximately between $500.00 and $700.00 per skater depending on the level of the
skater. The hockey association has done what they can to reduce the costs to the skaters.
Official Proceedings October 3, 2000
of the City Council Page 8
Mayor Brekke said when ice arena fees are set in the future, there needs to be a discussion on the
fees and what these fees are doing to the family's costs. There are some enhancements through
this proposed agreement to the hockey association.
Cncl. Sweeney was against earmarking monies over and above the $5,000.00 just for hockey
association projects.
Cncl. Morke concurred with Cncl. Sweeney.
Cncl. Amundson felt the hockey association deserved to get this additional money generated from
the new proposed agreement.
Mr. Themig stated that there needs to be a clause added to the agreement that the cost to repair
the dashers boards is the responsibility of the hockey association.
Sweeney/Amundson moved to direct staff to complete the agreement between the City and the
Shakopee Youth Hockey Association in line with the discussion for the concession services and
the advertising project that the Shakopee Youth Hockey Association is requesting. The monies
over $5,000 are given to the City to go into the general fund. Any damage to the advertising
dasher boards would be a cost of the hockey association. Motion carried unanimously.
Sweeney/Amundson moved to authorize City Staff to begin the hiring processes for five Fire
Fighters. (Motion carried under the Consent Agenda.)
Sweeney/Amundson moved to approve the applications and grant an On Sale Wine and an On
Sale 3.2 Percent Malt Liquor license to Coffeehouse Ground Zero, Inc., 1114/1116 Vierling
Drive East, conditioned upon the issuance of a Certificate of Occupancy by the Building
Department. (Motion carried under the Consent Agenda_)
Sweeney/Amundson offered Resolution No. 5417, A Resolution appointing Judges of Election
and Establishing Compensation, and move its adoption. (Motion carried under the Consent
Agenda.)
Sweeney/Amundson moved to direct staff to proceed with the extension of the garbage contract
with Waste Management until March 16, 2001. (Motion carried under the Consent Agenda.)
Sweeney/Amundson moved to approve the application and grant a tobacco license to Farid Jiryis,
dba Jiryis Tobacco, 1148 Vierling Drive East, effective October 4, 2000 through December 31,
2000, upon the surrender of the license of Fatmah AI-Btoush. (Motion carried under the Consent
Agenda_)
Tracy Coenen, presented the request for proposals for refuse collection. The final proposal (RFP)
for garbage, yard waste and recycling services was before the Council this evening. The City of
Shakopee would like to have the RFP's approved and allow for distribution to waster haulers.
There are options to burn the refuse or landfill the refuse. Secondly there is an option in the
proposal for the City and/or Shakopee Public Utilities to bill the customers or to have the hauler
Official Proceedings October 3, 2000
of the City Council Page 9
do the billing. Thirdly there is an option in the proposal to add 1,400 town homes. This is an
addition to the proposed contract from the current contract. There are penalties within the
contract for violations of the contract. Neighboring communities that have negotiated contracts
recently and included some of the requests, the City is requesting , have not seen a major impact
in their prices.
Cncl. Morke asked about apartment complexes. Tracy Coenen said apartment complexes are
exempted from this garbage service because they do not receive individual curbside pick-up.
Mark McNeill pointed out that Town Home Associations might have a real issue with this
garbage service if they have to change.
Mayor Brekke asked if there was anyone in the audience who wanted to address this issue.
Stan Von Brokern, 2354 Pinewood Drive, approached the podium. Because he lives in a town
home, he was able to contract with someone other than the City's contracted garbage hauler, and
he was able to cut his cost for garbage collection 60% for improved service_ There is a year left
on the contract.
Mark McNeill said there would be a separate bid for town homes vs. single family, so there will
be a differentiation there. Based on our refuse survey the residents of Shakopee want an
organized system and this needed to include all the town homes.
Jim Thomson said the refuse hauler would have to be transitioned in so the current contracts of
refuse haulers in the town homes are not interfered with. He has discussed this issue with staff.
Sweeney/Amundson moved to approve the refuse yard waste and recycling RFP to allow for
distribution to waste haulers.
Mayor Brekke asked the audience if there were any more people who wanted to comment.
Motion carried unanimously.
Sweeney/Amundson offered Resolution No. 5426, A Resolution Canceling Debt Service Levies
for 2000/01, and moved its adoption. (Motion carried under the Consent Agenda)
Michael Leek, Community Development Director presented Centex Homes' request for MUSA
Expansion. This is for land located South of 169 and to the east of County Road 17. Centex
Homes has entered into a purchase agreement with Gene Hauer for this land. Most of the
property is within MUSA. Approximately 1.5 acres is outside of MUSA_ Back in 1996 when the
Comprehensive plan was adopted the MUSA Line was drawn along an old abandoned railroad
bed line resulting in many properties, along with this property, being partially out of MUSA.
Centex is requesting a separate plan amendment to bring this area into MUSA. An application for
Shakopee Crossings has been submitted for the addition of approximately 24 acres of MUSA
previously to this request. The Met Council staff is considering this application incomplete largely
Official Proceedings October 3, 2000
of the City Council Page 10
because the overall comprehensive plan update has not been approved by them. Hopefully, staff
will have the requested material to the Met Council within the week, so the overall comprehensive
plan update can be further reviewed. The application for the 1.5 acres can be made, but most
likely that too will be looked at as incomplete. A second alternative it to try and incorporate this
1.5 -acre property along with the other properties affected by the way the MUSA line was drawn
into the comprehensive plan update as it goes through the process of the Metropolitan Council.
Steve Ach, of Centex Homes, was present to address the Council regarding this MUSA expansion
request. The area where MUSA is being requested is just north of the 17th Avenue alignment.
The land that is not included in the MUSA is located in the northeast corner of the 20 -acre parcel.
Michael Leek corrected the graphic that included the twenty -acres under agreement between
Gene Hauer and Centex Homes.
Link/Sweeney moved to direct staff to proceed with an application for an amendment to the
Comprehensive Plan for an extension of MUSA for the 1.5 acres that Centex Homes is
requesting, which lies South of 169, East of CR -17, and North of the 17 I Avenue alignment.
Cncl. Sweeney seconded for discussion purposes_ He thought it made more sense to make
application of the entire area to square up the MUSA area along the old railroad bed so that
parcels are not partly within and partly without MUSA.
Sweeney/Amundson moved to amend the motion to direct staff to proceed with an application to
square up the MUSA line along the old railroad bed. Motion carried unanimously.
Motion carried unanimously, as amended.
Michael Leek reported on Pheasant Run 6th Addition's request for utilities to be installed before
the final plat is approved. On September 5, 2000, the City approved the preliminary plat. Under
the City's subdivision ordinance, Section 12.15, Subd. LA. grading is allowed with the approval
of the preliminary plat, however, the installation of the utilities is not. Because of the time of the
year, the developer is quite anxious to get the utilities in. The final plat has been received but is
not scheduled for review by the City Council until October 17, 2000. The developer is requesting
an exemption of the requirement in the subdivision ordinance to allow them to proceed with the
installation of utilities. The City Attorney has given his thoughts on the City Council's authority to
grant this exemption. Bruce Loney, Director of Public Works, has suggested that certain
considerations be taken into consideration. These conditions are: 1) City Engineer approval of
plans for utilities and drainage, 2) obtain MnDOT approval for use of MnDOT linear ponds, 3)
post security, 4) payment of engineering fees and 5) a hold harmless agreement between the City
and the developer regarding the improvement. He suggested these conditions be incorporated
into the Council's approval if Council does choose to grant the exception on Section 12.15, Subd.
1. A.
Michael Leek stated that there are likely to be variances requested to Section 12.15, Subd. LA. in
the City ordinance again, and therefore, the Council may want to look at amending the ordinance.
Direction to staff was asked as a follow-up to this possible exemption.
Official Proceedings October 3, 2000
of the City Council Page 11
Link/Sweeney moved to allow an exemption to Section 12.15, Subd. I.A. for the plat of Pheasant
Run 6"' Addition to allow construction of utilities prior to final plat approval.
Bruce Loney said it was very important to require the developer to pay the engineering fees.
Mayor Brekke said the five conditions were not in the first motion and he was going to ask that
the motion be restated.
Link/Sweeney moved to allow an exemption to Section 12.15, Subd. IA to allow construction of
utilities prior to final plat approval for Pheasant Run 6`t' Addition with the conditions: 1) drainage
plans are required to be approved by Bruce Loney, 2) MnDOT approval for use of MnDOT linear
ponds to be in hand, 3) posted security , 4) payment of engineering fees and 5) there is to be a
hold harmless agreement between the City and the developer regarding the improvement.
Joel Cooper, James R. Hill Inc., approached the podium and said they would like to start the
sewer and water construction before they get MnDOT approval. They recognize that is at their
risk that they start the sanitary sewer.
Mayor Brekke asked City Staff if they had any concerns over this request.
Bruce Loney addressed the Council regarding the sanitary sewer. This may be allowed as long as
the developer is aware that it is at his risk that he is being allowed to start to put in the sanitary
sewer.
Joel Cooper stated that he was aware that starting to put in the sanitary sewer was at his risk.
Link/Morke amended the motion to say that based on Bruce Loney, City Engineer's statement the
developer was allowed to start construction of the sanitary sewer without MnDOT's approval as
long as he was aware doing this part of the improvement was at his risk, the other four conditions
remained the same. Motion carried unanimously.
Mayor Brekke restated the five conditions within the main motion that there needed to be: 1.
Financial security was to be provided acceptable to the City Engineer_ 2. A hold harmless
agreement between the City and the developer acceptable to the City Attorney. 3. Approval from
MnDOT on the storm drainage outlets. 4. Approved plans for storm drainage by the City
Engineer. 5. Engineering fees are paid up front but sanitary sewer work may proceed with Bruce
Loney approving those plans.
Motion carried unanimously, as amended.
Sweeney/Morke moved to direct staff to initiate a text amendment to the City Code, Section
12.15, Subd. I.A. which addresses the installation of utilities. Motion carried unanimously.
Paul Snook, Economic Development Coordinator, reported on the Small Cities Development
Program Appeal of Grant money amount by Ms. Merle Nelson. The Council this evening is asked
Official Proceedings October 3, 2000
of the City Council Page 12
to consider Ms. Merle Nelson's appeal to increase the amount of monies approved for her project
by the Carver County HRA and the information from Carver County HRA regarding their
decision on Ms. Merle Nelson's appeal and for the Council to rule on the appeal of Ms. Merle
Nelson that was denied by the Carver County HRA. Amanda Lundberg, representative from
Carver County HRA, was present at the meeting to answer any questions. She said the policy of
the Minnesota Department of Trade & Economic Development and the U.S, Department of
Housing and Urban Development was followed and that is why the appeal was denied. This was
a cut and dried decision. The Carver County HRA is recommending that the City Council deny
Ms. Merle Nelson's request.
Sweeney/Morke moved to deny Merle Nelson's appeal to increase the Shakopee Cities
Development Program funding for her rehab project from 80% to 100% based on the Carver
County HRA's findings.
Cncl. Link asked if this appeal was denied would this make it impossible for Ms. Nelson to get the
Small Cities Grant. Amanda Lundberg stated probably yes, however, there is a way that Ms.
Merle Nelson could still get the grant.
Motion carried unanimously.
Sweeney/Amundson moved to direct staff to install stop signs as recommended to the
intersections of 4t'' Avenue and Atwood, I" Avenue and Lewis Street, and 2nd Avenue and
Sommerville Street.
Bruce Loney showed a graphic as to where these stop signs would be located. Nine intersections
were studied. The intersections were reviewed for accident history, traffic volumes, sight
distance, pedestrian volumes and traffic speed. Staff recommends there be stop signs at three of
the nine intersections studied at this time.
Motion carried unanimously.
Mark McNeill stated that an alternative date needed to be set for the first City Council meeting in
the month of November. He gave some options or else the Council could pick a more favorable
date.
The Council discussed Monday, November 6, 2000.
Sweeney/Amundson moved to direct staff to prepare a resolution setting the meeting date for the
first City Council meeting in November to be Monday November 6, 2000 at 7:00 p.m. Motion
carried unanimously.
Sweeney/Amundson moved to set a Hearing date of November 6, 2000, and offered Resolution
No_ 5420, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of
Proposed Assessments for Sarazin Street, from St. Francis Avenue to 800 Feet South, Project
No. 1999-3, and moved its adoption. Motion carried unanimously.
Official Proceedings October 3, 2000
of the City Council Page 13
Sweeney/Amundson moved to set a Hearing date of November 6, 2000, and offered Resolution
No. 5421, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of
Proposed Assessments For Vierling Drive, From Fuller Street To The West Plat Boundary Line
Of Orchard Park West, Project No. 1998-3, and moved its adoption. Motion carried
unanimously.
Cncl. Link asked Bruce Loney what was being done about Shakopee Public Utilities changing
light bulbs in the public Right-of—Way? Bruce Loney stated this still requires a blank permit. This
is the way we keep track of this type activity. There is no fee for the permit.
Morke/Link offered Resolution No. 5424, A Resolution Amending Resolution No. 5408,
Amending Fees for Administration and Regulation of Public Rights -of -Way For The City of
Shakopee, and moved its adoption. Motion carried unanimously.
Amundson/Morke moved to authorize the appropriate City officials to enter into the Police
Liaison Agreement between Independent School District 720 and the City of Shakopee for the
2000-2003 school years.
Cncl. Sweeny was under the impression in the budget meetings that this agreement between the
Independent School District 720 and the City of Shakopee for the 2000-2003 school years for the
Police Liaison Agreement was at a 50-50 ratio. He questioned why did it come back to the
Council now stating a 66 2/3 — 33/1/3 ratio.
Police Chief, Dan Hughes addressed this question. Back in 1999 it was presented with a 50/50
split but this was back when the liaison officers were in the schools. Based on the Council's
direction back in 1999, he said that he did not ask the schools for a 50/50 split at this time.
Cncl. Sweeney felt a 50/50 split was a more realistic approach for a police liaison officer because
they continue to be involved during the summer.
Motion carried 4- 1 with Cncl. Sweeney dissenting.
Cncl. Sweeney questioned why the School District does not pay the full cost of the D.A.R.E.
officer in the school since they spend all of their time there. According to Police Chief, Dan
Hughes, the funding option for 2000 was $1.50 per capita. This changes in the year 2001.
According to Cncl. Sweeney this has not been presented to the school district.
Link/Sweeney moved to table the 2000-2001 D.A.R.E. Education Services Agreement until the
Police Department and the School District have a discussion regarding the funding of a D.A.R.E.
officer in the school.
Motion carried 4 — 1 with Cncl. Morke dissenting.
Official Proceedings October 3, 2000
of the City Council Page 14
Cncl. Link reported that when Canterbury had their concerts, he received many complaint calls on
the noise level. He was wondering if the noise level was within City Code when these concerts
were held. Police Chief, Dan Hughes replied to the question. Yes, on the calls that the police
responded to, Canterbury Park was within the decibel range of the City Code. The officials at
Canterbury Park have been met with and City staff has worked with Canterbury Park officials
regarding the noise level and traffic.
There was discussion on the noise level of the concerts at Canterbury Park.
Sweeney/ Morke offered Resolution No. 5419, A Resolution of the City of Shakopee, Minnesota,
Authorizing Application For The Livable Communities Demonstration Program, and moved its
adoption. Motion carried unanimously.
Morke/Link moved to authorize the appropriate City officials to proceed with LSA Design on the
implementation of the work for the park and ride site, and to accept the bid of Abel Electrical
Contractors and United Contracting Corporation, and to purchase a Columbia basic shelter with
custom roof, heating, and lighting.
Mayor Brekke asked if this site would be large enough for expansion in the future to a possible
transit hub?
Michael Leek did not anticipate that this site would be large enough for a transit hub. A transit
hub site would need to be pursued with the transit commission in the future. An express service
most probably to Anderson Lakes Parkway where there is a transit stop, is being worked on for
this site.
Motion carried unanimously.
Mark McNeill reported on the appraisal done on the Wampach property. This property was
appraised because it was directed by Council that this is a potential City Hall site. This site is
approximately 3/4 of an acre and the fair market value has been determined to be $170,000 dollars.
The City staff is requesting that they be allowed to submit this amount as the amount of purchase,
to the owner from the City of Shakopee.
Sweeney/Amundson moved to direct staff to submit an offer to the estate of Jerome Wampach for
the available Wampach lots totaling some 34,080 sq. ft. in the amount of $170,000. (Lots 4-7,
Block 32, Original Shakopee Plat.) Motion carried unanimously.
Mark McNeill said about an hour would be needed for the final budget workshop. It was
recommended by Cncl. Sweeney to have this meeting before November 17t", which was when the
Truth in Taxation information should be available.
Cncl. Sweeney offered 5:00 on the 2nd of November. He did not feel new money items should be
added after November 17, 2000.
Official Proceedings October 3, 2000
of the City Council Page 15
According to Mark McNeill, The Franchise Fee Committee will be studying/working with the
utilities and potentially large users to come up with a plan regarding a franchise fee that would be
acceptable to all. At the recommendation of the City Attorney, Jim Strommen, he and I and two
Council members also should be on the committee. Cncl. Sweeney and Mayor Brekke have
offered to be on this committee.
Sweeney/Amundson offered Resolution No. 5410, A Resolution Canceling Debt Service Levied
for 2000/01, and moved its adoption. (Motion carried under the Consent Agenda.)
Mayor Brekke recessed the meeting at 11:02 p.m. for the purposes of conducting an executive
session to discuss pending litigation regarding City fees and labor negotiations for Public Works.
Mayor Brekke re -convened the meeting at 11:19 p.m. He reported that there was no discussion
on labor negotiations, but Council did discuss the pending litigation. No action was taken.
Sweeney/Link moved to adjourn to Tuesday, October 17, 2000, at 7:00 p.m. Motion carried with
Cncl.Morke opposed. The meeting was adjourned at 11:19 p.m.
1
(Judith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance director
RE: City Bill List
DATE: December 14, 2000
CSO i�I��IU i
Introduction and Background
Attached is a print out showing the division budget status for
2000 based on data entered as of 12/14/2000.
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 $183,293.14. The actual net expense
amount is $593,953.33.
Action Requested
Move to approve the bills in the amount of $777,246.47.
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/14/00
CURRENT
YEAR
ANNUAL
MONTH
TO
PERCENT
DEPT DEPT NAME
BUDGET
ACTUAL
DATE
EXPENDED
00 N/A
0
288,926
288,926
0
11 MAYOR & COUNCIL
80,130
57
73,372
92
12 CITY ADMINISTRATOR
310,820
11,526
264,193
85
13 CITY CLERK
219,290
9,847
169,664
77
15 FINANCE
459,990
2,731
389,664
85
16 LEGAL COUNSEL
343,500
18,020
329,569
96
17 COMMUNITY DEVELOPMENT
574,780
9,142
543,154
94
18 GENERAL GOVERNMENT BUILDINGS
253,840
5,304
207,119
82
31 POLICE
2,173,740
90,929
1,883,176
87
32 FIRE
729,660
26,525
683,908
94
33 INSPECTION-BLDG-PLMBG-HTG
428,070
18,632
446,969
104
41 ENGINEERING
571,650
25,768
643,143
113
42 STREET MAINTENANCE
907,970
18,310
663,066
73
44 SHOP
156,240
5,291
130,230
83
46 PARK MAINTENANCE
679,730
12,228
486,695
72
91 UNALLOCATED
995,940
-399
620,988
62
TOTAL GENERAL FUND
8,885,350
542,839
7,823,835
88
17 COMMUNITY DEVELOPMENT
509,990
27,410
366,777
72
TOTAL TRANSIT
509,990
27,410
366,777
72
19 EDA
247,380
2,211
125,371
51
TOTAL EDA
247,380
2,211
125,371
51
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MY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Applications for Taxicab License and
Taxicab Driver's License
DATE: December 14, 2000
INTRODUCTION•
City Council is asked to take action on an application for a
taxicab license; and, to take action on an appeal of staff denial
of a taxicab driver's license.
BACKGROUND•
Mr. Oscar Salas has applied for a taxicab license and for a taxicab
driver's license. The application for a taxicab license requires a
public hearing, which public hearing has been continued from the
two earlier Council meetings. The application for a taxicab
driver's license is approved or denied by the Issuing Authority and
may be appealed to the City Council.
Taxicab business license - Mr. Salas has automobile insurance and
has provided the required certificate of insurance. He will be
installing the taximeter, have the vehicle inspected by an
inspection service, and pay the license fees upon approval of a
license.
Taxicab driver's license - Mr. Salas has provided the required
physician's certificate and has a valid State of Minnesota driver's
license.
Based upon review of Mr. Salas' application and based upon the
report from Detective Greg Tucci, staff denied the application from
Mr. Salas for a taxicab driver's license. Mr. Salas wishes to
appeal this denial to the City Council.
Detective Greg Tucci from the Police Department conducted the
customary background investigation and advised that there is
sufficient cause to deny the application. Based upon the
investigation he recommends that the license be denied. Det. Tucci
cited Section 6.02, Subd. 4. False Statements from the City Code:
It is unlawful for any applicant to intentionally make a false
statement or omission upon any application form. Any false
Taxicab/Taxicab Driver's License
December 12, 2000
Page -2-
statement in such application, or any willful omission to state any
information called for on such application form, shall, upon
discovery of such falsehood work an automatic refusal of license,
or if already issued, shall render any license or permit issued
pursuant thereto, void, and of no effect to protect the applicant
from prosecution for violation of this Chapter, or any part
hereof . "
Additional taxicab driver's licenses - It is Mr. Salas' plan to
have additional drivers. Any new driver will be required to obtain
a taxicab driver's license.
RECOMMENDATION:
1. Continue the public hearing on the application for a taxicab
license and hear comments from the applicant and audience.
2. Consider whether or not to approve a taxicab license.
3. Consider the appeal from Mr. Salas on the denial of a taxicab
driver's license.
4. Determine whether or not to grant a taxicab driver's license
to Mr. Salas.
Ju tl S. c0t, C y Clerk
t
1
I:\clerk\Jeanette\Salas-appeal
APPLICATION ' TAXICAB
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
952-445-3650 _
' .f1
8) Have you ever been convicted of a Felony x'77 Misdemeanor
If Yes, explain
0/Vl�
10) Was your Minnesota Driver's License ever Revoked Y_ L St
spende
11) List all traffic violations, including dates �"�
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Bond Rating Upgrade Recognition
DATE: December 13, 2000
X1104 kyj I OWN IA
At the City Council meeting of December 19', Dave McGillivary of Springsted will
make a presentation to the City of a plaque acknowledging the City's recent upgrading in
bond rating by Moody's, Inc. In October, at the time of the last bond sale, the City was
upgraded from an "A2" to "Al".
Mark McNeill
City Administrator
MM:th
CC: Gregg Voxland
CI'T'Y OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Canterbury Park/Card Club Presentation
DATE: December 14, 2000
At its meeting of December 19th, the City Council will here a presentation by Canterbury
Park President Randy Sampson regarding the operation of the Card Club. The Card Club
opened at Canterbury Park since April 111, 2000. It is also possible that he will present a
listing of outdoor activities anticipated for the 2001 season.
Mark McNeill
City Administrator
MM:th
z
City of Shakope(
Attn: Mark McN
129 S Holmes St
Shakopee, MN
December 13, 2000
Dear Mark,
In accordance with our PUD, the following is Canterbury Park's 2001 Special
Event Calendar.
January
5-7 Sno Jam 2001: Fri./Media Day, 1 lam - 2pm,
Open to Public, Sat. & Sun. gam - 4pm
13-14 WSA Polairs Canterbury SnoCross: Sat. Racing 12 noon - Spnt
Sun. loam - 5pm
19-21 The Super Computer Show: Fri. loam -bpm, Sat. 10am-7pm, Sun. l0am-4pm
February
2-4 The Minnesota Walleye Expo: Fri. 3pm-9pm, Sat loam -bpm, Sun. 10am-5pm
18-19 PRIVATE DEALER SHOW - Bill Hicks, LTD
24-25 WSA Manufactures Cup (Snowmobile Rases): Sat. Racing 12 noon — 8pm
Sun. l Oam — 5pm
March
2-4 Twin Cities Boat Sale & Show: Hours TBD
April
6-9 Spring Festival Arts & Crafts Show: Fri. 1 lam -1 Opm, Sat. 9am-9pm,
Sun. 10am-5pm
22 HAM Fest - Ham Radio Operators Show & Sale: Sun. 7am-2pm
24 Shakopee Showcase: Mon 4pm-9pm
CANTERBURY PARK HOLWNG CORPORATION
1100 CANTERBURY ROAD P.0.5=508 SHAKOPEE, MINNESOTA 55379
TELEPHONE 952-445-7223 FAX 952-496.6400 WWW.CANTFRBURYPARK.COM
z ' d t7Et7 ' ON Al jud J,*6ng�MNUD Wdzz : E Baez ' bti ' 33G
May
6 124th Kentucky Derby "Simulcast party": Sat. 9am-lam
May 8 - September 3
Live Racing
Thursdays, Fridays - 1st Post 6:30 p.m.
Saturdays, Sundays & Holidays - 1st Post 1:30 p,m,
Thursdays - "Corporate Night'- Ubetcha Bar & Grill
Fridays - `Live Bands" — Apron (Racetrack side of Grandstand)
Sundays -'Family Day" & "Senior Day"
September
8-9, & 15-16 AMFM Concerts Sat_ 10am-10pm, Sun- I0am-9pm
Two weekends, schedule of bands & format TBD
October
1-31 Spooky World
(Note, Opening weekend & Days/Hours of operation may change)
Wednesdays - Sundays: 6pm-IOpm
November
6 Breeders Cup: Sat. gam -lam
8-11 Autumn Festival Arts & Crafts Show: Thurs/Fri. 1 lam-10pm,
Sat. 9am-9pm, Sun. loam 5pm
The above events are similar in nature to the ones we have conducted in the past.
If you need any additional information, please let me know prior to the City Council
meeting scheduled for December 19"' and I can have the information then. If any
additional special events are booked we will provide an updated schedule.
Sincerely,
` M
; �
Mary Pat Monson
Special gents Manager
612-496-6448
E ' d b617 ' ON x1 ud J,�jnEN31Nd0 Wdz2 : 6 BaOz ' bt *33G
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Proposed Ordinance Related to Tree Preservation
MEETING DATE: December 19, 2000
On November 6, 2000 the Council tabled the proposed ordinance, and directed that it be sent back to
the Planning Commission for additional review. The Planning Commission reviewed the draft
ordinance at its next, regularly scheduled meeting of December 7, 2000. Accompanying this report is a
copy of the draft ordinance as prepared by Natural Resources Director, Mark McQuillan, and reviewed
by the City Attorney.
After considering the draft ordinance, the Planning Commission passed 2 motions. First, the
Commission passed a motion (on a vote of 5-2) that 1) strongly recommended to the City Council that
a woodland inventory be ordered, which inventory would be used in conjunction with the ordinance; 2)
amending the draft to delete commercial, industrial, and major recreation land from the ordinance's
application, and 3) making changes in language related to alternative mitigation.
Second, the Commission passed a motion (on a vote of 7-0) recommending approval of the draft
ordinance, contingent on the previously passed motion.
1. Adopt the draft ordinance as presented.
2. Adopt the draft ordinance with revisions.
3. Do not adopt the draft ordinance.
4. Table the item for additional information.
F.Te-We".9 01111>
In order to consider the ordinance, the Council should first offer and pass a motion removing the item
from the table. The Council should then make a motion consistent with its desires.
R. Michael Leek
Community Development Director
9:\cc\2000\cc l 2 l 9\tdttreepres. doe
t "•
ORDINANCE NO. , FOURTH SERIES
AN ORDINANCE PERTAINING TO TREE PRESERVATION AND AMENDING
THE CITY CODE BY ADDING SECTION 11.63.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 — The City Code is amended by adding a new section 11.63 to read:
SEC. 11.63 TREE PRESERVATION
Subd. 1. Findings and Purpose. The City Council finds that it is in the best interest of the City
to protect, preserve, and enhance the natural environment of the community and to encourage a
resourceful and prudent approach to the development and alteration of wooded areas. In the
interest of achieving these objectives, the City Council has established these comprehensive tree
preservation regulations to promote the furtherance of the following objectives:
A. Protection and preservation of the environment and natural beauty of the city;
B. Assurance of orderly development within wooded areas to minimize tree and
habitat loss;
C. The evaluation of specific sites as to the development's impact on trees and
wooded areas;
D. Establishment of minimal standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal;
E. Provision of incentives for creative land use and environmentally compatible site
design that preserve trees and minimize tree removal and clear -cutting during
development; and
F. Enforcement of tree preservation standards to promote and protect the public
health, safety and welfare of the community.
Subd. 2. Definitions. For purposes of this Section the following terms have the meanings given
to them:
A. Applicant means any person or entity, which is required to submit and implement
an approved tree preservation plan under this section.
B. Builder means any person or entity to which a building permit is issued for the
construction of a single-family residence.
C. Caliper inch means the diameter of replacement trees measured at a height of
one foot above the ground level.
D. Construction area means any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry,
or any other change in the natural character of the land occurs as a result of the
site preparation, grading, building construction or any other construction activity.
1
E. Critical root zone (CRZ) means an imaginary circle surrounding the tree trunk
with a radius distance of one foot per one inch of tree diameter, e.g., a 20 -inch
diameter tree has a CRZ with a radius of 20 feet.
F. Developer means any person or entity other than a builder, as defined herein,
who undertakes to improve a parcel of land, by platting, grading, installing
utilities, or constructing or improving any building thereon.
G. Development means individual lot single-family and multi -residential, commercial
and industrial developments occurring during single-phase and two-phase
developments, as those terms are defined herein.
H. Diameter means the length of a straight line measured through the trunk of a tree
at 54 inches above the ground.
I. Diameter inch means the diameter, in inches, of a tree measured at diameter
breast height (4.5 feet from the uphill side of the existing ground level).
J. Drip line means the farthest distance away from the trunk that rain or dew will fall
directly to the ground from the leaves or branches of the tree.
K. Forester means a person holding a bachelor's degree in forestry from an
accredited four-year college of forestry.
L. Individual lot single-family residence development means the process where the
construction of a new single-family residence occurs on a single lot, or the
expansion of any existing single-family residence by ten percent or greater
square feet.
M. Landscape architect means a person licensed by the state as a landscape
architect.
N. Land Alteration means excavation, grading, clearing, filling or other earth change
that may result in:
1. The movement of more than three hundred fifty (350) cubic yards of
earth where significant trees are present, or
2. Any alteration of land of more than one foot from the natural contour of
the ground on any contiguous four hundred fifty square feet of ground
where significant trees are present, or
3. Any cutting or killing of more than twenty (20) percent of the significant
trees on any land within a period of five years.
O. Forest Stand means a contiguous group of trees sufficiently uniform in species
composition arrangement of age classes and condition to be a distinguishable
unit.
P. Natural Resource Director means the designated City official responsible for the
management of natural resources in the City of Shakopee.
Q. Significant woodland means a grouping or cluster of coniferous trees over four
feet in height and/or deciduous trees between four inches and 12 inches in
diameter with contiguous crown cover, occupying: (a) 1000 or more square feet
of property zoned RR, R-1 A, R-1B,R-1C, R-2 or PRD; (b) 1500 or more square
2
feet of property zoned R-3, B-1, or BP; or (c) 2000 square feet or more of
property zoned for commercial or industrial use.
R. Single-phase development means the process where improvement of the entire
site occurs in one continuing process. Single-phase development can include
initial site grading; installation of utilities; construction of public streets;
construction and grading of drainage -ways; filling of any areas; grading of the
pad area; utility hookups; construction of buildings, parking lots, driveways,
storage areas, recreation areas, private streets; and any other activity within the
construction area.
S. Coniferous evergreen tree means a woody plant that is, at least, twelve feet or
more in height and has foliage on the outermost portion of the branches year
round.
T. Deciduous tree means a woody plant which, at maturity, is at least 15 feet or
more in height, having a defined crown, and which sheds leaves annually.
U. Hardwood deciduous tree includes, but not limited to, ironwood, catalpa, oak,
maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and
basswood.
V. Significant tree means a healthy tree measuring a minimum of six inches in
diameter for hardwood deciduous trees, defined herein, or a minimum of 12
inches in diameter for softwood deciduous trees, as defined herein, or a
minimum of 12 feet in height for coniferous/evergreen trees.
W. Softwood deciduous trees are: poplars, aspen, silver maple and elm.
X. Specimen tree means a healthy hardwood deciduous tree measuring equal to or
greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or
greater in height.
Y. Two-phase development means the process where improvement of the entire site
occurs in at least two distinct phases. Generally the first phase includes initial site
grading; installation of utilities; construction of public streets; construction, grading
of drainage -ways; and filling of any areas. The second phase generally includes
grading of specific pad areas; utility hookups; construction of buildings, parking
lots, driveways, storage areas, recreation areas, private streets; and any other
activity within the specific construction zone.
Subd. 3. Permit Required. No application for a preliminary plat, building permit, excavation
permit, grading permit, or any other City approval that results in land alteration shall be
considered unless the applicant for such approval has first obtained a tree preservation permit.
Subd. 4. Concept Plan. Before applying for a tree preservation permit, an applicant may, but is
not required to, submit a concept plan to the City illustrating the general site layout, including
streets, parking areas, ponds, storm water basins, utilities and building footprints. The concept
plan should also identify forest stands and specimen trees (determined through required tree
inventory).
Subd. 5. Tree Preservation Plan. A tree preservation plan must be approved by the city and
implemented for any land alteration in connection with any of the following:
A. New development in any zoning district;
B. New building construction in any zoning district;
C. Expansion of any existing commercial, industrial or institutional building or
impervious surface by ten percent or greater square feet, where an approved
tree preservation plan is not on file with the city; or
D. Any project requiring a grading permit.
Subd 6 Exemption for Existing Single Family Residences. No tree preservation plan is
required for single-family residences desiring to remodel or expand existing buildings or grounds.
Subd. 7. Application. An application for a tree preservation permit must be made in writing to
the Natural Resources Director on a form provided by the City. For undeveloped single-family
lots with existing significant trees or woodlands, a Tree Preservation Plan shall be submitted for
review by City staff in conjunction with a building permit application. For other developments, the
application for a tree preservation permit must be submitted along with the application for
preliminary plat.
Subd. 8. Submission Requirements. An application for a tree preservation permit must include
the following information:
A. Delineation of the buildings, structures, or impervious surfaces situated thereon
or contemplated to be built thereon;
B. Delineation of all areas to be graded and limits of land disturbance;
C. A tree inventory, by a forester or landscape architect, depicting the size, species,
and location of all existing significant trees, specimen trees, and significant
woodlands located within the area to be platted or within the parcel of record.
These significant trees, specimen trees, and significant woodlands should be
identified in both graphic and tabular form;
D. Identification of all significant trees, specimen trees, and significant woodlands
proposed to be removed within the construction area. These significant trees,
specimen trees, and significant woodlands should be identified in both graphic
and tabular form;
E. Measures to protect significant trees, specimen trees, and significant woodlands;
F. Size, species, and location of all replacement trees proposed to be planted on
the property in accordance with the tree replacement schedule;
G. A drawing that accurately identifies the location and types of all existing trees and
woodlands to be removed and those to be preserved on the lot or plat. The
drawing shall illustrate where protection devices will be placed and areas to be
used for material and equipment storage.
H. Applicants of new single-family residential building permits are required to
prepare an individual lot tree preservation plan when significant tree, specimen
trees, and/or significant woodlands exist on site. Tree preservation plans for
individual lots will be required to have the plan prepared by a forester or
landscape architect.
Subd 9. Mitigation. In any development where the limits of the tree removal schedule are
exceeded, the applicant shall mitigate the tree loss by one of the following methods:
11
A. tree replacement within the development area or affected parcel in accordance
with the tree replacement schedule;
B. tree replacement in accordance with the tree replacement schedule on other
property owned by the applicant in the City; or
C. tree replacement in accordance with the tree replacement schedule on public
property in the City.
Subd. 10. Required Protective Measures. The tree preservation plan shall identify and require
the following measures to be utilized to protect significant trees, specimen trees, and significant
woodlands:
A. Installation of snow fencing or polyethylene laminate safety netting placed at the
drip line or at the perimeter of the critical root zone (CRZ), whichever is greater,
of significant trees, specimen trees, and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur within
this fenced area.
B. Identification of any oak trees requiring pruning between April 15 and July 1. Any
oak trees so pruned shall be required to have any cut areas sealed with an
appropriate nontoxic tree wound sealant immediately after damage occurs. If
cutting or pruning of oak trees is to take place between April fifteenth and July
first, the applicant shall provide a disease prevention plan within the tree
preservation plan.
C. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints. Washout areas are to be
identified on plans and signage of areas provided on construction site.
Subd. 11. Additional Protective Measures. The following tree protection measures should be
utilized to protect significant trees, specimen trees, and significant woodlands intended to be
preserved according to the tree preservation plan.
A. Installation of retaining walls or tree wells to preserve trees.
B. Placement of utilities, where possible, in common trenches outside of the drip
line of significant trees, or use of tunneled installation.
C. Use of tree root aeration, fertilization, and/or irrigation systems.
D. Transplanting of young trees to a protected area for later moving into permanent
sites within the construction area.
E. Therapeutic pruning.
Subd. 12. Performance Guarantee. Any applicant of a new development shall provide the
required performance guarantee prior to the approval or issuance of any construction and/or
grading permits. The amount of the performance guarantee will be calculated as follows:
A. For construction on previously platted vacant lots, the developer or builder shall
provide a performance guarantee in escrow of $1000 per lot. If damages exceed
$1000, the developer/builder can be assessed additional charges by multiplying
the total diameter inches of significant trees and specimen trees to be preserved
by the rate of payment of $25.00 per diameter inch and the total square feet of
significant woodlands to be preserved by the rate of $1.20 per square foot.
B. The performance guarantee will be released upon verification by the city that the
tree preservation plan was followed and all such requirements have been met.
No performance guarantee shall be released earlier than one year after the date
of the project closure.
Subd. 13. Removal of Diseased Trees Required. Prior to any grading, all diseased,
hazardous, and nuisance trees on the subject property shall be identified by the city forester, tree
inspector or designated agent of the City of Shakopee in accordance with the tree disease control
and prevention regulations of the City Code. Any and all diseased and nuisance trees so
identified shall be removed from the property, at the time of grading, if so directed.
Subd. 14. Compliance With Plan.
A. The applicant must implement the tree preservation plan prior to and during any
construction. The tree protection measures must remain in place until all grading
and construction activity is terminated, or until a request is made to and approved
by the city forester or designated agent of the City.
B. No significant trees, specimen trees, or significant woodlands may be removed
except in accordance with the approved tree preservation plan. If any significant
trees, specimen trees or significant woodland, which were intended to be
preserved, are removed without permission of the city forester or damaged so
that it is in a state of decline within one year from date of project closure, a cash
mitigation, calculated per diameter inch of the removed/destroyed tree or per
total square foot of significant woodlands, in the amount set forth in the city fee
schedule, shall be remitted to the city.
C. The city has the right to inspect the development or building site in order to
determine compliance with the approved tree preservation plan. No person may
unreasonably hinder, prevent or delay a city representative while engaged in the
execution or enforcement of his/her duties prior, during or after project approval.
D. All sites shall be staked, as depicted in the approved grading plan, and the
required tree protection fencing shall be installed before grading is to commence.
E. The city shall inspect the construction site prior to the beginning of the grading to
ensure that protective fencing and other protective measures are in place.
F. No encroachment, grading, trenching, filling, compaction, or change in soil
chemistry shall occur within the fenced areas protecting the critical root zone of
the trees to be saved.
Subd. 15. Allowable Tree Removal Schedule.
A. Specimen trees, significant trees, and significant woodlands that are destroyed or
removed beyond the following amounts must be replaced in accordance with the
Tree Replacement Schedule:
1. SINGLE LOT DEVELOPMENT.
a. Single -unit residential, 20 percent.
b. Commercial, Industrial, Major Recreation, Public Projects, and
multiunit residential, 35 percent.
0
2. MULTI -LOT DEVELOPMENT
a. Single-phase development process.
L Single unit residential, 45 percent.
ii. Commercial, Industrial, Major Recreation, Public
Projects and multiunit residential, 60 percent.
b. Two-phase development.
i. Initial site development, 25 percent.
ii. Individual lot development.
aa. Single unit residential, 20 percent.
bb. Commercial Industrial, Major Recreation, Public
Projects, or multiunit residential, 35 percent.
Subd. 16. Tree Replacement Schedule
A. Replacement and Location of Trees
1. Size of Tree Damaged or Destroyed
- Number of Replacement Trees.
Category
A/Category
B/Category C
Coniferous, 12' to 24' high
1
2
4
Coniferous, 24' or higher
2
4
8
Hardwood deciduous, 6" to 20" diameter
1
2
4
Hardwood deciduous, 21" to 30" diameter
2
4
8
Specimen Tree (Hardwood Deciduous),
greater than 30 "
3
6
12
Softwood deciduous, 12" to 24 " diameter
1
2
4
Softwood deciduous, greater than 24 "
2
4
8
2. Significant woodland replacement.
Where replacement of a significant woodland is required, the applicant
shall be responsible for furnishing and installing one category A
replacement tree or two category B replacement trees or four category C
replacement trees for every 125 square feet of significant woodland
damaged or destroyed, or any increment thereof.
3. Size of replacement trees.
Category A trees shall be no less than the following sizes:
Deciduous trees, not less than 3.5 inches in diameter.
Coniferous trees, not less than 10 feet in height.
Category B trees shall be no less than the following sizes:
Deciduous trees, not less than 2Y2 inches in diameter.
Coniferous trees, not less than six feet in height.
Category C trees shall be no less than the following sizes:
7
Deciduous trees, not less than 1'h inches in diameter.
Coniferous trees, not less than four feet in height.
4. Species requirement. Where ten or more replacement trees are
required, not more than 50 percent of the replacement trees shall be of
the same species of tree without the approval of the city.
5. Warranty requirement. Any replacement tree which is not alive or
healthy, as determined by the city, or which subsequently dies due to
construction activity within one year after the date of project closure shall
be removed by the applicant and replaced with a new healthy tree
meeting the same minimum size requirements within eight months of
removal.
6. Replacement and location. Trees subject to replacement pursuant to
this section shall be in addition to landscape requirements by City Code.
Replacement trees shall be planted in one or more of the following areas
on land: Restoration areas including slopes, out -lots or common areas,
buffer zones between different land uses and/or activities, project
entrance areas, and public areas.
7. Replacement trees shall be of a species similar to the trees which are
lost or removed and shall include those species referred by the
Minnesota Department of Natural Resources Native Tree Species List
B. Tree replacement in accordance with the tree replacement schedule shall
be calculated by replacing the largest diameter trees first, proceeding down
to the smallest diameter significant tree.
C. Tree replacement in accordance with the tree replacement schedule shall
be in addition to any landscape requirements.
D. The City may accept other vegetative or environmental alternatives
proposed by an applicant if those alternatives are monetarily equivalent to
the value of the recommended tree mitigation costs
Subd. 17. Technical Review Committee. If the applicant and the city staff are unable to reach
agreement with respect to the interpretation or enforcement of this Section, the matter will be
referred to a Technical Review Committee. When disagreements occur, the City shall have up to
15 days to arrange a TRC committee meeting. The TRC will consist of the applicant or a
representative of the applicant, a city staff member, and a representative of the forestry division of
the Minnesota Department of Natural Resources. The TRC's resolution of the matter shall be
final, unless appealed to the City Council by either the applicant or the city staff.
0
ORDINANCE NO. , FOURTH SERIES
AN ORDINANCE PERTAINING TO TREE PRESERVATION IN RESIDENTIAL
ZONING DISTRICTS AND AMENDING THE CITY CODE BY ADDING
SECTION 11.63.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 — The City Code is amended by adding a new section 11.63 to read:
SEC. 11.63 TREE PRESERVATION
Subd. 1. Findings and Purpose. The City Council finds that it is in the best interest of the City
to protect, preserve, and enhance the natural environment of the community and to encourage a
resourceful and prudent approach to the development and alteration of wooded areas in
residential zoning districts. In the interest of achieving these objectives, the City Council has
established these comprehensive tree preservation regulations to promote the furtherance of the
following objectives:
A. Protection and preservation of the environment and natural beauty of the city;
B. Assurance of orderly development within wooded areas to minimize tree and
habitat loss;
C. The evaluation of specific sites as to the development's impact on trees and
wooded areas;
D. Establishment of minimal standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal;
E. Provision of incentives for creative land use and environmentally compatible site
design that preserve trees and minimize tree removal and clear -cutting during
development; and
F. Enforcement of tree preservation standards to promote and protect the public
health, safety and welfare of the community.
Subd. 2. Definitions. For purposes of this Section the following terms have the meanings given
to them:
A. Applicant means any person or entity, which is required to submit and implement
an approved tree preservation plan under this section.
B. Builder means any person or entity to which a building permit is issued for the
construction of a single-family residence.
C. Caliper inch means the diameter of replacement trees measured at a height of
one foot above the ground level.
D. Construction area means any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry,
1
or any other change in the natural character of the land occurs as a result of the
site preparation, grading, building construction or any other construction activity.
E. Critical root zone (CRZ) means an imaginary circle surrounding the tree trunk
with a radius distance of one foot per one inch of tree diameter, e.g., a 20 -inch
diameter tree has a CRZ with a radius of 20 feet.
F. Developer means any person or entity other than a builder, as defined herein,
who undertakes to improve a parcel of land, by platting, grading, installing
utilities, or constructing or improving any building thereon.
G. Development means individual lot single-family and multi -family residential,
and iRdustrial developments occurring during single-phase and two-
phase developments, as those terms are defined herein.
H. Diameter means the length of a straight line measured through the trunk of a tree
at 54 inches above the ground.
I. Diameter inch means the diameter, in inches, of a tree measured at diameter
breast height (4.5 feet from the uphill side of the existing ground level).
J. Drip line means the farthest distance away from the trunk that rain or dew will fall
directly to the ground from the leaves or branches of the tree.
K. Forester means a person holding a bachelor's degree in forestry from an
accredited four-year college of forestry.
L. Individual lot single-family residence development means the process where the
construction of a new single-family residence occurs on a single lot. er—the
expansion of any existing single-farnily residenGe by ten per -Gent or greater
square feet
M. Landscape architect means a person licensed by the state as a landscape
architect.
N. Land Alteration means excavation, grading, clearing, filling or other earth change
for residential development that may result in:
1. The movement of more than three hundred fifty (350) cubic yards of
earth where significant trees are present, or
2. Any alteration of land of more than one foot from the natural contour of
the ground on any contiguous four hundred fifty square feet of ground
where significant trees are present, or
3. Any cutting or killing of more than twenty (20) percent of the significant
trees on any land within a period of five years.
®. Forest Stand means a contiguous group of trees sufficiently uniform in species
composition arrangement of age classes and condition to be a distinguishable
unit.
P. Natural Resource Director means the designated City official responsible for the
management of natural resources in the City of Shakopee.
2
Q. Significant woodland means a grouping or cluster of coniferous trees over four
feet in height and/or deciduous trees between four inches and 12 inches in
diameter with contiguous crown cover, occupying 1000 or more square feet of
property zoned RR, R-1 A, R-1 B, R-1 C, R-2 or PRD.
R. Single-phase development means the process where improvement of the entire
site occurs in one continuing process. Single-phase development can include
initial site grading; installation of utilities; construction of public streets;
construction and grading of drainage -ways; filling of any areas; grading of the
pad area; utility hookups; construction of buildings, parking lots, driveways,
storage areas, recreation areas, private streets; and any other activity within the
construction area.
S. Coniferous evergreen tree means a woody plant that is, at least, twelve feet or
more in height and has foliage on the outermost portion of the branches year
round.
T. Deciduous tree means a woody plant which, at maturity, is at least 15 feet or
more in height, having a defined crown, and which sheds leaves annually.
U. Hardwood deciduous tree includes, but not limited to, ironwood, catalpa, oak,
maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and
basswood.
V. Significant tree means a healthy tree measuring a minimum of six inches in
diameter for hardwood deciduous trees, defined herein, or a minimum of 12
inches in diameter for softwood deciduous trees, as defined herein, or a
minimum of 12 feet in height for coniferous/evergreen trees.
W. Softwood deciduous trees are: poplars, aspen, silver maple and elm.
X. Specimen tree means a healthy hardwood deciduous tree measuring equal to or
greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or
greater in height.
Y. Two-phase development means the process where improvement of the entire site
occurs in at least two distinct phases. Generally the first phase includes initial site
grading; installation of utilities; construction of public streets; construction, grading
of drainage -ways; and filling of any areas. The second phase generally includes
grading of specific pad areas; utility hookups; construction of buildings, parking
lots, driveways, storage areas, recreation areas, private streets; and any other
activity within the specific construction zone.
Subd. 3. Permit Required. No application for a preliminary plat, building permit, excavation
permit, grading permit, or any other City approval that results in land alteration shall be
considered unless the applicant for such approval has first obtained a tree preservation permit.
Subd. 4. Concept Plan. Before applying for a tree preservation permit, an applicant may, but is
not required to, submit a concept plan to the City illustrating the general site layout, including
streets, parking areas, ponds, storm water basins, utilities and building footprints. The concept
plan should also identify forest stands and specimen trees (determined through required tree
inventory).
Subd. 5. Tree Preservation Plan. A tree preservation plan must be approved by the city and
implemented for any land alteration in connection with any of the following:
3
A. New development in any residential zoning district;
B. New building construction in any residential zoning district; or
C. Expansion of any existing semmereial, '^d"ctri;ql or instifiutinn;;l __61 in
imneniini is si 14- Ge by ten nerrent or greater square feet where an onnrnved
tree preservation plan is not on filo Afith the rifir nr
C. Any other residential project requiring a grading permit.
Subd. 6. Exemption for Existing Single Family Residences. No tree preservation plan is
required for single-family residences desiring to remodel or expand existing buildings or grounds.
Subd. 7. Application. An application for a tree preservation permit must be made in writing to
the Natural Resources Director on a form provided by the City. For undeveloped single-family
lots with existing significant trees or woodlands, a Tree Preservation Plan shall be submitted for
review by City staff in conjunction with a building permit application. For other developments, the
application for a tree preservation permit must be submitted along with the application for
preliminary plat.
Subd. 8. Submission Requirements. An application for a tree preservation permit must include
the following information:
A. Delineation of the buildings, structures, or impervious surfaces situated thereon
or contemplated to be built thereon;
B. Delineation of all areas to be graded and limits of land disturbance;
C. A tree inventory, by a forester or landscape architect, depicting the size, species,
and location of all existing significant trees, specimen trees, and significant
woodlands located within the area to be platted or within the parcel of record.
These significant trees, specimen trees, and significant woodlands should be
identified in both graphic and tabular form;
D. Identification of all significant trees, specimen trees, and significant woodlands
proposed to be removed within the construction area. These significant trees,
specimen trees, and significant woodlands should be identified in both graphic
and tabular form;
E. Measures to protect significant trees, specimen trees, and significant woodlands;
F. Size, species, and location of all replacement trees proposed to be planted on
the property in accordance with the tree replacement schedule;
G. A drawing that accurately identifies the location and types of all existing trees and
woodlands to be removed and those to be preserved on the lot or plat. The
drawing shall illustrate where protection devices will be placed and areas to be
used for material and equipment storage.
H. Applicants of new single-family residential building permits are required to
prepare an individual lot tree preservation plan when significant tree, specimen
trees, and/or significant woodlands exist on site. Tree preservation plans for
individual lots will be required to have the plan prepared by a forester or
landscape architect.
n
Subd 9. Mitigation. In any development where the limits of the tree removal schedule are
exceeded, the applicant shall mitigate the tree loss by one of the following methods:
A. tree replacement within the development area or affected parcel in accordance
with the tree replacement schedule;
B. tree replacement in accordance with the tree replacement schedule on other
property owned by the applicant in the City; or
C. tree replacement in accordance with the tree replacement schedule on public
property in the City.
Subd. 10. Required Protective Measures. The tree preservation plan shall identify and require
the following measures to be utilized to protect significant trees, specimen trees, and significant
woodlands:
A. Installation of snow fencing or polyethylene laminate safety netting placed at the
drip line or at the perimeter of the critical root zone (CRZ), whichever is greater,
of significant trees, specimen trees, and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur within
this fenced area.
B. Identification of any oak trees requiring pruning between April 15 and July 1. Any
oak trees so pruned shall be required to have any cut areas sealed with an
appropriate nontoxic tree wound sealant immediately after damage occurs. If
cutting or pruning of oak trees is to take place between April fifteenth and July
first, the applicant shall provide a disease prevention plan within the tree
preservation plan.
C. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints. Washout areas are to be
identified on plans and signage of areas provided on construction site.
Subd. 11. Additional Protective Measures. The following tree protection measures should be
utilized to protect significant trees, specimen trees, and significant woodlands intended to be
preserved according to the tree preservation plan.
A. Installation of retaining walls or tree wells to preserve trees.
B. Placement of utilities, where possible, in common trenches outside of the drip
line of significant trees, or use of tunneled installation.
C. Use of tree root aeration, fertilization, and/or irrigation systems.
D. Transplanting of young trees to a protected area for later moving into permanent
sites within the construction area.
E. Therapeutic pruning.
Subd. 12. Performance Guarantee. Any applicant of a new development shall provide the
required performance guarantee prior to the approval or issuance of any construction and/or
grading permits. The amount of the performance guarantee will be calculated as follows:
A. For construction on previously platted vacant lots, the developer or builder shall
provide a performance guarantee in escrow of $1000 per lot. If damages exceed
$1000, the developer/builder can be assessed additional charges by multiplying
the total diameter inches of significant trees and specimen trees to be preserved
by the rate of payment of $25.00 per diameter inch and the total square feet of
significant woodlands to be preserved by the rate of $1.20 per square foot.
B. The performance guarantee will be released upon verification by the city that the
tree preservation plan was followed and all such requirements have been met.
No performance guarantee shall be released earlier than one year after the date
of the project closure.
Subd. 13. Removal of Diseased Trees Required. Prior to any grading, all diseased,
hazardous, and nuisance trees on the subject property shall be identified by the city forester, tree
inspector or designated agent of the City of Shakopee in accordance with the tree disease control
and prevention regulations of the City Code. Any and all diseased and nuisance trees so
identified shall be removed from the property, at the time of grading, if so directed.
Subd. 14. Compliance With Plan.
A. The applicant must implement the tree preservation plan prior to and during any
construction. The tree protection measures must remain in place until all grading
and construction activity is terminated, or until a request is made to and approved
by the city forester or designated agent of the City.
B. No significant trees, specimen trees, or significant woodlands may be removed
except in accordance with the approved tree preservation plan. If any significant
trees, specimen trees or significant woodland, which were intended to be
preserved, are removed without permission of the city forester or damaged so
that it is in a state of decline within one year from date of project closure, a cash
mitigation, calculated per diameter inch of the removed/destroyed tree or per
total square foot of significant woodlands, in the amount set forth in the city fee
schedule, shall be remitted to the city.
C. The city has the right to inspect the development or building site in order to
determine compliance with the approved tree preservation plan. No person may
unreasonably hinder, prevent or delay a city representative while engaged in the
execution or enforcement of his/her duties prior, during or after project approval.
D. All sites shall be staked, as depicted in the approved grading plan, and the
required tree protection fencing shall be installed before grading is to commence.
E. The city shall inspect the construction site prior to the beginning of the grading to
ensure that protective fencing and other protective measures are in place.
F. No encroachment, grading, trenching, filling, compaction, or change in soil
chemistry shall occur within the fenced areas protecting the critical root zone of
the trees to be saved.
Subd. 15. Allowable Tree Removal Schedule.
A. Specimen trees, significant trees, and significant woodlands that are destroyed or
removed beyond the following amounts must be replaced in accordance with the
Tree Replacement Schedule:
1. SINGLE LOT DEVELOPMENT.
a. Single -unit residential, 20 percent.
G
2. MULTI -LOT DEVELOPMENT
a. Single-phase development process.
L Single unit residential, 45 percent.
b. Two-phase development.
L Initial site development, 25 percent.
ii. Individual lot development.
aa. Single unit residential, 20 percent.
Subd. 16. Tree Replacement Schedule
A. Replacement and Location of Trees
1. Size of Tree Damaged or Destroyed - Number
of Replacement Trees.
Category
A/Category
B/Category C
Coniferous, 12' to 24' high
1
2
4
Coniferous, 24' or higher
2
4
8
Hardwood deciduous, 6" to 20" diameter
1
2
4
Hardwood deciduous, 21" to 30" diameter
2
4
8
Specimen Tree (Hardwood Deciduous),
greater than 30 "
3
6
12
Softwood deciduous, 12" to 24 " diameter
1
2
4
Softwood deciduous, greater than 24 "
2
4
8
2. Significant woodland replacement.
Where replacement of a significant woodland is required, the applicant
shall be responsible for furnishing and installing one category A
replacement tree or two category B replacement trees or four category C
replacement trees for every 125 square feet of significant woodland
damaged or destroyed, or any increment thereof.
3. Size of replacement trees.
Category A trees shall be no less than the following sizes:
Deciduous trees, not less than 3.5 inches in diameter.
Coniferous trees, not less than 10 feet in height.
Category B trees shall be no less than the following sizes:
Deciduous trees, not less than 2%2 inches in diameter.
Coniferous trees, not less than six feet in height.
Category C trees shall be no less than the following sizes:
Deciduous trees, not less than 1'/2 inches in diameter.
Coniferous trees, not less than four feet in height.
VA
4. Species requirement. Where ten or more replacement trees are
required, not more than 50 percent of the replacement trees shall be of
the same species of tree without the approval of the city.
5. Warranty requirement. Any replacement tree which is not alive or
healthy, as determined by the city, or which subsequently dies due to
construction activity within one year after the date of project closure shall
be removed by the applicant and replaced with a new healthy tree
meeting the same minimum size requirements within eight months of
removal.
6. Replacement and location. Trees subject to replacement pursuant to
this section shall be in addition to landscape requirements by City Code.
Replacement trees shall be planted in one or more of the following areas
on land: Restoration areas including slopes, out -lots or common areas,
buffer zones between different land uses and/or activities, project
entrance areas, and public areas.
7. Replacement trees shall be of a species similar to the trees which are
lost or removed and shall include those species referred by the
Minnesota Department of Natural Resources Native Tree Species List
B. Tree replacement in accordance with the tree replacement schedule shall
be calculated by replacing the largest diameter trees first, proceeding down
to the smallest diameter significant tree.
C. Tree replacement in accordance with the tree replacement schedule shall
be in addition to any landscape requirements.
D. The City may accept other vegetative or environmental alternatives
proposed by an applicant if those alternatives are monetarily equivalent to
the value of the recommended tree mitigation costs
Subd. 17. Technical Review Committee. If the applicant and the city staff are unable to reach
agreement with respect to the interpretation or enforcement of this Section, the matter will be
referred to a Technical Review Committee. When disagreements occur, the City shall have up to
15 days to arrange a TRC committee meeting. The TRC will consist of the applicant or a
representative of the applicant, a city staff member, and a representative of the forestry division of
the Minnesota Department of Natural Resources. The TRC's resolution of the matter shall be
final, unless appealed to the City Council by either the applicant or the city staff.
1'
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preservation (AG) to Urban Residential (R-113)
MEETING DATE: December 19, 2000
Associated Capital Corporation, Applicant, and Betaseed Inc., property owner, have submitted an
application requesting that the City amend its zoning map to rezone property currently zoned
Agricultural Preservation (AG) to Urban Residential (R-113). The property is located south of 171h
Avenue and Weston Ponds, and west of CSAH 17. The approved and draft Comprehensive Plans
guide this area for single family residential uses.
At its December 7, 2000, meeting, the Planning Commission took public testimony and reviewed this
request. The Planning Commission recommended approval of this request to the City Council with a
vote of 7-0. Provided for your reference is a copy of the December 7, 2000 memorandum to the
Planning Commission.
ALTERNATIVES:
1. Approve the request to rezone the property from Agricultural Preservation (AG) to Urban
Residential (R -1B).
2. Deny the request to rezone property from Agricultural Preservation (AG) to Urban Residential (R -
1B)_
I Table the decision and request additional information from the applicant and/or staff.
FTGKKIGN1 1;
Offer a motion to approve Ordinance No. 588, rezoning property from Agricultural Preservation
(AG) to Urban Residential (R -1B).
R. Michael Leek
Community Development Director
g:\cc\2000\ccl2l9\rezassoccap.doc
ORDINANCE NO. 588, FOURTH SERIES
ORDINANCEAN OF OF tPMINNESOTA,
REZONINGAMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY
D GENERALLY LOCATED•< • ; 17T" AVENUE AND WEST
•A T
WHEREAS, Assoc. Capital Corp., applicant and Betaseed, Inc., property owner, has
requested the rezoning of land from Agricultural Preservation (AG) to Urban Residential (R -1B); and
WHEREAS, the subject property is legally described as follows:
The west 340.00_ feet of the Southwest ®darter of the Northeast Quarter, Section 18,
Towf7ship115, Range 22, Scott County, Minnesota.
And
The East 90. 00feet of the North 200.00 feet of the West 430.00 of the Southwest Quarter
of the Northeast Quarter, Section 18, Township 113, Range 22, Scott County, Millflesota.
And
The West 340.00 feet of the North -160.05 feet of the Northwest Quarter of the Southeast
Ouarter, Section 18, Township 115, Range 22, Scott County, Minnesota, • and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on December 7, 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 December 19, 2000, and
found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the
City within which it is located.
ORDAINS:
Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by
rezoning the property referenced herein, from Agricultural Preservation (AG) to Urban Residential
(R -1B).
Section 2 - Effective Date. This ordinance becomes effective from and after its passage
and publication.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of
Attest:
2000.
Mayor of the City of Shakopee
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of 12000.
TO:
FROM:
SUBJECT:
APPLICANT:
d
I .kMemorandum
Shakopee Planning Commission
R. Michael Leek, Community Development Director
Amendment to the Zoning Map rezoning property from Agricultural
Preservation (AG) to Urban Residential zone (R-1)
Associated Capital Corporation, Applicant
Betaseed Inc. — Property Owner
STING BA : December 7, 2000
November 8, 2000/January 7, 2001
Associated Capital Corporation has requested that the City amend its zoning map to rezone property
currently zoned Agricultural Preservation (AG) to Urban Residential (R -1B). The property is located
south of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed Inc.'s offices. The approved
vides this area for single-family density residential use, as does the
1995 Comprehensive Plan
proposed plan update.
Applicant: Associated Capital Corporation
Property Owner: Betaseed Inc.
Location: South of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed
Inc.'s offices
Adjacent Zoning: North:
South: Agricultural Preservation (AG)
East: CSAR 17, B-2/PUD
West: Agricultural Preservation (AG)
MUSA- The site is within the current MUSA boundary_
_�,. tt,.
The applicant is requesting that the City amend the Official Zoning Map by rezoning property currently
zoned as Agricultural Preservation (AG) to Urban Residential (R -1B)_ Please see Exhibit A for the
location of the subject site.
v:WVatle
The City's Comprehensive Plan sets basic policies to guide the development of the City. The purpose
of designating different areas for residential, commercial, and industrial land uses is to promote the
location of compatible land uses, as well as to prevent incompatible land uses from being located in
close proximity to one another. The Zoning Ordinance is one of the legal means by which the City
implements the Comprehensive Plan. Under Minnesota statute, zoning is to conform with a city's
comprehensive plan.
Both the adopted and proposed city land use plans guide the subject property for single-family
residential use. The proposed rezoning is consistent with those land use plans. Exhibits B and C
provide a listing of the uses, both permitted and conditional,
nditio Co that
of the Jandu use plans in the Agricultural
Preservation (AG) and Urban Residential (R -1B) P
available for viewing at City Hall and will be made available at the December 7, 2000, meeting.
Findings:
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Commission's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The ol-iginnal zoning district as depicted on the City's can-ent zoning map is not
consistent with the City's adopted Comprehensive Plan.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding 92 Significant changes it, community goals aid policies have not taken place relative to
the subject property.
Criteria #3 That significant changes in City -}vide or neighborhood development patterns
have occurred; or
Finding 93 Significant changes iri City-wide or neighborhood development patterns have
occurred in that development adjacent to Highway 169 has occurred with the opening
of the highway, particularly at the locations of the interchanges
Criteria #4 That the comprehensive plan requires a different provision.
Finding }#4 The proposed rezoning would be consistent with both the adopted and proposed
Comprehensive Plcnn land use map.
Alternatives:
1. Recommend to the City Council the approval of the request to rezone the subject property
from Agricultural Preservation(AG) to Urban Residential (R -1B).
2. Recommend to the City Council the denial of the request to rezone the subject property from
Agricultural Preservation (AG) to Urban Residential (R -IB).
3. Continue the public hearing and request additional information from the applicant or staff.
Staff Recommendation:
Staff recommends Alternative No. 1, recommending to the City Council the approval of the request to
rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R -IB).
Action Requested:
Offer a motion to recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation (AG) to Urban Residential (R -IB).
R. Michael Leek
Community Development Director
cr:\boaa-pc\2000\Dec77\rzassoccap.doc
T
WE
SHAKOPEE S
CFTMES14CE1W
l Rezoning
Associated •
AG to R-1 B
Please see enclosed site plan for actual boundaries of proposed rezoninb.
Zoning
Parcels
11114100
§11.28
4_ the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
mu ' unctional organization if the required space available for use by
participanis is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a, hallways, stairways, closets, offices, restmms, and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
5, comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
1. group family day care facilities serving fourteen (14) or fewer children;
J. residential facilities serving six (6) or fewer persons;
K. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
this Section; (Ord. 496, August 21, 1997)
single family detached dwellings; or (Ord. 563, November 25, 1999)
M. single and mixed use developments which comply with Section 11.50 and have
received approval from the City Council. (Ord. 563, November 25, 1999)
Subd. 3. Conditional Uses. Within the urban residential zone, no structure or land steal, be used
for the following uses except by conditional use permit:
A. churches and other places of worship;
S. (Deleted, Ord. 501, September 18, 1997)
D. cemeteries;
D. public or private schools having a course of instruction approved by the Minnesota
Board of Education for students enrolled in K through grade 12, or any portion
thereof;
E. bed and breakfast inns;
F. utility service structures;
G. day care facilities serving thirteen (13) through sixteen (16) persons;
page revised in 1999
1130
H. adult day care centers as permir, ad uses, subject to the following conditions: the
adult day centers shall:
1, serve thirteen (13)ormore persons;
2- provide proof of an adequate water and sewer system N not served by
municipal utilities;
3, have outdoorleisure/recreation areas located and designed to minimize
visual and noise impacts onadjacent areas;
' ~^-
4L the total indoor space available for use bwparticipants must equal e1least
forty �� �us�f��r �h �����ioi�� and each day carestaff` '
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization If the required space available for use by
participants is maintained while the center is operating. In determining the
square footage ofusable indoor space available, acenter must not count:
e' he|bwavu, stainwaya, cboats, offioes, nastrooma and udi(hv and
storage areas;
b' more than 25% of the space occupied by the furniture or
equipment used bvparticipants orstaff; or
C. in multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
5. provide proof of s|a1e, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements. (Ord. 482. May 15.
1SQ7}
],
residential facilities servicing from seven (7) through sixteen (1G)persons;
J. relocated structures;
K. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height;
L. developments containing more than one (1) principal structure per lot; or
M. other uses similar to those permitted by the subdivision, upon o determination by
�e����m��/�/�+�'n�����u�n�e���e��
Conditional Use Permit- (Ord. 501, September 18, 1997; Ord. 528, October 29,
1998)
Subd. 4. Permittgad Accessory Uses. Within the urban residential zone, the following uses shall
be permitted accessory uses:
page "°is&dm,ae
§1128
A. gages;
C. recreation equipment;
D. gardening and other horticultural uses not involving retail sales;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co -located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4, signage shall not be allowed on the communication service
devices)/apparatus other than danger or warning type signs;
5, must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6, shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7, applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8, all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site small be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
g, the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices (s)/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b, commercial recreation areas and major playfields used primarily by
adults;
page revised in 1999
1132
§1129
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, Marcs 13,1997)
F. swimming pools;
G. tennis courts;
H. home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18, 1997) _
1, solar equipment; or
J. other accessory uses, as determined by the Zoning Administrator.
Subd 5Design Standards. Within the urban residential zone, no lard shall be used, and no
structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: five (5) dwellings per acre. Streets shall be excluded in
calculating acreage.
B. Maximum impervious surface percentage: 50%
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(existing two-family dwelling): 70 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 30 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
1?. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
Subd 6 Additional Reguirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25,1979; Ord. 60, May 14,1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
SEC. 11.29. Reserved.
page revised in 1999
1133
§11.22
' SEC_ 11 M- AGRICULTURAL PRESERVATION ZONE (AG).
$ubd 1 pumose. The purpose of the agricultural preservation zone is to preserve and promote
agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered
and leap frog non-farm growth, and to prevent premature expenditures for such public services as
roads, sewer, water, and police and fire protection.
Subd 2. permitted UseS• Within the agricultural preservation zone, no structure or land shall be
used except for one or more of the following uses:
A. agricultural uses;
B. single family detached dwellings;
C. forestry and nursery uses;
D. seasonal produce stands;
E. riding academies;
F. utility services;
G. public recreation;
H. public buildings;
.l, day care facilities serving twelve (12) or fewer persons;
J. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1. serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisurelrecreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
page revised in 1999
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
�C4-1l�IT G
§11.22
C. in a multifunctional organization, any space occupied by persons
associated virth the multifunctional organUation while particiis
are using common space; and
5, iy with all other state licensing requirements. (Ord. 482, May 15,
1997
K. group family day care facilities serving fourteen (14) or fewer children;
L.. residential facilities serving six (6) or fewer persons; or
M. single family detached dwellings. (Ord. 563, November 25,1999)
Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be
used for the following uses except by conditional use permit:
commercial feedlots, which include yards, lots, pens, buildings, or other areas or
structures used for the confined feeding of livestock or other animals for food, fur,
pleasure, or resale purposes;
E. (Deleted, Ord. 561, September 18, 1997)
C. retail sales of nursery and garden supplies;
D. cemetenes;
E. churches and other places of worship;
F. agricultural research facilities, which are facilities specifically operated for the
purpose of conducting research in the production of agricultural crops, including
research aimed at developing plant varieties. This terse specifically excludes
research regarding the development or research of soil conditioners, fertilizers, or
other chemical additives placed in or on the soil or for the experimental raising of
animals;
G. animal hospitals and veterinary clinics;
H. kennels_ A kennel is any premise in which more than two (2) domestic animals,
over six (6) months of age, are boarded, bred or offered for sale;
1. public or private schools having a course of instruction approved by the Minnesota
Department of Education for students enrolled in K through grade 12, or any portion
thereof;
J. commercial recreation, minor;
K. utility service structures;
L. day care facilities serving thirteen (13) through sixteen (16) persons;
page revised in 1999
1112
§11.22
_ _ adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1, serve thirteen (13) or more persons;
2. provide proof of an adequate water and sewer system if not served by
- municipal utilities;
3. have outdoor leisuretrecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
fourty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
S. provide proof of state, federal and other governmental licensing agency
approval; and
6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997)
N. residential facilities serving from seven (7) through sixteen (16) persons;
p, wind energy conversion systems or windmills;
P. relocated structures;
Q. structures over two and one-half (2-112) stories or thirty-five (35) feet in height;
R. developments containing more than one (1) principal structure per lot; or
S. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528, October 29,1998)
page revised in 1999
1113
§11.22
SssCrV Uses. Within the agricultural preservation zone the following uses
shall be permitted accessory uses:
A. machinery, structures and silos necessary to the conduct of agricultural operations;
(Ord. 549, June 3, 1999)
B. garages;
C. fences; -
D. recreational equipment;
E. stables;
F. swimming pools;
G. solar equipment;
H. tennis courts;
1. receive only satellite dish antennas and other antenna devices;
J. home occupations contingent upon approval of a home occupation per-mit-, or (Ord.
501, September 18, 1997)
K. other accessory uses, as determined by the Zoning Administrator.
Subd. S. Design Standards. Within the agricultural preservation zone, no land shall be used, and
no structure shall be constructed or used, except in conformance with the following requirements:
A. Maximum density: one (1) dwelling per forty (40) acres.
S. Lot specifications:
Minimum lot width: 1000 feet.
Minimum
eet-
Minimum lot depth: 1000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rear yard setback: 40 feet.
C. - Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd. 6. Additional Requirements.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
page mused in 1999
1114
§1124
- B. All dwellings shall have a permanent foundation in conformance nneta
979; Ord. 264, May 2 Mi
e Ord
State em er 1,1.89; Ord. 1304, No,
279, Dececmber 7,1991; Ord 377, July 7, 1994; Ord.
435, November 30,1995)
SEC. 1123. Reserved.
SEC. 1124. RURAL RESIDE ZONE (RR).
Subd 1. Pumose. The purpose of the rural residential zone is to allow low-density residential
development in areas which are not served by municipal urban services. 3,
Subd. 2. Permitted Uses. Within the rural residential zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. single family detached dwellings;
B. agricultural uses;
C. forestry and nursery uses;
D. utility services;
E. public recreation;
F. public buildings;
G. day care facilities serving twelve (12) or fewer persons;
H. adult day care centers as permitted uses, subject to the following conditions: The
adult day care center shall:
1, serve twelve (12) or fewer persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designated to minimize
visual and noise impacts on adjacent areas;
4_ the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
page revised in 1999
1115
R. Michael Leek
Community Development Director
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Dear Mr. Leek -
Re: Public Dearing 12700
Rezoning property south of 17' Avenue
and west of CSAR 17
I have a notice of public hearing for 12/7/00 in regard to a rezoning proposal. I will be
out of town on that day but I would like to register my position.
Vehicular traffic on County Road 17, particularly during an evening rush hour, has already
reached traffic jam proportions on a daily basis. This congestion has developed quickly because
of the recent completion of the interchange with Highway 169 and the shopping development
surrounding that intersection. My house is north and west of that intersection and I encounter
significant delays already when attempting to make a left turn from County Road 17 onto Vierling
during the evening rush.
I understand that more development is inevitable and I am resigned to that fact. I would
specifically request, however, that the city of Shakopee take pains to analyze the level of traffic
around this area. Plans for some traffic alternative should be made before an expanding
population makes vehicular traffic absolutely unmanageable.
Sincerely,
David G. Johnson
November 28, 2000
Mr. David G. Johnson
1035 Lilac Court
Shakopee, MN 55379
RE: Associated Capital Corp. Rezoning Request
Dear Mr. Johnson:
Thank you for your letter, dated November 27, 2000. 1 will include your letter with the
information that is provided to the Planning Commission for consideration at its
December 7, 2000 meeting, and your comment will become a part of the record in this
matter.
In your letter you specifically request that the city analyze the level of traffic in this area.
During 1999, the city and its engineering and traffic consultants did complete such an
analysis. This study analyzed current and future traffic demands in the area of Marschall
Road/CSAH 17, Vierling Drive and l7th Avenue. The improvements that have been
made at Vierling Drive, at 17 Avenue, Avenue, and to Marschall Road south of 17`h Avenue have
been based on this analysis and study. This study is available for viewing at city hall, and
iew it, you may want to be in touch with the city's Public Works
should you wish to rev
Director/City Engineer, Bruce Loney.
Please feel free to contact me if you have other comments or concerns regarding this
matter.
Ve Iy/
R. Michael Leek
Community Development Director
CC. Associated Capital Zoning File
DD. Bruce Loney, Public Works Director
EE. 2000 Correspondence File
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CITY OF SHAKOPEE
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preservation (AG) to Urban Residential zone (R-1)
APPLICANT: Associated Capital Corporation, Applicant
Betaseed Inc. — Property Owner
MEETING DATE: December 7, 2000
November 8, 2000/January 7, 2001
'/1 1
Associated Capital Corporation has requested that the City amend its zoning map to rezone
property currently zoned Agricultural Preservation (AG) to Urban Residential (R-113). The
property is located south of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed Inc.'s
offices. The approved 1995 Comprehensive Plan guides this area for single-family density
residential use, as does the proposed plan update.
Applicant: Associated Capital Corporation
Property Owner: Betaseed Inc.
Location: South of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed
Inc.'s offices
Adjacent Zoning: North: Agricultural Preservation (AG)
South: Agricultural Preservation (AG)
East: CSAH 17, 13-2/PUD
West: Agricultural Preservation (AG)
MUSA: The site is within the current MUSA boundary.
Discussion:
The applicant is requesting that the City amend the Official Zoning Map by rezoning properly
currently zoned as Agricultural Preservation (AG) to Urban Residential (R -1B). Please see Exhibit
A for the location of the subject site.
The City's Comprehensive Plan sets basic policies to guide the development of the City. The
purpose of designating different areas for residential, commercial, and industrial land uses is to
promote the location of compatible land uses, as well as to prevent incompatible land uses from
being located in close proximity to one another. The Zoning Ordinance is one of the legal means
by which the City implements the Comprehensive Plan. Under Minnesota statute, zoning is to
conform with a city's comprehensive plan.
Both the adopted and proposed city land use plans guide the subject property for single-family
residential use. The proposed rezoning is consistent with those land use plans. Exhibits B and C
provide a listing of the uses, both permitted and conditional, that are allowed in the Agricultural
Preservation (AG) and Urban Residential (R -1B) zones. Copies of the land use plans are
available for viewing at City Hall and will be made available at the December 7, 2000, meeting.
Findings:
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
proposed findings for the Commission's consideration.
Criteria 91 That the original Zoning Ordinance is in error;
Finding 91 The original zoning district as depicted on the City's current zoning map is not
consistent with the City's adopted Comprehensive Plan.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have not taken place relative
to the subject property.
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding 43 Significant changes in City-wide or neighborhood development patterns have
occurred in that development adjacent to Highway 169 has occurred with the
opening of the highway, particularly at the locations of the interchanges.
Criteria #4 That the comprehensive plan requires a different provision.
Finding 44 The proposed rezoning would be consistent with both the adopted and proposed
Comprehensive Plan land use map.
Alternatives:
1. Recommend to the City Council the approval of the request to rezone the subject property
from Agricultural Preservation(AG) to Urban Residential (R -1B).
2. Recommend to the City Council the denial of the request to rezone the subject property
from Agricultural Preservation (AG) to Urban Residential (R -1B).
3. Continue the public hearing and request additional information from the applicant or staff.
Staff Recommendation:
Staff recommends Alternative No. 1, recommending to the City Council the approval of the request
to rezone the subject property from Agricultural Preservation (AG) to Urban Residential (R -1B).
Action Requested:
Offer a motion to recommend to the City Council the approval of the request to rezone the subject
property from Agricultural Preservation (AG) to Urban Residential (R -1B).
R. Michael Leek
Community Development Director
g:\boaa-pc\2000\Dec77\rzassoccap.doc
CITY OF SHAKOPEE
ff~nrir"Jr,zm
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Community Development Director
SUBJECT: Amendment to the Zoning Map rezoning property from Agricultural
Preservation (AG) to Urban Residential zone (R-1)
APPLICANT: Associated Capital Corporation, Applicant
Betaseed Inc. — Property Owner
MEETING DATE: December 7, 2000
November 8, 2000/January 7, 2001
Irl` C5,
Associated Capital Corporation has requested that the City amend its zoning map to rezone
property currently zoned Agricultural Preservation (AG) to Urban Residential (R -1B). The
property is located south of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed Inc.'s
offices. The approved 1995 Comprehensive Plan guides this area for single-family density
residential use, as does the proposed plan update.
Site Information:
Applicant: Associated Capital Corporation
Property Owner: Betaseed Inc.
Location: South of Hwy. 169 and west of Marschall Road/CSAH 17 and Betaseed
Inc.'s offices
Adjacent Zoning: North: Agricultural Preservation (AG)
South: Agricultural Preservation (AG)
East: CSAH 17, 13-2/PUD
West: Agricultural Preservation (AG)
MUSA: The site is within the current MUSA boundary.
Discussion:
1 • Recommend to the Ci
from A Preservation(AG) Council the approval of the request to rezone the subject pro
2 Agricultural Preservation(AG) to Urban Residential erty
Recommend to the Ci (R -1B), p P
from A �' Council the denial of the request to rezone the subject property
3 Agricultural Preservation (AG) to Urban Residential
Continue the public hearin (R -1B), p pertY
g and request additional information from the applicant or staff.
Staff Recommendation:
Staff recommends Alternative No. 1, reco
to rezone the sub'ect property e from Agricultural preservation (AG) to ending to the City Council the approval of the request
�
Action Requested: Urban Residential (R -1B).
Offer a motion to recommend to the City Council the approval
Property
from Agricultural preservation (AG) to Urban Re ide tial the request to rezone the subject
(R -1B).
R. Michael Leek
Community Development Director
9:lboaa-pc120001Dec771rzassoccap. doc
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Amendment to the Zoning Map rezoning property from Light Industrial
(I1) to Planned Residential District (PRD), Highway Business (B1), and
Community Commercial (CC)
MEETING DATE: December 19, 2000
INTRODUCTION
Shakopee Crossings Limited Partnership has requested that the City amend its zoning map to rezone
property currently zoned Light Industrial (I1) to Planned Residential District (PRD), Highway Business
(B 1) and Community Commercial (CC). The property is located south of Hwy. 169, west of County
Road 18 and north and south of Southbridge Parkway. The approved and draft Comprehensive Plans
guide this area for commercial and medium density residential uses_
At its December 7, 2000, meeting, the Planning Commission took public testimony and reviewed this
request. The Planning Commission recommended approval of this request to the City Council with a
vote of 6-0-1 (Houser abstaining). Provided for your reference is a copy of the December 7, 2000
memorandum to the Planning Commission. Staff is recommending that adoption of the ordinance be
withheld until the review of the final plat. Delaying adoption of the ordinance will allow for the
inclusion of accurate legal descriptions. Determination of legal descriptions prior to platting may cause
inaccuracy and require revision at a later date.
ALTERNATIVES
1. Approve the request to rezone the property from Light Industrial (I1) to Planned
Residential District (PRD), Highway Business (B1) and Community Commercial (CC).
2. Deny the request to rezone property from Light Industrial (I1) to Planned Residential
District (PRD), Highway Business (B 1) and Community Commercial (CC).
I Table the decision and request additional information from the applicant and/or staff.
ACTION REQUESTED
Offer a motion to approve the rezoning of property from Light Industrial (I1) to Planned
Residential District (PRD), Highway Business (B 1), and Community Commercial (CC) and
directing staff to prepare an ordinance for the rezoning to be considered simultaneously with the
Final Plat of the property (Alternative No. 1). m
��
lie Klima
Planner II
g:\cc\2000\cc 1219\rershakopeecrossings.doc
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner 11
S CT: Amendment to the Zoning Map - Rezone property from
Light Industrial (11) to Planned Residential District (PRD), Highway
Business (B1) and Community Commercial (CC)
December 7, 2000
REVIEW PERIOD: November 9, 2000 — January 8, 2001
Site Information
Applicant: Shakopee Crossings Limited Partnership
Property Owner: Shakopee Crossings Limited Partnership
Location: West of County Road 18 and north and south of Southbridge Parkway
Adjacent Zoning: North: Highway 169
South: Light Industrial (I1)
East: Light Industrial (I 1)
West: Urban Residential (R -1B)
MUSA: The site is within the MUSA boundary.
Discussion
The applicant is requesting that the City amend the Official Zoning Map by rezoning property
currently zoned as Light Industrial (11) to Planned Residential District (PRD), Highway Business
(B 1), and Community Commercial (CC). Please see Exhibit A for the location of the subject site_
The Comprehensive Plan has set basic policies to guide the development of the City. The
purpose of designating different areas for residential, commercial, and industrial land uses is to
promote the location of compatible land uses, as well as to prevent incompatible land uses from
being located in close proximity to one another. The Zoning Ordinance is one of the legal means
by which the City implements the Comprehensive Plan. Exhibits B, C, D, and E provide a
listing of the uses, both permitted and conditional, that are allowed in the Light Industrial (Il)
and Planned Residential District (PRD), Highway Business (BI), and Community Commercial
(CC) zones_
The 1995 Land Use Plan, as well as the draft Land Use Plan, guides this property for
Commercial and Medium Density Residential purposes. Copies of the land use plans areas
available for viewing at City Hall and will be made available at the December 7, 2000, meeting.
Exhibit F outlines the approximate areas proposed for zoning changes and the requested change.
The applicant is proposed the following zoning changes:
• Proposed Lots 1, 2, and 3, Block 1 are proposed to be zoned Planned Residential District
(PRD)-)
® Proposed Lot 1, Block 2 and Lots 1, 2, and 3, Block 3 are proposed to be zoned to
Highway Business (B 1);
• Proposed Lot 1, Block 4 are proposed to be zoned to Community Commercial (CC).
iin s
The criteria required for the granting of a Zoning Ordinance Amendment are listed below with
staff findings.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 The original Zoning Ordinance is not in error.
Criteria 42 That significant changes in community goals and policies have taken place;
Finding #2 Significant changes in community goals and policies have not taken place. The
land use plan adopted by the Metropolitan Council in 1996 indicated a land rise
pattern consistent With the request of the applicant.
Criteria #3 That significant changes in City-wide or neighborhood development
patterns have occurred; or
Fielding #3 Significant change's in City-wide or neighborhood development patteMs have
occurred in that development adjacent to Highway 169 has occurred with the
opening of the highway, particularly at the locations of the interchanges.
Criteria #4 That the comprehensive plan requires a different provision.
Fielding #4 The proposed rezoning would not be in conflict with the Comprehensive Plan.
Alternatives
1. Recommend to the City Council the approval of the request to rezone the subject
property from Light Industrial (Il) to Planned Residential District (PRD), Highway
Business (BI) and Community Commercial (CC).
2. Recommend to the City Council the denial of the request to rezone the subject property
from Light Industrial (I1) to Planned Residential District (PRD), Highway Business (B 1),
and Community Commercial (CC).
3. Continue the public hearing and request additional information from the applicant or
staff
Stafli' Recommendation
Staff recommends Alternative No. 1, recommending to the City Council the approval of the
request to rezone the subject property from Light Industrial (I1) to Planned Residential District
(PRD), Highway Business (B 1), and Community Commercial (CC).
Action Requested
Offer a motion to recommend to the City Council the approval of the request to rezone the
subject property from Light Industrial (I1) to Planned Residential District (PRD), Highway
Business (B 1), and Community Commercial (CC).
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.:\boaa-pc\2000\dec07\rzshakopeecrossin
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SEC. 11.44. UGHT INDUSTRY ON
Subd. 1. Purpose. The purpose of the right industry zone is to provide an area for industrial, lig
manufacturing, and office uses which are generally not obtrusive and which serve as a transit'
between more intensive industrial sites and residential and business land uses. I
Subd, 2. Perrrifted Uses.fight• • - no structure or _ ,;• shall • - used except
underfor one (1) or more of the following uses:
A. warehousing and wholesaling conducted entirely within an enclosed building, except
those involving a project that fits within one (1) of the Mandatory EIS Categories
- • _ Rules0
C. establishments supplying goods or services primarily to industrial uses;
D. agricultural uses, but limited to the growing of field crops;
E. utility services;
F. utility service structures;
G. offices within the principal structure and directly associated with another permitted
use;
H. public buildings; or
1. single and mixed use developments which comply with Section 11.50, and have
received approval from the City Council. (Ord. 553, November 25, 1999)
Subd. 3. Conditional Uses. Within the light industry zone, no structure or land shall be used for
the following uses except by conditional use permit:
Q. manufacturing, fabrication, processing, and assembly operations conducted entirely
within an enclosed building, except those involving a project that fits within one (1)
of the Mandatory EIS Categories under Minnesota Rules 4410.4400;
B. airports and heliports;
C. vehicle repair,
D. landscaping services and contractors;
E. retail sales of products manufactured, fabricated, assembled, or stored on site;
F. commercial vehicle rental facilities;
G. self -storage facilities;
page revised in 1999
1235
Am
1.
restaurants, class 1 or class 11, contained within a principal structure and oriented
toward serving employees or those working in the immediate area;
J. residences for security personnel;
K. exterior storage;
L. day care facilities;
M. adult day care center as conditional use subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13) or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisure/recreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;
S. provide proof of state, federal and other govemmental licensing agency
approval; and
S. comply with all other state licensing requirements. (Ord. 482, May 15,
1997
N. structures over forty-five (45) feet in height;
®. developments containing more than one (1) principal structure per lot;
page revised in 1999
1236
a
other uses similar to those permitted by the suTbvision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use - • • 528, October
communication service towers as conditional uses, subject to the following
• :., • ion
2. the location of the tower shall comply with the minimum setback
requirements of the zone in which it is to be located. Towers located closer
to a property One than a distance equal to the height of the tower shall be
designed and engineered to collapse within the distance between the tower
and the property line and supporting documentation shall be provided to
prove this by a professional engineer;
3. shall not exceed 175 feet in total height (including the extension of any
antenna);
4, lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
S. shall be protected with corrosive resistant material;
5. signage shall not be allowed on the tower other than danger or warning
type signs;
7. must provide proof from a professional engineer that the equipment is not
able to be co -located on any existing or approved towers and prove that the
planned tower will not interfere with existing communications for public
safety purposes;
8. must be built to accommodate antennas being placed at varying heights on
the tower,
9. existing vegetation on the site shall be preserved to the maximum extent
possible;
10. shall be surrounded by a security fence sic (6) feet in height with a lockable
gate;
shall be located and have an exterior finish that minimizes visibility off-site
to the greatest extent possible;
12. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
13. equipment and buildings shall be screened from view by suitable
landscaping, except where a design of non -vegetative screening better
reflects and compliments the architectural character of the surrounding
neighborhood;
page revised in 1999
1237
14. no tower shall be permitted unless the equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower or
building within one-half (112) mile search radius of the proposed tower for -
of - followingreasons:
a. the necessary equipment would exceed the structural capacity of
the existing or approved tower or building and the existing or
approved tower cannotbe reinforced,modified, or • -• to
accommodate planned or equivalent equipment at a reasonable
cost, as certified by a qualified, licensed professional engineer,
. the necessary equipment would cause interference as to
significantiy impact' the usability of other existing or planned
equipment at the tower, structure or building and the interference
cannot be prevented at a reasonable cost, as certified by a
qualified, licensed structural engineer;
C. existing or approved towers and buildings within the 1/2 mile
search radius cannot or will not accommodate the planned
equipment at a height necessary to function reasonably, as
certified by a qualified licensed professional engineer;
d. the applicant, after a good faith effort, is unable to lease space on
an existing or approved tower or building;
1s, all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an improved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and the restoration of the site.
16. the applicant shalt submit a plan illustrating anticipated sites for future
location for communication towers and/or communication
devices)/apparatus;
17. when towers are to be located in City parks, no towers should be located in
designated conservation areas such as forest areas, marsh lands, wildlife
preserves, nature center parks, picnic areas, near historical structures,
scenic open space areas, and areas of intense recreational play for
children (playfields, swimming pools, playground equipment);
18. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily by
adults;
page rowed in 1999
1238
19. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund. (Ord. 479, March 13,1Q97)
Uses.Subd. 4. Permitted Acce_-=ry - light industry zone the following uses
permitt-. accessory uses:
A. ng and loading spaces;
B. temporary construction buildings;
C. decorative landscape features; and
D. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co -located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(s)/apparatus other than danger or warning type signs;
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
5. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
8, all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9. the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s)/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
page revised in 1999
1239
EM
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily by
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; (Ord. 479, March 13,1997) and
E. other accessory uses customarily appurtenant to a permitted use, as determined by
the Zoning Administrator.
Subd. 5. Design Standards. Within the right industry zone, no land shall be used, and no structure
shall be constructed or used, except in conformance with the following minimum requirements:
A. Density:
minimum lot area: (with City services): 1 acre
(without City services): 20 acres
S. Maximum impervious surface percentage: 75%
C. Lot specifications:
minimum lot width: (with City services): 100 feet
(without City services): 600 feet
minimum front yard setback: 30 feet
minimum side yard setback: 15 feet
minimum rear yard setback: 30 feet
minimum side or rear yard setback from residential zones: 100 feet
D. Maximum height: Forty-five (45) feet without a conditional use permit. (Ord. 31,
October 25, 1979; Ord. 96, November 11, 1982; Ord. 138, November 24, 1983;
Ord. 186, January 30, 1986; Ord. 203, July 10, 1986; Ord. 264, May 26, 1989; Ord.
279, December 1, 1989; Ord. 377, July 7,1994; Ord. 429, November 2, 1995)
SEC. 11.45. Reserved.
Page revised in 1999
1240
►i �
§11.33
home occupations contingent upon approval of a home occupation permit; (Ord.
501, September 18,1997)
J
. - .-
J. solar equipment; or
K. other accessory uses, as determined by the Zoning Administrator.
Subd 5 ®®sig Standards. Within the medium density residential zone, no land shall be used,
and no structure shall be constructed or used, except in conformance with the following
requirements:
A. Density: a minimum of five (5) and a maximum of eleven (11) dwellings per acre.
Streets shall be excluded in calculating acreage.
B. Maximum impervious surface percentage: 60%
C. Lot specifications:
Minimum lot width (single-family detached): 60 feet;
(two-family dwelling): 70 feet;
(multiple -family dwelling): 100 feet
Minimum lot depth: 100 feet
Minimum front yard setback: 35 feet
Minimum side yard setback: 10 feet
Minimum rear yard setback: 30 feet
(Ord. 467, December 19,1996; Ord. 544, April 15, 1999)
D. Maximum height: No structure shall exceed thirty-five (35) feet in height without a
conditional use permit.
A. All dwellings shall have a depth of at least twenty (20) feet for at least 50% of their
width. All dwellings shall have a width of at least twenty (20) feet for at least 50% of
their depth.
B. All dwellings shall have a permanent foundation in conformance with the Minnesota
State Building Code. (Ord. 31, October 25,1979; Ord. 60, May 14,1981; Ord. 159,
February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435,
November 30, 1995)
SEC. 11.33. PLANNED RESIDENTIAL DISTRICT (PRD). (Ord. 563, November 25, 1999)
page revised in 1999
1155
§11.33
auhg, 1, EgM2se. The purpose of the Planned Residential District (PRD) is to provide areas for
the mixed-use development; including single-family detached, medium -density, and high-density
residential, as well as compatible neighborhood commercial and service uses. By allowing mbxed-
use development, the PRD provides a mechanism for providing a range of housing types and easy
accessibility to services either within a single development or area of the City of Shakopee. (Ord.
563, November 25,1999)
E„t,d ' pe fitted Uses. Within the Planned Residential District, the following shall be permitted
uses. (Ord. 563, November 25, 1999)
A. single family detached dwellings;
B. two (2) family dwellings;
C. public recreation;
D. utility services;
B. day care facilities servicing twelve (12) or fewer persons;
F. public buildings;
G. group family day care facilities serving fourteen (14) or fewer children;
H. residential facilities serving six (6) or fewer persons;
I, adult day care centers subject to the following conditions;
1, serve twelve (12) or fewer persons;
2, provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leisureirecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms, and utility and
storage areas;
b, more than 25% of the space occupied by the furniture or
equipment used by participants or staff;
page revised in 1999
1156
C. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space; and
• cornply with all other State- • requirements.
Subd 3 Uses Permitted with a Conditional Use Pe it Within the Planned Residential District,
the following uses of structures or land may be allowed with conditional use permit approval: (Ord.
563, November 25, 1999)
A. medium density residential development as allowed under City Code, Section
11.32, Medium Density Residential Zone, and according to the design standards
contained therein;
B. multiple family residential development as allowed under City Code, Section 11.34
and according to the design standards contained therein;
C. neighborhood commercial development as allowed under City Code, Section 11.35
and according to the design standards contained therein;
D. clinics;
E. nursing homes;
F. churches and other places of worship;
G. public or private schools;
H. relocated structures;
I. structures over two and one-half (2-1/2) stories or thirty-five (35) feet in height;
J. relocated structures;
K. developments containing more than one (1) principal structure per lot;
L. developments containing more than one (1) permitted use and/or use permitted
with site plan approval;
M. day care facilities serving thirteen (13) or more persons;
N. residential facilities servicing from seven (7) through sixteen (16) persons;
O. other uses similar to those permitted in this subdivision, as determined by the Board
of Adjustment and Appeals.
Subd 4 Permitted Accessory Uses. Within the Planned Residential District the following uses
shall be permitted accessory uses; (Ord. 563, November 25,1999)
A. any incidental repair or processing necessary to conduct a permitted principal use;
page revised in 1999
1157
EMM
B. parldng and loading spaces;
C. temporary construction buildings;
D. decorative landscape features;
E. other accessory uses customarily appurtenant to a permitted or conditional use, as
determined by the Zoning Administrator.
Subd. S. Design Standards. Except as otherwise provided above, design standards in the
Planned Residential District shall be as found in City Code, Section 11.28, Urban Residential Zone
(R-1 B). (Ord. 563, November 25, 1999)
Subd.1. Punoose. The purpose of the multiple -family zone is to provide an area which will allow six
(6) to eighteen (18) multiple -family dwelling units per acre, and also provide a transitional zone
between single family residential areas and other land uses.
Subd. 2. Permitted Uses. Within the multiple -family residential zone, no structure or land shall be
used except for one (1) or more of the following uses:
A. multiple -family dwellings containing three (3) or more units;
B. existing single family and two (2) family dwellings;
C. public recreation;
D. utility services;
E. public buildings;
F. day care facilities serving twelve (12) or fewer persons;
G. residential facilities serving six (6) or fewer persons;
H. townhouses; (Ord. 467, December 19, 1996)
I. single family detached residences previously constructed as accessory uses to a
church, where the resulting lot meets the design standards found in Subdivision 5 of
Section 11.28; (Ord. 496, August 21, 1997)
J. single family detached dwellings; (Ord 563, November 25, 1999)
K. structures containing two (2) attached dwelling units; (Ord. 563, November 25,
1999)
L. structures containing two (2) to four (4) attached dwelling units; (Ord. 563,
November 25, 1999)
M. structures containing more than four (4) attached dwelling units; or (Ord. 563,
November 25, 1999)
page revised in 1999
1158
SBC. 11.36. HIGHWAY BUSINESS ZONE (B-1).
Sub. 1. Purpose. The purpose of the highway business zone is to provide an area for business
uses fronting on or with immediate access to arterial and collector streets.
Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. motels and hotels;
B. restaurants, class I;
C. retail establishments;
D. utility services;
E. administrative, executive and professional offices;
F. financial institutions;
G. medical or dental clinics;
H. public buildings;
D. dwellings when combined in the same structure with another, permitted use within
the Highway Business Zone (B-1) along the County Road 69/State Highway
101/First Avenue corridor west of County Road 17/Marschall Road and east of
Webster Street or a line running northwesterly along the eastern boundary of the
Webster Street right-of-way; (Ord. 525, December 31, 1998)
J. single and mixed use developments which comply with Section 11.50, and have
received approval from the City Council. (Ord. 563, November 25, 1999)
Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used
for the following uses except by conditional use permit:
A. taverns;
B. churches;
C. animal hospitals and veterinary clinics;
D. open sales lots or any use having exterior storage of goods for sale;
E. gas stations;
F. restaurants, class ll;
G. private lodges and clubs;
page revised in 1999
1171
a
NA
commercial - -major
bed and b
uses having a drive -up or drive-through .,
VR�icles ice, or
,vies rewi; includino general W; rebuilding or reconditionin
-
replacement of any part or repair of any part incidental body and fender work,
g or upholstering;
vehicle rental facilities; a.
car washes;
hospitals;
theaters;
funeral homes;
utility service structures;
day care facilities;
adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13) or more persons;
2. provide proof of an adequate water and sewer system if not served by
municipal utilities;
3. have outdoor leis uretrecreation areas located and designed to minimize
visual and noise impacts on adjacent areas;
4. the total indoor space available for use by participants must equal at least
forty (40) square feet for each day care participant and each day care staff
member present at the center. When a center is located in a
multifunctional organization, the center may share a common space with
the multifunctional organization if the required space available for use by
participants is maintained while the center is operating. In determining the
square footage of usable indoor space available, a center must not count:
a. hallways, stairways, closets, offices, restrooms and utility and
storage areas;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff; or
page reused in 1999
1172
multifunctional- occupied by persons
usingassociated with the multifunctional organization while participants
are common space;
provide proof of state, federal and other governmental licensing agency
p • and
6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997)
T. relocated structures;
U. structures over thirty-five (35) feet in height;
(Ord. 554, July 15, 1999)
V. developments containing more than one (1) principal structure per lot; or
W. other uses similar to those permitted by the subdivision, upon a determination by
the Board of Adjustment and Appeals, may be allowed upon the issuance of a
Conditional Use Permit. (Ord. 528, October 29, 1998; Ord. 554, July 15, 1999)
Subd. 4. Planned Unit Development Uses. (Ord. 554, July 15, 1999) Within the highway
business zone the following uses shall be planned unit development uses:
A. retail centers;
Subd. S. Permitted Accessory Uses. Within the highway business zone the following uses shall
be permitted accessory uses:
A. any incidental repair or processing necessary to conduct a permitted principal use;
S. parking and loading spaces;
C. temporary construction buildings;
D. decorative landscape features;
E. communication service apparatus/device(s) as permitted accessory uses, subject to
the following conditions:
1. shall be co -located on an existing tower or an existing structure;
2. must not exceed 175 feet in total height (including the extension of any
communication service device(s) apparatus);
3. lights and/or flashing equipment shall not be permitted unless required by
state or federal agencies;
4. signage shall not be allowed on the communication service
device(syapparatus otherthan danger or waming type signs;
page revised in 1999
1173
0
5. must provide proof from a professional engineer that the equipment will not
interfere with existing communications for public safety purposes;
6. shall be located and have an exterior finish that minimizes visibility off-site
to the maximum extent possible;
7. applicable provisions of the City Code, including the provisions of the State
Building Code therein adopted, shall be complied with;
g, all obsolete or unused towers and accompanying accessory facilities shall
be removed within twelve (12) months of the cessation of operations at the
site unless a time extension is approved by the City. After the facilities are
removed, the site shall be restored to its original or an approved state. The
user of the tower and/or accompanying accessory facilities shall be
responsible for the removal of facilities and restoration of the site;
9, the applicant shall submit a plan illustrating all anticipated future location
sites for communication towers and/or communication
devices(s)/apparatus;
10. wireless telecommunication towers and antennas will only be considered
for City parks when the following conditions exist and if those areas are
recommended by the Parks and Recreation Advisory Board and approved
by the City Council:
a. City parks of sufficient size and character that are adjacent to an
existing commercial or industrial use;
b. commercial recreation areas and major playfields used primarily by
adu Its;
11. all revenue generated through the lease of a City park for wireless
telecommunication towers and antennas should be transferred to the Park
Reserve Fund; or (Ord. 479, March 13, 1997)
F. other accessory uses customarily appurtenant to a permitted use, as determined by
the Zoning Administrator_
Subd. 6. Design Standards. Within the highway business zone, no land shall be used, and no
structure shall be constructed or used, except in conformance with the following minimum
requirements:
A. minimum lot size (new lots): one (1) acre (Ord. 485, June 12, 1997)
B. Maximum impervious surface percentage: 75%
C. Lot specifications:
minimum lot width: (new lots): 100 feet
(existing lots): 60 feet
minimum front yard setback: 30 feet
minimum side yard setback: 20 feet
page rmseo in 19"
1174
§11.37
minimum rear yard setback: 30 feet
minimum side or rear yard setback from residential zones: 75 feet
D. Maximum height: Thirty -Five (35) feet without -a conditional use permit. (Ord. 31,
October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord.
159, February 28, 1985; Ord. 246, June 17,1988; Ord. 264, May 26, 1989; Ord.
275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7,
1990; Ord. 320, October 31, 1991; Ord. 377, July 7,1994; Ord. 434, November 30,
1995)
Subd. 1. Purpose. The purposes of the community commercial zone are: (Ord. 563, November
25, 1999)
A. to provide areas that allow the concentration of general commercial development
for the convenience of Shakopee residents and the greater Shakopee trade area;
l3. to provide space for larger community facilities and institutions that may be
appropriately located in commercial areas;
C. to provide adequate space to meet the parking spaces, loading, and traffic
management needs of larger scale commercial development.
Subd. 2, Permitted Uses. Within the community commercial zone, no structure or land shall be
used except for one (1) or more of the following uses: (Ord. 563, November 25, 1999)
A. retail;
B. administrative, executive, and professional offices;
C. medical or dental clinics;
D. restaurants, class 1;
E. showroom facilities;
F. medical or dental clinics;
G. services;
H. public buildings.
Subd. 3. Uses Permitted with a Conditional Use Permit. Within the Neighborhood Commercial
zone, no structure or land shall be used for any of the following uses except after approval of a
conditional use permit; (Ord. 563, November 25, 1999)
A. taverns;
B. churches;
C. animal hospitals and veterinary clinics;
page re�.a in 1999
1175
§11.37
minimum rear yard setback 30 feet
minimum side or rear yard setback from reside zones: 75 feet
D. Maximum height: Thirty -Five (35) feet without- a conditional use permit. (Ord. 31,
October 25, 1979; Ord. 150, October 4, 1984; Ord. 158, January 31, 1985; Ord.
159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord.
275, September 22, 1989; Ord. 279, December ' 1, 1989; Ord. 292, September 7,
1990; Orsi. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30,
1995)
SEC. 11.37. COMMUNITY COMMERCIAL (CC). (Ord. 563, November 25, 1999)
Subd. 1. Purpose. The purposes of the community commercial zone are: (Ord. 563, November
25,1999)
A. to provide areas that allow the concentration of general commercial development
for the convenience of Shakopee residents and the greater Shakopee trade area;
B. to provide space for larger community facilities and institutions that may be
appropriately located in commercial areas;
C. to provide adequate space to meet the parking spaces, loading, and traffic
management needs of larger scale commercial development.
Subd. 2. Permitted Uses. Within the community commercial zone, no structure or land shall be
used except for one (1) or more of the following uses: (Ord. 563, November 25, 1999)
A. retail;
B. administrative, executive, and professional offices;
C. medical or dental clinics;
D. restaurants, class 1;
E. showroom facilities;
F. medical or dental clinics;
G. services;
H. public buildings.
Subd. 3. Uses Permitted with a Conditional Use Permit. Within the Neighborhood Commercial
zone, no structure or land shall be used for any of the following uses except after approval of a
conditional use permit; (Ord. 563, November 25, 1999)
A. taverns;
B. churches;
C. animal hospitals and veterinary clinics;
page reined in 1999
1175
EM
D. restaurants, class II;
E. gas stations;
F. hotels and motels;
G. uses having a drive -up or drive-through window-,
H. funeral homes;
9. day care facilities;
J. vehicle sales, service and repair,
K. relocated structures;
L. developments containing more than one (1) principal structure per lot;
M. structures taller than forty-five (45) feet in height;
N. other uses similar to those permitted in this subdivision, as determined by the Board
of Adjustment and Appeals.
Subd 4 Uses Permitted by PUD. (Ord. 563, November 25, 1999)
A. Retail centers;
E. Multiple family dwellings.
Subd S. Permitted Accessory Uses. Within the highway business zone the following uses shall
be permitted accessory uses: (Ord. 563, November 25, 1999)
A. Any incidental repair or processing necessary to conduct a permitted principal use;
S. parking and loading spaces;
C. temporary construction buildings;
D. decorative landscape features;
E. other accessory uses customarily appurtenant to a permitted or conditional use, as
determined by the Zoning Administrator.
Subd S. Design Standards. (Ord. 563, November 25, 1999)
A. Minimum lot area: 1 acre
E. Maximum impervious surface coverage: 75%
page reined in 1999
1176
C. Lot specifications:
Minimum lot width: . 00 feet
Buliding setbacks:
minimum front yard setback:
50 feet
minimum side yard setback
20 feet
minimum rear yard setback:
50 feet
minimum side or rear yard setback
from residential zone:
100 feet
Maximum height:
35 feet
Dumpsters, trash handling equipment, and recycling equipment shall be stored
within the principal structure, or within a fully enclosed accessory structure
constructed of the same materials as the principal structure.
Exterior lighting fixtures shall be of downcast, cutoff type.
parking or drive aisle setbacks:
minimum side yard setback: 20 feet
minimum rear yard setback: 20 feet
minimum side or rear yard setback from
residential zone: 100 feet
Subd. 7. Construction Materials. In the neighborhood commercial zone only the following
materials may be used for the exterior finish of any principal or accessory building: face brick, stone,
glass, decorative concrete block, architecturally treated concrete, cast in place or precast concrete,
stucco, and materials substantially similar to these as determined by the Board of Adjustment and
Appeals. Steel, aluminum, copper, or other high quality, durable metal, and wood may be used, but
only as an accent, trim or frame, and not as siding for a substantial portion of any building facade.
(Ord. 563, November 25, 1999)
SEC. 11.38. OFFICE BUSINESS ZONE (B-2).
Subd. 1. Purpose. The purpose of the office business zone is to provide an area for offices and
related service uses, in an area •whare general retail is exciuded. The zone is intended for areas
identified in the comprehensive plan for office use or for transitional areas between residential and
more intense uses.
Subd. 2. Permitted Uses. Within the office business zone, no structure or land shall be used
except for one (1) or more of the following uses:
A. administrative, executive and professional offices;
B. financial institutions;
C. utility services;
page revised in 1499
1177
N
POM
W E
SHAKOPEE
C0N5usmYFR0ES2XFl 7 g
Exhibit F
Proposed Zoning
From:
Date:
Subject:
Introduction
CM OF SHAKOPEE
Memorandum
Honorable Mayor, City Council
Mark McNeill, City Administrator
Dan Hughes, Chief of Police
December 13, 2000
Civil Defense Siren Purchase
is P. 1,
The Police Department is seeking approval to purchase a Civil Defense warning siren to
meet the growth needs of the City.
The City's commercial and residential areas have expanded past the range of our existing
siren placements. The new siren will be strategically placed in an area of the City which
will meet existing and future needs. Tentative plans are to place the new siren near Valley
View Road and Pheasant Run St. to fill a void in the existing siren plat. We will continue
to work with the Scott County Emergency Management to site our sirens in the most
effective areas.
Budget llml2act
The number of vendors available to provide bids on civil defense sirens is limited. Bids
were received from two vendors; Front Line Fire & Rescue, Monticello, Mn. and BuCom
Inc., Wauconda, E. Front Line has supplied sirens to the City in the past.
Front Line Plus Fire & Rescue
Whelen WP S 2800-5 siren $14,635.00
MN sales tax $ 951.28
Shipping $ 989.00
Total $16,575.28
r
Whelen WPS 2800-5 siren and
shipping to Shakopee $16,257.00
Tax $ 1,056.70
Total $17,313.70
Front Line offers a 5% discount on the price of a siren if the invoice is paid within 10
days. Front Line anticipates 18 weeks for delivery and a 7-10% price increase for sirens
ordered after January 1, 2001.
The 2001 Police Department budget has $20,000 identified for the purchase and
installation of a new civil defense siren. If the siren is ordered before January 1, 2001 and
the invoice paid within 10 days of invoice date the City may save up to 15% in siren
expenses for 2001.
Action Requested
If Council concurs, they should, by motion, authorize the appropriate City staff to
purchase a Whelen Model WPS 2800-5 civil defense warning siren from Front Line Fire &
Rescue for no more than $16,575.28.
ug es
Chief of Police
MY OF E
Memorandum
To: Honorable Mayo -r_ & City Council Membe:
City Administrator
C C :To: Marilyn Remer
From: Marvin Athmann, Fire Chief d mV
Date: 12/05/00
Re: Fire Department Officers for 2001
I So ti - Z,
At their November monthly meeting the Shakopee Fire Dept. elected the following officers to one year
terms staring on January 1, 2001. Please adjust the payroll staring Jar,, nary 1, 2001 to reflect the changes
POSITION
2000 OFFICER
NEW 2001 OFFICER
Fire Chief
Marvin Athmann
Marvin At hm
Ass't . Chief (lst)
Terry Stang
Bob Riesgraf
Asst. Chief (2nd)
Randy Weckman
Randy Weckman
1st Capes
Edward Schwaesdall
Richard Coleman
2nd Captain
David Judd
David Judd
3rd Captain
Dennis Pauly
Dennis Pauly
4th Captain
Alan Gies
Marty Glynn
Fire Department Engineer
Robert Latzke
Robert Latzke
2nd Engineer
Robert Gieseke
Robert Gieseke
3rd Engineer
Lino Baden
Mark Dyers
4th Engineer
Mark Myers
Erie Bender
5th Engineer
New Position
Jacob Theisen
Action Requested:
Ratify the election of the above officers of the Shakopee Fire Department
for the year 2001.
0
CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Bids For Full Size Squad Car
DATE: December 14, 2000
Introduction
The 2001 Internal Service Fund budget contains an appropriation request
for the purchase of three squad cars.
Background
The 2001 budget includes an appropriation of $96,000 for the purchase of
3 squad cars. Funding is from the Capital Equipment Internal Service
Fund. The vendor cost last year was $22,584.00 (with extended
warranty). The one new car will replace a 1997 model or a car with more
maintenance problems. Two cars are additions. Additional costs include
graphics, communications conversion and other equipment.
The bid for a full size car is as follows:
Alternatives
1. Buy as per above.
2. Buy as per above but modify options.
3. Rebid on our own (probably insufficient time).
4. Don't buy full size squads.
Recommendation
Alternative number 1.
L rt i nn
Move to authorize the purchase of three full size police squads from
Superior Ford in the amount of $64,266.00, in accordance with the State
of Minnesota automobile contract #A-174(5).
VXO /Gr goxland
Finance Director
C:\9regg\memo\01squad
2001
Base bid
$20,606.00
Options:
Deck lid light wiring
45.00
Drivers cloth power seat
360.00
Vinyl rear seat
60.00
Full rubber floor mat
25.00
Left side spot light
161.00
Single key lock system
41.00
Shop manual (one)
372.00
Total
21,670.00
Alternatives
1. Buy as per above.
2. Buy as per above but modify options.
3. Rebid on our own (probably insufficient time).
4. Don't buy full size squads.
Recommendation
Alternative number 1.
L rt i nn
Move to authorize the purchase of three full size police squads from
Superior Ford in the amount of $64,266.00, in accordance with the State
of Minnesota automobile contract #A-174(5).
VXO /Gr goxland
Finance Director
C:\9regg\memo\01squad
1,5-, C, 1,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Initiating the Vacation of an Easement within Valley Park 6th Addition
DATE: December 19, 2000
INTRODUCTION
The attached Resolution No. 5462 sets a public hearing date to consider the vacation of easements
within Valley Park 6"' Addition. For location please see Exhibit A.
DISCUSSION
The City received a petition for the vacation of from American Color Graphics. The attached
resolution sets a public hearing for January 16, 2001. On that date, comments from staff members and
utilities, as well as a recommendation from the Planning Commission, will be presented to the City
Council for consideration.
ACTION REQUESTED
Offer Resolution No. 5462, A Resolution Setting the Public Hearing Date to Consider the Vacation of
Easement within Valley Park 6t" Addition, and move its adoption.
a
ulie Klima
Planner II
\ec\2000\ec 1219\setphvacamerieangaplucs.doc
WHEREAS, it has been made to appear to the Shakopee City Council that a portion of an
easement within Valley Park 6"' Addition, City of Shakopee, County of Scott, State of Minnesota,
serves no public use or interest; and
WHEREAS, a public hearing must be held before an action to vacate can be taken and two
weeks published and posted notice thereof must be given.
WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS
and posted notice will be given by posting such notice on the bulletin board on the main floor of the
Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee
Public Library, and the bulletin board in the Shakopee City Hall.
NOW, THEREFORE9 BE IT RESOLVED BY THE CITY COUNCIL OF THE C
OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 16th day of
January, 2001, at 7:00 P.M. or thereafter, on the matter of vacating a portion of an easement within
Valley Park 6t" Addition, City of Shakopee, County of Scott, State of Minnesota.
Adopted in session of the City Council of the City of Shakopee, Minnesota, held the
day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
Pmtd
SHAK®PEE
C0N24UI,=F=E SMMIW
Vacation of Easem
American
oning
Parcels
12/7/00
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Proposal for Vacant Dwelling or Building Ordinance
ETING DATE: December 19, 2000
Introduction:
Councilor Morke brought to city staff s attention a concern about the abatement of vacant
dwellings or buildings, and asked that staff review an ordinance in place in the City of
Minneapolis. Accompanying this report for the Council's information is a draft ordinance
passed on the Minneapolis ordinance. A copy of the current ordinance and the proposed
ordinance are attached for the Council's information.
Council is asked to discuss the draft ordinance, and provide staff with direction regarding:
• Whether to set a public hearing at which to take testimony regarding the
proposed ordinance (In the event that a public hearing is set, the suggested
date is Tuesday, January
• What, if any, changes should be made to the draft ordinance before the public
hearing.
• What, if any, additional notification to provide other than posting the public
hearing notice in the Shakopee Valley News.
Alternatives:
1. Direct staff to set a public hearing date of Tuesday, January 16, 2000.
2. Direct staff to set an alternate public hearing date.
I Do not set a public hearing date, but direct staff to prepare an ordinance for adoption.
4. Direct that the proposed ordinance not be adopted
5. Table the item for additional information and future consideration.
Action Requested:
Offer a motion(s) consistent with the Council's wish .
R. Michael Leek
Community Development Director
§4.07
A. It is unlawful to occupy a building or allow occupancy of a building prior to the
issuance of a current Certificate of Occupancy.
B. It is unlawful to occupy a building or allow occupancy of a building after the
completion date specified in the Correction List provided with a temporary
Certificate of Occupancy.
C. It is unlawful to fail to complete all items on the Correction List provided with a
temporary Certificate of Occupancy. (Ord. 225, August 28, 1987; Ord. 276,
December 1, 1989; Ord 325, January 9, 1992)
• _ •
Subd. 1. Scope. This Section, and any other applicable provision of the City Code, applies whether
the building or other structure proposed to be moved starts from a point of origin within or without the
City, and has as its destination a point within or without the City, or whether the movement is merely
through the City with both a point of origin and destination without the City. Provided, that this
Section shall not apply if movement is not over a public street or other public property, and provided
further, that this Section shall not apply to moving any building fourteen (14) feet in width, or less.
Subd. 2. Application. In addition to the other required information to be furnished in the application
for a building permit, the applicant shall provide the approximate size and weight of the structure or
building proposed to be moved, together with the places from and to which it is proposed to move
the same, and proposed route to be followed, proposed dates and time of moving, and the name
and address of the proposed mover.
Subd. 3. Permit. The permit shall state date or dates of moving, hours, routing, movement and
parking. Permits shall be issued only for moving buildings by building movers licensed by the State
of Minnesota.
Subd..4. Fees and Charges for Moving Buildings. In addition to all other fees and charges
payable for permits to move buildings, the applicant shall pay to the City in advance and prior to
issuance of a permit, all estimated labor and material costs to be incurred by the City, including, but
not limited to, police,utility changes, and street repairs. Any costs not included in the original
estimate shall be paid by the permit holder after the work has been completed.
Subd. 5. Unlawful Act.
A. It is unlawful for any permittee under this Section to fail to strictly comply with the
terms of the permit.
B. It is unlawful for any person to move a building without a permit required by the
terms of this Section. (Ord. 67, June 18, 1981)
page revised in 1999
310
§4.10
Subd. 1. Definition and Abatement. All buildings or structures which are structurally unsafe or not
provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to
human life, or which in relation to existing use constitute a hazard to safety or health, or public
welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, or
abandonment, as specified in the SBC, another provision of the City Code, or any other law, are, for
the purpose of this Section, unsafe buildings. All such unsafe buildings are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition, or removal, in accordance
with the procedure specified herein.
Subd. 2. Notice to Owner. The Building Official shall examine or cause to be examined every
building or structure or portion thereof reported as dangerous or damaged and, if such is found to be
an unsafe building, the Building Official shall give to the owner of such building or structure written
notice stating the defects therein. This notice may require the owner or person in charge of the
building or premises, within forty-eight (48) hours, to commence either the required repairs or
improvements or demolition and removal of the building or structure or portions thereof, and all such
work shall be completed within ninety (90) days from the date of notice, unless otherwise stipulated
by the Building Official. If necessary, such notice also shall require the building, structure, or portion
thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are
completed, inspected, and approved by the Building Official. Proper service of such notice shall be
by personal service upon the owner of record, if the owner shall be found within the City. If the
owner is not found therein such service may be made upon said owner by registered mail or certified
mail, provided, that if such notice is by registered mail or certified mail, the designated period within
which said owner or person in charge is required to comply with the order of the Building Official shall
begin as of the date of delivery shown upon the return receipt.
Subd. 3. Posting of Signs. The Building Official shall cause to be posted at each entrance to such
building a notice to read: "DO NOT ENTER, UNSAFE TO OCCUPY. Building Official, City of
Shakopee". Such notice shall remain posted until the required repairs, demolition, or removal are
completed. Such notice shall not be removed without written permission of the Building Official and
no person shall enter the building except for the purpose of making the required repairs or of
demolishing the building.
Subd. 4. Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the
notice to repair, rehabilitate, or to demolish and remove said building or structure or portion thereof,
the Council may order the owner of the building prosecuted as a violator of the provisions of this
Section and may order the Building Official to proceed with the work specified in such notice. A
statement of the cost of such work shall be transmitted to the Council, who shall cause the same to
be paid and levied as a special assessment against the property.
Subd. 5. Costs. Costs incurred under Subdivision 4 shall be paid out of the Treasury. Such costs
shall be charged to the owner of the premises involved as a special assessment on the land on
which the building or structure is located, and shall be collected in the manner provided for special
assessments.
Subd. 6. Unlawful Act. It is unlawful for the owner of any property to suffer or permit an unsafe
building as defined herein to remain thereon. (Ord. 1, April 1, 1978; Ord. 337, July 23, 1992)
page revised in 1999
311
AN ORDINANCE OF THEOF SHAKOPEE,MINNESOTA,
AMENDING CITY CODE 14.09,
BUILDINGSUNSAFE
WHEREAS, the City Council has determined that it is desirable to amend the City
Code as it relates to unsafe or vacant dwellings and buildings within the City of Shakopee;
and
WHEREAS, notices were duly posted, and a public hearing was held before the
City Council on January 16, 2001, at which time all persons present were given an
opportunity to be heard; and
NOW THEREFORE, The City Council of the City of Shakopee, Minnesota
hereby ordains as follows:
Section 1 - That City Code Sec. Chap 4 is hereby amended by replacing Sec. 4.09,
Unsafe Buildings, in its entirety with the following provisions;
61 ILI
1 1 1 1 1 1
CONDITION.
Sud 1 Policy. It is the poligy of the City of Shakopee to promote the
rehabilitation of vacant and unoccupied buildings and to assure a prompt process
for the demolition of hazardous buildings through a procedure fixing appropriate
responsibility in accordance with due process requirements. This policy is
undertaken pursuant to Minnesota Statutes Section 463.26 which gives cities
authority to enact and enforce ordinances related to hazardous buildings.
Subd 2 Findings The City Council of the City of Shakopee finds and declares
that buildings that remain vacant for any appreciable period of time become 1 an
attractive nuisance to children 2)a harborage for rodents 3) an invitation to
derelicts vagrants and criminals as a temporary abode 4) an increased fire hazard,
5) that the unkept grounds surrounding such property invites the dumping of
garbate thereon 6) that such buildings are allowed to become dilapidated since
such buildings are often economically obsolete 7) that owners of such buildings
are unwilling to expend the necessary funds to raze or repair buildings 8) that such
buildings contribute to the growth of blight within the City depress market values
of surrounding properties to the detriment of the various taxing districts and
require additional governmental services. For the reasons stated above the
adequate protection of public health safety and welfare therefore requires the
establishment and enforcement of the means by which such nuisance conditions
may be abated.
Subd 3 Securing Vacant Buildings.
a. The Building Official may order a vacant building secured and shall
cause notice of order to be served upon the owner of the premises
in the following; circumstances.
i. If any building becomes vacant or unoccupied, and
ii. Is deemed hazardous due to the fact that the
building has not been secured and is open to
trespass; and
iii. The building could be made safe by securing the
building.
Such notice may be served personally or by mail. Service by mail is
complete upon mailing of a copy of the order to the owner at the
last know address If the owner fails to comply with the order
within ten (10) days after the order is served the Building Official
shall cause the building to be boarded up or otherwise properly
secured.
b Emergency The Building Official Police Chief or Fire Chief
may waive all requirements herein and cause a vacant building to be
immediately boarded or otherwise secured when any one of them shall
determine that an emergengy exists with respect to the health or safety of
persons in the community that requires the immediate boarding or securing
of a vacant building An emergency may declared provided that:
The conditions showing the existence of an
emergengy are documented in writing by the
Building Official Police Chief Fire Chief or their
designees.
Notice be mailed immediately b the he department
invoking this section to the address of the owner and
taxpayer, and if recorded on the assessors rolls, the
address of the mortgage holder of the date of
boarding or otherwise securing and the reasons
therefore.
b. After a vacant building has been boarded or otherwise secured
under this section should the owner fail to maintain the building in
a secured condition until such time has the building has been
repaired and reoccupied the Building Official Police Chief or Fire
Chief shall resecure any openings into the building whenever it
again becomes open to trespass without further notice to the
owner.
All costs including an administrative fee incurred by the city for
boarding or otherwise securing a building; under this section, shall
be assessed.
"Owner," for purposes of this section shall mean the person who is
listed as the owner by the records of the Scott County assessor.
Subd. 4. "Nuisance Condition" defined; waiver of waiting period.
a A building within the city shall be deemed a nuisance condition if
i) It is vacant and unoccupied for the purpose for which it was
erected and for which purpose a certificate of occupancy
may have been issued and the building has remained
substantially in such condition for a period of at least six (6)
months, or
ii) Evidence clearly demonstrates that the values of
neighborhood properties have diminished as a result of
deterioration of the subject building.
iii) Evidence clearly demonstrates that the cost of rehabilitation
is not justified when compared to the post -rehabilitation
resale value of the building.
C. When it is determined by the Building Official Police Chief or Fire
Chief or their designees that a building constitutes an immediate
hazard to the public health safety, and welfare and after City
Council approval the sixty(60) day waiting period set out in this
section may be waived and the other procedures as set out in this
section may be implemented immediately.
d. Notwithstanding the foregoing provisions. accessory buildings such
as garages barns and other similar structures not intended to be
used for human habitation shall be deemed to constitute a nuisance
condition when such building is structurally unsound in the opinion
of the Building Official.
Subd 5 Abatement of nuisance condition. Upon completion of the
procedures set forth in this section and approval by the City Council, buildings
determined to be a nuisance condition may be rehabilitated or razed.
a. Before any action is taken to abate a nuisance condition, except as
provided in subdivision 3 relating to securing vacant buildings, the
Building Official shall examine the building to ascertain whether the
nuisance condition should be ordered for rehabilitation or
demolition Before making its order, the Building Official shall
consider the following:
The need for neighborhood housing;
ii. The historic value of the building
iii. The impact on the neighborhood and the ability of the
neighborhood to attract future residents,
iv. The capacity of the neighborhood to use the property;
V. The comprehensive plan and zoning classifications for the
property use;
vi. The market potential of the property;
vii. The estimated cost of rehabilitation,
viii. The severity and history of neglect,
ix. The availability to the owner of funds for rehabilitation;
X. The structural condition of the building
b If the owner contests the order of the Building Official to demolish
a structure deemed to be a nuisance conditions the owner shall provide to
the department a statement itemizing; the cost to rehabilitate the building in
order to demonstrate the feasibility of rehabilitation.
C. Before the execution of any order to demolish or rehabilitate a
building under this section the Building Official shall give notice of hearing
at the last known address to the owner and other persons shown to have an
interest in the building deemed to create a nuisance condition_ Proper
notice shall be sufficiently given when mailed by a certified mail return
recent requested, postage prepaid addressed to the owner to whol the
building is registered with the Building Official or, if not registered, to the
owner or other persons shown to have an interest in the property as
ascertained by the files and records of the register of deeds or registrar of
titles in and for Hennepin Count Such notice shall also be given to such
persons that the Building Official has actual knowledge of having an
interest in the said property In addition such notice of hearing before the
City Council shall contain the Building Official's determination,
recommendation and the date time and place of the hearing. In addition,
notice of the hearing shall be sent to all propeM owners within three
hundred fifth (350) feet of the subject property.
d At the hearing the Building Offical shall present an oral summary
of the background and reasons for its recommendations. A report,
including any pertinent documents and photos shall be filed as part of the
record.
Subd. 6. Alternatives to Demolition.
a The City Council may consider as alternatives to demolition;
i. Ordering the owner of M such nuisance condition to
rehabilitate the building and specifying the time within
which such rehabilitation shall occur.
If rehabilitation is the alternative required by the City
Council the owner shall present a plan for rehabilitation to
the Building Official which shall contain a commitment of
funds to accomplish the plan.
If the plan required herein is not received by the Building
Official within the time ordered by the City Council, the city
shall proceed to demolish the building.
ii. After the hearing, the Citv Council shall order demolition or
rehabilitation of the building, the Building Official shall
prepare findings and an order based upon the evidence and
record of the hearing. After Council approval of the order,
a copy of the order shall be mailed to the last known
address of the owner.
iii. If the owner of the subject property fails to abide by the
decision and order of the City Council, the Buildin Official
shall immediately notif the Council, which may order
immediate demolition or otherwise amend its order.
Subd 7 Collection of Costs The Building Official shall notify the owner
of the costs incurred in razing or rehabilitating; the building and the owner shall be
responsible for the payment of the same together with an administrative fee of
fifteen (15) percent of the cost within thirty (30) gys of such notification. Upon
default payment after the said thirty_(30 ) days the cost of razing or rehabilitating
the building and the administrative fee shall be levied and collected as a special
assessment against the property, with interest at the rate of eight (8) percent per
annum on the unpaid balance thereof.
Section 2 - Effective Date. This ordinance becomes effective from and after its
passage and publication.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this day of
Attest:
Judith S. Cox, City Clerk
2000.
Mayor of the City of Shakopee
Published in the Shakopee Valley News on the day of , 2000.
CONSENT
CITY OF SHAKOPEE, r
Memorandum
T: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: 2001 Electrical Inspection Agreement
MEETING DATE: December 19, 2000
For several years, including 1999, the City has contracted with Terry Krominga for
electrical inspections. The current contract expires December 31, 2000. While staff has
discussed with Council the possibility of creating an in-house electrical inspector
position, and will continue to pursue that direction, the City will continue to need outside
electrical inspection services. Attached for the Council's consideration is a copy of the
previously approved contract with Mr. Krominga for 2000. There are no proposed
language changes from last year in the contract.
Renew the contract with Mr. Krominga as presented.
2. Renew the contract with Mr. Krominga with revisions.
3- Do not renew the contract and seek another source for electrical inspections.
FIRWIMIM007,11WON
Staff recommends approval of the 2001 contract for electrical inspections with Mr.
Krominga.
I 1 1
Offer and pass a motion authorizing the appropriate City officials to execute the electrical
contract with Terry Krominga for the year 2001.
R. Michael Leek
Community Development Director
ELECINSP/W9U
CONSri.�..,CON'T'RACT ,
TEIS CONTby a
TI made and entered into this day of
by �d between the City of Shakopee, a municipal.
ar
Januy, '
hereinafter referred to as
corporation of the State of Minnesota,
the "City" with offices at 129 S. Holmes St.,
Shakopee, Minnesota
and Terry Rr°m�ncza, Box 91, LeSueur, Minnesota 56458,
55379, - to as the "Consultant."
hereinafter re_e-
WITIVESSE'�"= '
w.P ;, the City of Shalkapee desires to engage the
Consultant to render electrical inspector services as more
,articularly described in E:chibit A; and
�iV-i' c'��, the Cansultan-" made certain representations and
statements to the C_ty
With reSpeCt to the provision Of Such
se'r-'rices and the City has accepted Said proposal .
r the considerations ^-ere-n e:=es ed, i t
Now,===OP", =o_ nd t_ -e Cor_su? Cant as follows:
nd between the City and
agreed by a _
_The City aC"-es to encace the Ser';_ C- the
e,=. na Consul =nt +a�ree5 to pe_' -0r the ser' ices
Consultant an= tOrt-� as CeSCr_^ed ?-- G.Cn _ :_� A.
h- L r CSC -
ere' nc_1.....-
AcQitiQn t0 Serv' ces . The CiZ.{ may aGc to the Cons _' Iz=nt
2. r 'ry^m aCtiVi�ieS 01 a s4 mi lar nature to
services or delete the e. �P 1 cost of such
et forth in Exhibit A, p-'ov ded I- — the total
those S e '1 COS_ allowance as s'oeci-lea. In
work aces not e^cce=c the teta_
The Con_sultant shall undertake such cha hanged
Exn=_lJit A herec- �- rect10n Of the City, All such
actiV_tonly ies . onupQi: t C..
-11 be in writ`en form and prepare^ and
yo_ e5 ant changes-
0=-__1Ca�l and Sita_ 11 aCCe'JteC a nG
be
aDi7ro'v eC by toe $L' i G_
COtLnLersi��ed by the consul _t.
ange o= Data_ Ail information, data, and reports as
3. Exch-- T- a Carr�Ing Out OL the
are exi stirla, ava=? able and necessary fo_ the
furnished t0 the ConsLltant w thcut charge, and the
wort, shall be turn way possible in
a. pies
shall coccerate with each other in e=rery
p_r .,= -roe of services.
Carr-. ing OL' .-_ SC _
4. Ter -M. This Contract shall be for a peri Cd Or one year. -
Tile City agrees to pay the Consultant in accordance
5. Pay. which shall constitute
��s set forth. in E.`�h_' bt A,
with the ter-ms
coal-Pen satior_ ter all services to be rendered under this
contract.
6 _ Teti naticn .
If through any cause, the Consultant shall
-� 11 in timely and proper man -her consultant's
fail to full-
cations under t'i s contract, including the requirement to have
ob--_' o pace, or i= the Consultant shall violate
a bond and insuranc_ in P-
he rov:si.o� of this contract, the City shall thereupon.
any of t P nate this contract by giving
written native
ve
have the ri-cht to terctuand -
to the Consultant of such termination before the effective hfdayect=of
ate thereof, a, . least five (5) day
Either party may, with or without cause,
such ter�.nation. s prior written notice.
terminate this contract upon 30 day
above, 'the Consultant shall not be relieved of
_ Notwithstanding the ab for damages sustained by the City by virtue
liability to the City the contract by the Consultant-
=-cb. o:
of any such bre= _
7 . A�sigr�lent -
The Consultant shall not asslgr_ any interest
�. shall not transfer ar_y interest in the same,
in this contract, and
without prior written
consent of the City thereto - None of: the
�ibili.ti es of this agreement may be transferred
authority or- respon.._
to another pa-`y.
-1 i ty. Any reports, data, or s- iii? lar
8 . con idem -__ l �: he Car_sultan t
f r'Ilcrt? On CiVe='- t0 Or preparea Or asse*IIb_- by t_- be kept as
info_: L +- which the City rem -esz- t C -
o this Cor_ raC` L r i rdi V-aL'al or
under r_1 1 not be made available. �o a_.y _
'? dent? al s=-� Without pror WritCer_ apCrOVal O.
Con: by the ConSu_tanL
organz-=t-GP- .
the Ci tY -t p _ =ver ` ? =I has no
_ _ Sul taut COG e__ ntS t'
--- ;
� • -stere-` . COI'_ :!te== � C_reCC O" ? na--=C
1 r l riot ac c, 7"_'-"e any Z
�raSL and s_-; i Ct I r r decree W=� h the c_�_" TIGnCe
-nt _- i i n a 1 Mane o_ a_c- e L T` gy p `" c 1 '_
,l CSL-- Ccr L'_ a__'_
pJi i Ch WCL_a �r_orti:o;Y un Ce: tL'_-S ccn_=;C_ -
e_ o be p - e - th_S Ccr_`raCt nc
o= s -Jives t-- _ that i r. t'_^_e per=o-r-:a- o�
fur her COVe'I'-an�'� tere=t shall be ernulOY-ea.
person having suc'- - t- e
-city^nt aC_eeS jrthe per J_ 7,ance
IQ Discr-
m=ration. The CO�__L_ta_- because Cf
not t0 a- Scr? in? nate on the ground C?
this
contract i n sex, magi t.-__! Status,
OS color, Crated re i L+� On, IIatlCnal C. _C_._, �' ' ( i Z sty Se:{ual
race, c or, r^ -public assistance, _a.
reg- t0 r
status with e i1p � cyee o. Con=ulcan t o_
r aGe , aga-_i1S t any pro- -on ? n
OriertatlOP_, o- 'I include i LIGe c S- �tJ_�
r
ecploti-aerlt , ana s__al-
app! -Can _ for
Cr awarded :n here'.er
L L
all subcGntrac:-� t-
n t Contractor The CCr_SL'ltant 1S an Znde'JendelZt
ZlJdepe__der i -�
- Z'Othir'q CCISta_n--- herein shall CCnStltute O?'
oa
conte actor and ,l t Or any O- Cons:�IltS._^_:`-'s ac-en s Or enp cvees
deSi Cr-ate
the CO SSL c an O the C? tV CL Shc�{GL'e_, Mfr- esc_= .
C---
as Cents Cr e%p-OV......5
a L, ;..lea to
12 City $ene=i-'-s . The Cor.Sultant shall_ r_OL be ee`Cit no--
_=j L established for the e,,YQ es _oma e Y
be„e__�s the Ci ty.
ary of the r'{er' s Connensa-ion Prccran o.
be covered by t- y'o -
e to
L r Indenlni ty. The parties rzutually afire
13 . Li abs ji_ty and
the following:
2
t shall the City be liable to the Consultant for
a a® even
Ta ®r Cc— damages, except those caused by
special, In rocs, li ecce or willful or wanton misconduct _
the City's gross negligence
tact shall derend, indemnify, and hold the City
b. The Consul. t all claims, losses, and liabilities
harmless from and ams
arising out of personal in]uries, including death, out
Property,
in.
property' which are caused by the Consultant arising
any way connected Frith this contract _ Consultant further agrees to
and hold the City harmless from and against any
defend, indemaifY®
claims, losses and liabilities arising out of the award of this
contract to the Consultant
All notices required or pe_nsitted hereinunder
14. Notices- writing may be given by first class mail
and required to be is
and Consultant at the address shaven above.
addressed to City
date of delivery o= any
notice shall be the date falling _ on the
second full day after the day of its mailing.
Jurisdiction. This contract and every q-�estior_ arising
hereunder shall 15 . l 1 be construed or determined according to the laws of
the State of M-nnesota
d the day and year first above written.
Exec L'te
CONS u uTA`T-
By
Prepared of • Shakopee
The City
129 S. Holmes St.
Shakopee, N. 553 9
CTS OF SR3�.:K0PE_, M ti-jNT-=SCT
By
Mayor
By
City Administrator
By
City Clerk
3
=131T A
' The Electrical Inspector shall enforce the
sota
Description
ina Desc Electrical Act, the Rules and Regulations of the State
icity -thereunder, and the ordinances of the City Of
Board of glectr
Shakopee pertaining to the licensing of electricians and electrical
All requested inspections shall be made within the
installations .
City limits. _
Compensation: The rate of compensation shall be 80 percent of
the electrical inspect=or fees collected by the City Of Shakopee.
it this arciount upor_ proper accou�-iting for
shall rem- fees,
The City basis.
on a bi-weo_kly
Securi ty The Electrical Inspector shall provide the yable
T y elEc:rlCai insreCtOr� 5 bona in the amount O%i 000 i, ��
w_�.h an fa ,i be in
to the City of Shakopee, in case of de_-L_t. The bor_d s_�G__
es"fect until at
least December 31, 1387•
e � tY
with a
The Ins_ ector shall supnly t' C-
InStlrat?Ce : T i l i t 1nsLLrariCe Cn an acceptable
verification o- automcbe 1_ao--- y c not less t ^an
f0 a (e.g• Form !927) showiz-,
insurance In aLliClr_t5 C_ acc-T dent Lor
for GLV OP_e person, $100, 000 for a_ny Cl:e
$50,000 0 000 for property damage.
and $=
personal i^-}u-y, .
Rules for Work: The Electrical Inscector s.all comply Rules
the _ollowi ng es:
1. Report to the gui ldinc Official's c fi ce when called
upor_ .
2 Supply_ a mcr_thly report C_ i ncpeCtlCP_S CCmpleted
_th Ci tV any inspection fees received i n the
= w
3. Depcsi= t:.e
field-
rneyman Or Master el eCtr4 oja='-' S 1i Cense in
�_ gave a Jou_ _
force at all times-
7 ; t The City is placing trust and authority upon
Respor_s_b -- Y=
Electrical Inspector and
as an ir_dependent contactor quali=i ed the
the El ect_-
certified as such to make electrical insaecticns or_ behalf o= the
City cf Shakopee.
`xEz,Ecl
/67
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Update on the Feasibility Report for the Reconstruction of
C.R. 83 and the Realignment of C.R. 16 in Conjunction with
The Valley Green Corporate Center
DATE: December 19, 2000
. fI
City Council authorized the preparation of a feasibility report by adopting Resolution No.
5415 on September 19, 2000 for the reconstruction of C.R. 83 and the realignment of
C.R. 16, in conjunction with the proposed Valley Green Corporate Center development.
The purpose of this agenda item is to update the Council as to the status of the feasibility
report and the main issues associated with this report.
With the proposed Valley Green Corporate Center site, transportation improvements are
needed along C.R. 83 and C.R. 16 to develop this proposal as envisioned by Valley
Green and the City's Comprehensive Plan. These improvements have been identified in
the City's Transportation Plan and have been reviewed for a couple of years by Scott
County along with Mn/DOT and the recently AUAR for Valley Green Corporate Center.
The main goal of the feasibility report was to further address many of the issues in
making the improvements to C.R. 83 and C.R. 16 and these issues are as follows:
1. Specific transportation related issues in the AUAR especially by Mn/DOT.
2. Ultimate realignment of C.R. 16 and 17th Avenue.
3. Jurisdictional issues related to C.R. 16 and 17th Avenue between the City and the
County.
4. Cost determination and cost participation agreements.
5. Timing of infrastructure improvements to C.R. 83, C.R. 16 and 17th Avenue.
6. Right-of-way acquisition.
The feasibility study preparation has begun since September 19, 2000. Staff has had one
informational meeting with the property owners in this area on November 28, 2000 and
has received comments from the property owners with several concerns and questions.
From this meeting, staff has issued a December 13, 2000 letter with a December 7th
synopsis of the informational meeting with further responses to the questions or main
issues raised at the informational meeting. This letter and synopsis is attached to this
memo for Council's information.
With this update staff feels that it is important to review the time line that has been
associated with this project. The time line associated with the transportation
improvements are as follows:
• October 15, 1996 — Council authorized the preparation of a Local Transportation
Plan by WSB & Associates and included a specific study area for the West Dean
Lake area.
• December 12, 1997 — Scott County issued initial comments on the Draft
Transportation Plan noting concern on the level of traffic on C.R. 83, with the
potential development of Valley Green Corporate Center and the access spacing
in this area.
• March 24, 1998 — Council worksession on the Draft Transportation Plan.
Included in this meeting was the discussion on the realignment of C.R. 16 to the
future construction of 17th Avenue.
• December 30, 1998 — County review of Valley Green Corporate Center proposal.
With this review the County agreed with the realignment if 17th Avenue if it
became a County road.
• January 8, 1999 — Scott County's comments on Shakopee's Transportation Plan.
The County agrees with the realignment of C.R. 16 if 17th Avenue becomes a
County road.
• January 11, 1999 — Council worksession on C.R. 83 and C.R. 16 realignment.
The consensus at this meeting was to continue negotiating with Scott County.
• September 1999 — Valley Green Corporate Center grading permit was issued.
• August 15, 2000 - AUAR was accepted on Valley Green Corporate Center site
• September 19, 2000 — Feasibility Report ordered on the reconstruction of C.R. 83
and C.R. 16 realignment.
In the preparation of the feasibility report, staff has been concentrating on the main issues
raised by Scott County in their letter submitted to the City on September 8, 2000. The
following are an update of the issues that the feasibility report is addressing:
Specific Transportation Issues Raised in the AUAR, especially byMn/DOT. With
this report the traffic volume has been reanalyzed in order to meet the level of service D
at the realigned C.R. 16 intersection with the Valley Green Corporate Center entrance.
From this analysis, a traffic volume in the future can be projected from the traffic
volumes presented in AUAR and a 20% reduction in traffic from Valley Green Corporate
Center site will be necessary in order to achieve the level of service D. Also, this traffic
information and the proposed alignment has been sent to Mn/DOT for their review and it
is anticipated that this review will be done in January, 2001.
ISSUE NO.2
Ultimate Realignment of C.R. 16 with 17th Avenue. Attached to this memo is a figure
showing the realignment options with C.R. 16 and 17th Avenue. One option is to do
nothing. The second option is to realign C.R. 16 with a future 17th Avenue roadway
connection north of the Shakopee Mine. The third option is to realign C.R. 16 with a 17th
Avenue alignment, which would be south of the Shakopee mine. Staff is also looking at
other options which would include 17th Avenue being aligned through the mine to a
realigned C.R. 16, and also to realign C.R. 16 through the Valley Green Corporate
Center. In the preparation of this report an alignment analysis was done again as was
done in the Draft Transportation Plan to further consider the alignment alternatives and
the pros and cons of each.
• Option No 1 — Leave C.R. 16 as is. This option would allow only one
access into Valley Green Corporate Center. Thus, this property would not
develop nearly as much as envisioned. Some intersection improvements
would be necessary in order to improve the safety of this intersection such
as turn lanes and concrete medians.
• Option No 2 — Realignment of C.R. 16 with 17th Avenue, North of the
Mine. This has been the recommended alternative in the transportation
study, due to the fact that it would connect 17th Avenue with C.R. 16 and
promote the east -west arterial route south of T.H. 169 where more traffic
volume is indicated than the existing C.R. 16 route west of C.R. 83. This
alternative would provide two accesses to Valley Green Corporate Center
which is necessary for full development of this business office park.
• Option 3 Realigning 17th Avenue, South of the Mine and Realigning
C.R. 16 from approximately McKenna Road to C.R. 83. This would
require a much larger realignment of C.R. 16 and much of it would be
through the Shakopee Mdewakanton Sioux Community (SMSC) property.
Staff has met with representatives of the SMSC and they were very much
opposed of any realignment of 17th Avenue through their property. With
this option, a local street connection would still be needed north of the
mine to C.R. 83.
• Option 4 —17th Avenue would be Realigned through the Existing Mine
Area to Realign C.R. 16. This option would be very difficult due to the
mining operation and the change in topography that this land use has on
the property. Also, this again would have C.R. 16 go through the SMSC's
property east of C.R. 83. The timing of constructing 17th Avenue would
be much later depending on when the mine resources has been exhausted
and the reclamation plan could be implemented.
• Option 5 — Realigning C.R. 16 to Valley Green Corporate Center site.
This alternative would improve the intersection safety of C.R. 16 and C.R.
83. However, this would create a jog in the 17th Avenue alignment to C.R.
83. By creating this jog, the main movement in the future being the east -
west movement south of T.H. 169 would be disrupted by the jog created.
The County has indicated they were not in favor of this option.
ISSUE NO.3
Jurisdiction Issues Relating to C.R. 16 and 17th Avenue, between the City and Scott
County. Scott County is requesting that 17th Avenue, in the future once constructed,
would be turned over to Scott County as a County road. Staff has asked Mn/DOT to give
a preliminary indication of the speed limit that can best be determined at this time for 17th
Avenue. One of the main issues associated with the turnback of 17th Avenue to the
County has been the loss of local control, particularly with speed limits once it becomes a
County road. Staff is hopeful that by the final completion of the feasibility report,
Mn/DOT will give an preliminary indication of the future speed limit or a range of speed
limits for this roadway.
Cost Determination and Cost Participation Agreement. Staff has met with Scott
County twice to determine the participation level and has given the County a cost
breakdown of the various segments of roadway associated with the reconstruction of C.R.
83 and realignment of C.R. 16. Scott County is reviewing this cost participation and has
indicated that there will be some cost participation. Staff is also determining the City's
cost share, which will be related to the storm sewer, traffic control signal and bituminous
trail and then determine the amount to be assessed to benefiting properties. Included in
this feasibility report is an analysis to include trunk sanitary sewer and trunk storm sewer
lines along C.R. 83 to serve properties tributary to these lines for the future.
ISSUE NO.5
Timing of Infrastructure Improvements to C.R. 83, C.R. 16 and 17th Avenue. The
County has concerns with the reconstruction of C.R. 83 with the potential of C.R. 83 also
being constructed at the C.R. 42 intersection. The County would like a commitment from
the City for completion of 17th Avenue. Staff has informed the County that 17th Avenue
completion is somewhat developer dependent, but is proposed to be completed within
five years in the City's Capital Improvement Plan. If this project moved forward, an
Cooperative Agreement would need to be entered into between the County and the City
for cost participation and jurisdictional changes. Also, before any road project is ordered,
the City would need right-of-way, petition and waiver of assessment and letter of credit
security on assessments from Valley Green Corporate Center.
ISSUE NO. 6
Right-of-W4y Acquisition. With the proposed improvements along C.R. 83 and C.R. 16,
right-of-way acquisition will be needed from property owners other than Valley Green
Corporate Center. A right-of-way acquisition drawing will be shown at the City Council
meeting.
Another issue that was mentioned at the informational meeting was on future C.R. 16
improvements, east of C.R. 83 to C.R. 18. Many of the attendees at the meeting were
concerned on future County improvements and when they would occur along C.R. 16.
One of the items analyzed with this feasibility report was to consider an alignment of
C.R. 16 while providing a frontage road for the residents along C.R. 16 around the Dean
Lake area. This analysis has shown that a realignment of C.R. 16 could occur to allow a
future roadway system south of the existing road, thus, allowing a frontage road for the
residents in this area. A drawing showing this concept will be presented at the City
Council meeting. Many of the residents would like this improvement to be included or at
a minimum have commitment from the County on this project.
It is staff's intent to provide the Council with an update of the main issues associated with
this project As more information becomes available, staff will provide another mailing to
the residents prior to the completion of the feasibility report. One reason that staff is
providing this update is due to the fact that it was stated that a completed feasibility
report could be done by the December 19th Council meeting. After reviewing many of
the issues and after the November 28th informational meeting this was not possible. This
update is intended to inform everyone who has an interest with this feasibility report, as
to where the issues are and what is being done to resolve them. It is anticipated by staff
that many of these issues will have information completed for the feasibility report to be
done by January 16, 2001. If the information is not received and the report is not
completed by January 16, 2000, then the report would need to be postponed to the next
appropriate meeting.
1. Provide direction on issues presented with the preparation of the feasibility report.
2. Do not provide any direction at this time.
3. Table for additional information.
Staff does not have a particular recommendation with this proposal. However, if Council
wishes to provide direction on any of these issues contained in this memo, then direction
should be provided.
No action is requested, accept if City Council wishes to provide further direction with
this feasibility report.
ZA2
Bruce Loney
Public Works Director
BL/pmp
STUDY
'4 a��s$�)°�'� ,,t ���d
04,''°x` � `" �w fiDecember 13, 2000SHAKOPEE
RE: C.R. 83/C.R.16 Feasibility Report and
Informational Meeting Comments
Dear Property Owner:
Please find attached a public informational meeting synopsis on the C.R. 83/C.R. 16
realignment feasibility report meeting held on November 28, 2000. This synopsis
addresses the major comments that were made at the meeting and from the comment
cards that have been received by the City in regard to this proposed feasibility report.
Hopefully many of the questions that you may have had and perhaps not fully answered
have been more fully addressed with this synopsis. If you have any further questions in
regard to this feasibility report, please feel free to call either Bruce Loney, Shakopee City
Hall, (952)445-3650 or Chuck Rickart, WSB & Associates, (763)541-4800.
Further updates as to the progress of the feasibility report will be given at the December
19, 2000 City Council meeting. Since the November 28, 2000 informational meeting,
staff has been able to meet with Scott County on the following issues:
® Cost Participation
® Alternatives of Alignment
® Future CSAH 16 Improvements, East of C.R. 83
® Jurisdiction -al Changes
From this meeting, significant progress was made on many of the issues that the County
wanted to see resolved with the feasibility report. The County will be commenting on
cost participation, alternatives of realignment and future CSAH 16 improvements east of
the proposed project area. Staff has also sent out a letter to Mn/DOT asking for their
review comments on the proposed improvements on C.R. 83 and has asked for comments
to be received in January, 2001. Also, part of this feasibility report is to review the need
to install trunk sanitary sewer and trunk storm sewer lines in conjunction with this
project, if this project proceeds, to serve adjacent areas that are contributory to these
drainage districts. These sewer systems are being reviewed and analyzed and costs
determined to be included as part of the feasibility report.
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South . Shakopee, Minnesota • 55379-1351 •952-445-3650 • FAX 952-445-6718
0
As part of the public information synopsis, staff is indicating that the feasibility report
could be completed and presented to Council by January 16, 2001. If the information is
not received and the report not completed, the presentation of the report to Council would
be moved to the next appropriate meeting. As more questions or information is available,
staff can assemble this and send out information similar to this letter and synopsis.
If you have any questions or comments on the feasibility report, prior to the presentation
to City Council, please feel free to call or write to myself at Shakopee City Hall.
Sincerely,
/" t�'
Bruce Loney, P.E.
Public Works Director
BUpmp
CR83/CRl6
Cc: Chuck Rickart, WSB & Assoc.
Brad Larson, Scott County Hwy. Engineer
Mark McNeill, City Administrator
To: Public Information Meeting Participants and Other Interested Persons
From: Bruce Loney, Public Works Director, City of Shakopee
Charles Rickart, Project Manager, WSB & Associates, Inc.
Date: December 7, 2000
Re: CSAH 83 / CSAH 16 Realignment Improvements
Public Information Meeting Synopsis
WSB Project No. 1281-00
A public information meeting was held on Tuesday, November 28, 2000, from 6:30 p.m. to 8:30 p.m., at the
Shakopee City Hall. The purpose of the meeting was to present the proposed CSAH 83/CSAH 16
improvement proj ect and receive comments on the prof ect for input into the feasibility report. There were
approximately 45 people in attendance at the public information meeting. The following is a synopsis of the
comments made, as well as responses to the questions and/or issues.
The proposed concept plan does not promote traffic flow to downtown Shakopee.
The proposed concept is based on a significant study found in the City's Transportation Plan. That plan
looked at the travel patterns from Shakopee area, as well as the surrounding communities. The primary
movement in the future for this area will be from east to west accessing the shopping and commercial
areas adjacent to the TH 169 bypass. The proposed plan would help promote the east -west movement
and in addition, will act as a reliever route for traffic from TH 169.
2. The County has not identified this project in their five-year plan.
This project was not identified previously in the County's Five -Year Capital Improvement Program
(CIP). The County has now identified this project in the CIP, however, no funds are associated with the
project. This issue is currently being addressed by the County Board through their CIP budgeting
meetings which are now underway. The County has indicated that they will participate in this project
through the allocation of funds now or by use of their advanced funding policy.
HAI 12800 MS.WPD
To Public Information Meeting Participants and Other Interested Persons
December 7, 2000
Page 2
What are the impacts on CSAH 16 to the east of the proposed project to CSAH 18? The project should
include a proposed frontage road east of CSAH 83 along those residences which currently have
driveway access onto CSAH 16.
Based on the traffic analysis conducted for this area, as well as the City's and County's Transportation
Plans, this portion of roadway does not currently warrant improvements. However, with the existing
and anticipated growth along the corridor, this area should be looked at in greater detail. The County
has policies that provide for review of the traffic volumes and need for additional improvements on a
yearly basis. This process would involve the City requesting the improvement; the County determining
that a need exists and finally, the County adding the project to their CIP.
The frontage road concept that was shown at the public information meeting was presented to show a
potential concept along the corridor. It will be up to the County to determine what is the appropriate
roadway facility for this area. However, they have indicated that the frontage road system is a good
concept that needs to be explored.
The addition of the frontage road concept into the current proposed plan is primarily a need and funding
constraint. With the projected and anticipated traffic growth, there appears not to be a need in the near
future for this type of facility between CSAH 83 and CSAH 18. In addition, there also is limited
funding available through the County for these types of improvements. The County receives funding
from property taxes and state aid. As property is developed, such as Valley Green Corporate Center, a
portion of the taxes they pay goes into the County's road and bridge fund.
4. Why isn't 17"' Avenue West being constructed with the proposed project?
17' Avenue is being built as development requires its extension. It is anticipated that this roadway will
be completed within three to five years. Similar to the funding constraints that the County has, the City
would have with the extension of 17' Avenue. The City only has limited funds that can be applied
toward roadway improvements. Therefore, roadways are built as development occurs or specific needs
arise.
5. Why is the proposed alternative presented the only option being considered?
This alternative has not been the only one considered to address safety and traffic operations in this
area. During the development of the City's Transportation Plan, this area (Dean's Lake) was studied in
detail. As part of that plan, the alternative of leaving the intersection as is (no build) was studied. A
second alternative was also studied, which eliminated the access into the Valley Green Corporate
Center site from CSAH 83, routing all traffic to the new intersection with CSAH 16/17th Avenue.
H:\112800 MS.WPD
To Public Information Meeting Participants and Other Interested Persons
December 7, 2000
Page 3
As part of the feasibility report, additional alternatives have also been studied, including routing 17'
Avenue south of the mine. The options that the participants at the public information meeting
suggested included:
1. Do nothing and leave the intersection as it is today.
2. Just improve the intersection of CSAH 83 and CSAH 16 with the addition of turn lanes and minor
improvements to improve intersection safety.
3. Realign CSAR 16 through the Valley Green Corporate Center site to line up with the current
CSAR 16 intersection.
Options A and B were looked at as part of the traffic analysis for the Valley Green Corporate Center
site. It was determined that with the anticipated traffic from the Valley Green Corporate Center, as well
as adjacent traffic from the area, and assuming that a 20 -year design should be accommodated, these
two options were determined not to be feasible. In fact, these options would have tremendous impact
on safety and operation of the CSAH 83/CSAH 16 intersection, as well as the TH 169 intersections
along the corridor.
Option C was not previously considered as a result of the limitation of traversing down the bluff
adjacent to CSAH 16. This would require a drop of approximately 50 feet in elevation from the top of
CSAH 16 to its intersection with CSAR 83. Initial review of this option indicates that there would be
significant grade along CSAH 16 in order to not impact the first residential lot east of CSAH 83. In
addition, even with a realigned CSAH 16, it is felt that a local street still would be required at the 17'
Avenue extension location. Based on the City's Transportation Plan and previous traffic analysis, the
primary movement of traffic would be east and west along the 17' Avenue corridor to the commercial
areas along TH 169. This alternative would require traffic to j og from the CSAH 16 intersection to the
17' Avenue intersection to make this movement. This option will be looked at in greater detail as part
of the feasibility report.
6. Who is reviewing the traffic numbers and the concept plans that WSB is preparing?
City staff has primary responsibility for review of these documents. However, both Scott County, using
their own consultant, and Mn/DOT have and will be reviewing the traffic volume numbers and the
concept layout.
7. Who will benefit from this proposed project?
It is clear that the Valley Green Corporate Center will benefit greatly from these improvements.
However, these are improvements the City and County have identified as needed for the future
transportation system within the City and County. Therefore, both the City and County will benefit
HAI 12800 MS.WPD
To Public Information Meeting Participants and Other Interested Persons
December 7, 2000
Page 4
from this project in that they will have a future transportation system built to accommodate not only
traffic from Valley Green Corporate Center, but traffic from the City and County.
8. Who will pay for these improvements?
The majority of the costs will be assessed to the adjacent benefitting properties. The City and County
will also pay their portions of the improvements based on the City assessment policies and County cost
participation policy.
9. What will happen to the abandoned right-of-way from the proposed realignment?
Currently, the right-of-way for CSAR 16 is an easement on the adjacent properties. Therefore, that
easement for roadway purposes will be removed. However, the existing utilities in and around the
corridor will need to be maintained through a utility easement or relocated at the expense of the
property owner.
10. How can the public stay involved in this project through comments and/or questions on the proposed
proj ect?
There will be several opportunities for the public to comment or raise additional questions on this
project. The following is a list of tentative meetings and subjects that will be addressed by the City.
December 19, 2000 City Council Meeting:
The City Council will be provided this synopsis of questions and concerns, as well as any comment
cards received to date on the project. The Council will be given an update on the project and staff will
answer any questions that they may have. The City Council may, at their discretion, allow public
comments to occur at this meeting.
January 16, 2001 City Council Meeting:
Following the completion of the feasibility report, the City Council will be provided a copy of that
report, as well as a presentation will be made by City Staff on the report. The Council's action at this
meeting will be to accept the feasibility report, table the feasibility report, or deny the feasibility report.
The City Council may at their discretion allow public comment at this meeting. The City Council has
the option to accept the report and order a public hearing at a time in the future when appropriate.
This will be the earliest the Feasibility Report would be brought to Council.
February 20, 2001 City Council Meeting: If the City Council at their January 16"' meeting accepts the
feasibility report and orders a public hearing, that will occur at this meeting. City staff will make a
presentation on the feasibility report and any changes that have occurred over the previous month. The
HAI 12800 MS.WPD
To Public Information Meeting Participants and Other Interested Persons
December 7, 2000
Page S
City Council will then take public comment on the project. The City Council action at this meeting
would be to order the project and authorize preparation of plans and specifications, table the project, or
not to approve the project.
This would be the earliest public hearing date.
The above synopsis of comments and responses may not address all questions that were raised at the public
information meeting. However, the public will have additional opportunities to ask questions and/or make
comments at upcoming meetings, as outlined above.
HAI 12800 MS.WPD
12/19/2000 16:15
S.M.S.C. 4 9522333801
2330 SIOUX TRAIL NW ® PRIOR LAKE. MINNa
TRIBAL OFFICE: 952®445-8900 a FAX: 952
December 18, 2000
City of Shakopee
c/o Bruce Loney
129 Holmes Street South
Shakopee, MN 55379
Subject: County Road m16 Feasibility Study
Dear Mr. Loney:
Thank you for having the informational meeting on November
that meeting and receiving your update, the Shakopee Mdewak
has one main concern:
1. Construction of County Road 83/16 intersection while
on the County Road 83/42 intersection project.
At this time, our transportation consultants are reviewing the fe
the Shakopee Mdewakanton Sioux Community shall not comm
appropriate roadway facilities and issues regarding the corridor
County CIP is approved. It is difficult for Shakopee Mdewaka
comment on the current cost participation by the various units
involved.
Again thank you for keeping the Shakopee Mdewakanton
this upcoming roadway upgrade_
Sincerely,
William M. Rudnick/
Tribal Administrator
cc: Mark %,fcNeill, City Administrator
Chuck Rickart, WSB & Associates
N0.606 Deet
nton
. OFFICERS
Stanley R. Crooks
LY
Chairman.
Glynn A. Crooks
vice chairman
55372
Lori K. Crowchild
8906
SecrararylFressurer
2000. After attending
on Sioux Community
ion is underway
;ibility study. Therefore,
it on the travel patterns,
Furthermore, until the
on Sioux Community to
'local government
Community informed on
SSE I
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Item 15.E.1. Part Time Employee Holiday Pay — Public Works
DATE: December 18, 2000
After discussion at staff meeting Monday, the concept of paying part time employees
time and a half for working holidays is something which is of interest to Public Works
Director Bruce Loney and Public Works Supervisor Mike Hullander. We have a few
employees who are seasonal, for which paying over time for working holidays would be
an incentive (snowplow operators during winter holidays, and on a rare instance, seasonal
maintenance employees working on a July &h.
While it is not expected to be a large financial impact on the City, it will be one more
thing which will provide the incentive for seasonal and part time people to come in on a
holiday, and makes us that much more competitive.
Therefore, if the Council will consider action outlined in item 15.E.I ., that should also
apply to Public Works seasonal and part time employees as well.
Mark McNeill
City Administrator
MM:th
/, 5 -. E / /
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig, Facilities and Recreation Director
Date: December 13, 2000
Subject: Part -Time and Seasonal Employment Incentives
INTRODUCTION
The City Council is asked to consider two employment incentives for ongoing
recreational part-time and seasonal employees:
1. Individual membership to the Community Center during their employment period.
2. Holiday pay for working specified City holidays.
BACKGROUND
In order to provide a variety of program and services, the City relies on the contributions
of over 100 part-time and seasonal employees throughout the year. These employees fill
important roles, such as Community Center building supervisors, Ice Arena supervisors,
lifeguards, water safety instructors, playground staff, and outdoor rink attendants.
As you are aware, we are competing for these employees in a very tight job market. The
substantial growth in the number of service related businesses in the area that depend
on part-time help has created additional challenges in recruiting and retaining good
employees.
The 2001 Part -Time pay plan that was recently adopted provided salary adjustments for
several positions. These adjustments will help ensure that we are competitive in the
market. City Council is asked to consider two additional incentives for ongoing part-time
and seasonal employees that will assist us in recruiting and retaining the best
employees.
RECOMMENDATION
Community Center Use
Currently, full-time employees are eligible for an individual membership to the
Community Center as part of the City's wellness program. We have several employees
that take advantage of this benefit. Frequently, ongoing part-time and seasonal
employees (primarily in the Parks and Recreation Department) ask if their employment
with the City makes them eligible for similar benefits. Since the Community Center
opened in 1996, these employees have been allowed to use the Community Center as
an "unofficial" benefit.
At this time, we are proposing that part-time or seasonal employees who are regularly
scheduled for at least 10 hours per week be eligible for an Individual Membership to the
Community Center during the time they are employed with the City. Although the value
of the annual Individual Membership is $70, the value of this incentive for each
employee would depend on the length of the employment period.
Holiday Pay
Since the Community Center, Ice Arena and Aquatic Park are open during some City
holidays, part-time employees are relied on to cover for the full-time employees' holiday.
The City's personnel policies grant pay or compensatory time at the rate of one and one-
half times the employee's base pay, plus the holiday pay, for full-time employees who
are required to work a holiday. However, there currently is no provision for the part-time
employee.
At this time, staff is proposing that part-time or seasonal employees who work specified
City holidays be paid at a rate of one and one-half times the regular rate. This benefit
would only apply to Community Center, Ice Arena, and Aquatic Park employees when
scheduled at their respective facility. It would not apply to other part-time or seasonal
employees. The specific holidays and facilities that this would apply to would be:
Holiday
Facilities Affected
New Years Day
Community Center
Ice Arena
MLK Day
Community Center
Ice Arena
President's Day
Community Center
Ice Arena
Fourth of July
Aquatic Park
Veterans Day
Community Center
Ice Arena
Friday after Thanksgiving
Community Center
Ice Arena
If City Council concurs with the holiday overtime pay for Community Center and Aquatic
Park part-time employees, Council should adopt the resolution amending the personnel
policy listed elsewhere in the December 19th, 2000 Council agenda.
We believe that both of these incentives will help us recruit and retain staff, ensure
adequate staffing levels on holidays, and recognize part-time employees' contributions
to the services we provide.
REQUESTED ACTION
Authorize part-time or seasonal employees who are regularly scheduled for at least 10
hours per week be eligible for an Individual Membership to the Shakopee Community
Center at no charge during the time they are employed with the City.
Mark Themig
Facilities and Recreation Director
2001 Proaosed Park and Recreation Facilities Operating Schedule
®ate
Facility
Hours of O eration
Holiday Pa
January 1
Community
Center
10:00 a.m. — 5:00
p.m.
Yes
Ice Arena Varies
Yes
January 15 (MLK Day)
Community
Center
6:00 a.m. — 10:00
p.m.
Yes
Ice Arena Varies
Yes
February 19 (President°s
Day)
Community
Center
6:00 a.m. — 10:00
p.m.
Yes
Ice Arena Varies
Yes
April 15 (Easter)
Community
Center
Closed
n/a
Ice Arena Closed
n/a
May 28 (Memorial Day)
Community
Center
Closed
n/a
Ice Arena Closed
n/a
July 4
Community Center
Closed
n/a
Ice Arena Closed
n/a
Aquatic Park 12:OON-6:00 p.m.
Yes
September 3 (Labor Day)
Community
Center
Closed
n/a
Ice Arena Closed
n/a
November 11 (Veterans
Day)
Community
Center
6:00 a.m. — 10:00
p.m.
Yes
Ice Arena Varies
Yes
November 24
(Thanksgiving Day)
Community
Center
Closed
n/a
Ice Arena Closed
n/a
November 25
Community
Center
6:00 a.m. —10:00
p.m.
Yes
Ice Arena Varies
Yes
December 24 (Christmas
Eve)
Community
Center
6:00 a.m. — 4:30 p.m.
No
Ice Arena Varies
No
December 25 (Christmas)
Community
Center
Closed
n/a
Ice Arena Closed
n/a
December 31 (New Years
Eve)
Community
Center
6:00 a.m. — 4:30 p.m.
No
Ice Arena Varies
No
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Probationary Status Termination
DATE: December 14, 2000
Introduction
The Council is requested to grant regular part time status
to Linda Jansen. It is further requested that Ms. Jansen
be granted full time status effective January 1, 2001.
Background
Ms. Jansen's six months probationary period ends 12/19/00.
Her performance has been satisfactory and regular part time
status is recommended.
It is also requested that Ms. Jansen be made a full time
employee for 2001. The work load in Finance has increased
and funds are in the 2001 budget for this to be a full time
position.
Recommendation
Recommendation is to grant Ms. Jansen regular part time
status effective 12/19/00 and to grant her regular full
time status effective 1/1/01.
Action
Move to approve regular part time status for Linda Jansen
effective 12/19/00 and to grant regular full time status
effective 1/1/01.
t
Grgg oxl and
Finance Director
C-\gregg\memo\
1 1'
1/•iii trt.0
s
TO: Mayor and City Council CONSENT
FROM: Mark McNeill, City Administrator
SUBJECT: Public Works Contract — 2001— 2002
DATE: December 14, 2000
The Council is asked to ratify a contract with Public Works Teamsters Local 320 for a
two-year contract to begin January 1, 2001, and end December 31, 2002.
In October and November, representatives of the Union and City staff met to discuss
items necessary to renew a contract for the Public Works bargaining unit.
The highlights of the changes are as follows:
1. Overtime — currently, the City allow up to 80 hours of accumulation of comp time
to be generated following December 1St. In previous contracts, it was required
that the comp time would be reduced to 40 hours by May 31St, or otherwise it
would be purchased by the City. The parties have agreed to extend that time in
which to utilize comp time to July 1St, to give affected employees an additional
month.
2. Insurance — The City has agreed to provide the same life, long-term disability,
health and dental insurance benefits to Public Works employees as are provided
non -contract employees.
3. Holidays — The City has agreed to an additional 1/2 day holiday, to be taken
Christmas Eve day. This would be in addition to the current 11 holidays in the
contract.
4. Vacations — The parties agreed to language change which allows accumulation of
vacation to be consistent with that of non -contract employees. (Up to 240 hours of
vacation leave for employees with 15 years or less of employment, and 360 hours
of vacation leave for employees with more than 15 years of employment.)
5. Funeral Leave — The City has agreed to allow three days of funeral leave not to be
chargeable to sick leave, for use in the funerals of immediate family members.
6. Separation Pay — The parties have agreed to an increase in the lump sum payment
at time of retirement, discharge, or resignation, to increase from 1/3, to 45% of the
value of all accumulated sick leave.
7. Wages — The parties agreed to a 3% increase for 2001, and an additional 3%
increase for 2002, unless there is a greater percentage extended to the City's non-
contract employees as a general wage increase. In that case, the Public Works
unit would receive the higher number.
8. Duration — This is for a two-year term of contract for 2001 and 2002.
On November 29th, the Public Works Union members voted to agree to the language
changes.
I recommend that the Council accept the terms of the contract.
If the Council concurs, it should, by motion, ratify the contract with changes with
Teamsters Local 320 for Public Works, for contract to be in effect January 1, 2001
through December 31, 2002.
Mark McNeill
City Administrator
MM:th
By
1
1 , '
Effective January 1, 1009 2001 throullh December
I N D E X
Page
ARTICLE
I.
PURPOSE OF AGREEMENT
1
ARTICLE
II.
RECOGNITION
1
ARTICLE
III.
DEFINITIONS
1
ARTICLE
IV.
EMPLOYER SECURITY
2
ARTICLE
V.
EMPLOYER AUTHORITY
2
ARTICLE
VI.
EMPLOYEE RIGHTS - GRIEVANCE
3
ARTICLE
VII.
UNION SECURITY
5
ARTICLE
VIII.
SAVINGS CLAUSE
5
ARTICLE
IX.
WORK SCHEDULE
5
ARTICLE
X.
OVERTIME
6
ARTICLE
XI.
CALL BACK
6
ARTICLE
XII.
LEGAL DEFENSE
6
ARTICLE
XIII.
SUBCONTRACTING WORK
7
ARTICLE
XIV.
DISCIPLINE
7
ARTICLE
XV.
SENIORITY
7
ARTICLE
XVI.
PROBATIONARY PERIODS
7
ARTICLE
XVII.
SAFETY
8
ARTICLE
XVIII.
JOB POSTING
8
ARTICLE
XIX.
INSURANCE
8
ARTICLE
XX.
HOLIDAYS
9
ARTICLE
XXI.
VACATIONS
9
ARTICLE
XXII.
SICK LEAVE
9
ARTICLE
XXIII.
FUNERAL LEAVE
10
ARTICLE
XXIV.
SEPARATION PAY
10
ARTICLE
XXV.
INJURY ON DUTY
10
ARTICLE
XXVI.
COVERALLS/UNIFORMS
11
ARTICLE
XXVII.
REPLACEMENT
11
ARTICLE
XXVIII.
REQUIRED LICENSES
11
ARTICLE
XXIX.
WAGES
11
ARTICLE
XXX.
WAIVER
11
ARTICLE
XXXI.
DURATION
12
APPENDIX
A.& B.
WAGES
13
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Shakopee, hereinafter called
the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees
Union, Local No. 320, hereinafter called the Union, the intent and purpose of
this Agreement is to:
1.1 Establish certain hours, wages and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this
Agreement's interpretation and/or application;
1.3 Specify the full and complete understanding of the parties, and;
1.4 Place in written form, the parties' agreement, upon terms and conditions
of employment for the duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to
the highest quality of public service. Both parties recognize this Agreement as
a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subd. 14 in an appropriate bargaining
unit consisting of the following job classifications:
Mechanic
Maintenance Worker
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees
Union, Local No. 320.
3.2 EMPLOYER: The City of Shakopee
3.3 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees Union, Local No. 320.
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or
any other special allowance.
3.6 SEVERANCE PAY: Payment made to an employee upon honorable termination of
employment.
3.7 OVERTIME: Effective July 1, 1992 overtime shall be defined as follows:
Any employee working more than 40 hours in a seven day period is to be
paid at the overtime rate for the time worked which exceeds 40 hours.
Time worked shall include hours actually worked and hours compensated for,
1
including vacation, sick and comp time taken. Payment is not to be made
for time, which is taken without pay.
3.8 CALL BACK: Return of an employee to a specified work site to perform
assigned duties at the express authorization of the Employer at a time
other than an assigned shift. An extension of or early report to an
assigned shift is not a call back.
3.9 STRIKE: Concerted action in failing to report for duty, the willful
absence from one's position, the stoppage of work, slow -down, or
abstinence in whole or in part from the full, faithful and proper
performance of the duties of employment for the purposes of inducing,
influencing or coercing a change in the conditions or compensations or the
rights, privileges or obligations of employment.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not
cause, encourage, participate in or support any strike, slow -down or other
interruption of or interference with, the normal functions of the
Employer.
4.2 Any employee who engages in a strike may have his/her appointment
terminated by the Employer effective the date the violation first occurs.
Such termination shall be effective upon written notice served upon the
employee.
4.3 An employee who is absent from any portion of his/her work assignment
without permission, or who abstains wholly or in part from the full
performance of his/her duties without permission from his/her Employer on
the date or dates when a strike occurs is prima facia presumed to have
engaged in a strike on such date or dates.
4.4 An employee who knowingly strikes and whose employment has been terminated
for such action may, subsequent to such violation, be appointed or
reappointed or employed or re-employed, but the employee shall be on
probation for two years with respect to such civil service status, tenure
of employment, or contract of employment, as he/she may have therefore
been entitled.
4.5 No employee shall be entitled to any daily pay, wages or per diem for the
days on which he/she engaged in a strike.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage
all manpower, facilities and equipment; to establish functions and
programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work
schedules and perform any inherent managerial function not specifically
limited by this Agreement.
2
5.2 Any term and condition of employment not specifically established or
modified by this Agreement shall remain solely within the discretion of
the Employer to modify, establish or eliminate.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 Definition of a Grievance. A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms
and conditions of this Agreement.
6.2 Union Representatives. The employer will recognize Representatives
designated by the Union as the grievance representatives of the bargaining
unit having the duties and responsibilities established by this Article.
The Union shall notify the Employer, in writing, of the names of such
Union Representatives and of their successors when so designated, as
provided by Section 6.2 of this Agreement.
6.3 Processing of a Grievance. It is recognized and accepted by the Union and
the Employer that the processing of grievances as hereinafter provided, is
limited by the job duties and responsibilities of the employees and shall
therefore be accomplished during normal working hours only when consistent
with such employee duties and responsibilities. The aggrieved employee
and a Union Representative shall be allowed a reasonable amount of time
without loss in pay when a grievance is investigated and presented to the
Employer during normal working hours provided that the employee and the
Union Representative have notified and received the approval of the
designated supervisor, who has determined that such absence is reasonable
and would not be detrimental to the work programs of the Employer.
6.4 Procedure. Grievances, as defined by Section 6.1, shall be resolved in
conformance with the following procedure.
Step 1. An employee claiming a violation concerning the
interpretation or application of this Agreement shall, within
twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance to the employee's supervisor as
designated by the Employer. The Employer -designated representative
will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after receipt. A grievance not resolved in Step
1 and appealed to Step 2 shall be placed in writing, setting forth
the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the
remedy requested and shall be appealed to Step 2 within ten (10)
calendar days after the Employer -designated representative's final
answer in Step 1. Any grievance not appealed in writing to Step 2
by the Union, within ten (10) calendar days shall be considered
waived.
Step 2. If appealed, the written grievance shall be presented by
the Union and discussed with the Employer -designated Step 2
representative. The Employer -designated representative shall give
the Union the Employer's Step 2 answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer -designated representative's
3
final Step 2 answer. Any grievance not appealed in writing to Step
3 by the Union within ten (10) calendar days following the Employer -
designated representative's final Step 2 answer shall be considered
waived.
Step 3. If appealed, the written grievance shall be presented by
the Union and discussed with the Employer -designated Step 3
representative. The Employer -designated representative shall give
the Union the Employer's answer in writing within ten (10) calendar
days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10)
calendar days following the Employer -designated representative's
final answer in Step.3. Any grievance not appealed in writing to
Step 4 by the Union within ten (10) calendar days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by
the Union shall be submitted to arbitration, subject to the
provisions of the Public Employment Labor Relations Act of 1971, as
amended. The selection of an arbitrator shall be made in accordance
with the "Rules Governing the Arbitration of Grievances", as
established by the Public Employment Relations Board.
6.5 Arbitrator's Authority
A. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to or subtract from, the terms of this Agreement. The
arbitrator shall consider and decide only the specific issue (s)
submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary
to, or inconsistent with, or modifying or varying in any way the
application of laws, rules or regulations having the force and
effect of law. The Arbitrator's decision shall be submitted in
writing within thirty (30) days following close of the hearing or
the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be binding on
both the Employer and the Union and shall be based solely on the
arbitrator's interpretation or application of the express terms of
this Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and
proceedings shall be borne equally by the Employer and the Union,
providing that each party shall be responsible for compensating its
own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be
made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings, the cost shall be shared
equally.
6.6 waiver. If a grievance is not presented within the time limits set forth
above, it shall be considered "waived". If a grievance is not appealed to
the next step within the specified time limit or any agreed extension
thereof, it shall be considered settled on the basis of the Employer's
4
last answer. If the Employer does not answer a grievance or an appeal
thereof, within the specified time limits, the Union may elect to treat
the grievance as denied at that step and immediately appeal the grievance
to the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union, in each step.
ARTICLE VII. UNION SECURITY
In recognition of the Union as the exclusive representative, the Employer shall:
7.1 Deduct each payroll period an amount sufficient to provide the payment of
dues established by the Union from the Wages of all employees authorizing
in writing such deduction or a "fair share" deduction, as provided in
Minnesota State Statute 179.65, Subd. 2, if the employee elects not to
become a member of the Union.
7.2 Remit such deduction to the appropriate designated officer of the Union.
7.3 The Union may designate certain employees from the bargaining unit to act
as stewards and shall inform the Employer in writing of such choice.
7.4 The Union agrees to indemnify and hold the Employer harmless against any
and all claims, suits, orders, judgments brought or issued against the
Employer as a result of any action taken or not taken by the Employer
under the provisions of this Article.
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of
Minnesota and the City of Shakopee. In the event any provision of this
Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken within
the time provided, such provisions shall be voided. All other provisions of
this Agreement shall continue in full force and effect. The voided provision
may be re -negotiated at the written request of either party.
ARTICLE IX. WORK SCHEDULES
9.1 The sole authority in work schedules is the Employer. The normal workday
for an employee shall be eight (8) hours. The normal workweek shall be
forty (40) hours, Monday through Friday.
9.2 Service to the public may require the establishment of regular shifts for
some employees on a daily, weekly, seasonal, or annual basis other than
the normal 6:00 AM to 2:00 PM schedule between Memorial Day and Labor Day,
and 6:30 AM to 2:30 PM the remainder of the year. The Employer will give
two weeks advance notice to the employees affected by the permanent
establishment of workdays different from the employee's normal eight (8)
hour workday.
9.3 In the event that work is required because of unusual circumstances such
as (but not limited to) fire, flood, snow, sleet or breakdown of municipal
equipment or facilities, no advance notice need be given. It is not
required that an employee working other than the normal work day be
scheduled to work more than eight (8) hours; however, each employee has an
5
obligation to work overtime or call backs if requested unless
circumstances prevent him from so working.
9.4 Service to the public may require the establishment of regular workweeks
that schedule work on Saturdays and/or Sundays.
ARTICLE X. OVERTIME
10.1 Overtime, as defined in 3.7 will be compensated at the rate of time and
one-half (1 1/2) and will be paid in cash or in compensatory time off, as
determined by the City Administrator.
10.2 Overtime shall be distributed as equally as practicable by an established
seniority list for the department used as a rotating overtime call list.
Overtime refused by an employee will, for record purposes, be considered
as unpaid overtime work. No prior notice is required for overtime because
much of it is of a "call out" nature requiring immediate response.
Employees contacted under the above policy to work overtime, but refusing
it because of illness, will not be recorded as worked. Also, employees who
would be contacted but are on vacation will not be recorded as having
worked when called for overtime work.
Overtime will be offered to seasonal employees only if full-time employees
are contacted and do not want it.
10.3 Overtime refused by employees will, for record purposes under Article
10.2, be considered as unpaid overtime worked.
10.4 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours
worked.
10.5 The employees will be compensated at the rate of time and one-half (1 1/2)
for so working.
10.6 The City will allow up to 80 hours of accumulation of comp time between
December 1 and Mem.e:_riaa July 1st of each year. Employees shall
endeavor to reduce accumulated comp time to a base 40 hours maximum by
"pial Day July 1st. Comp time hours which remain in excess of forty
after pem0a'"1 Dazy July 1st will be purchased by the City.
ARTICLE XI. CALL BACK TIME
An employee who is called in for work at a time other than his normal scheduled
shift will be compensated for a minimum of two (2) hours at the rate of time and
one-half and will be paid in cash or in compensatory time -off, as determined by
the City Administrator.
ARTICLE XII. LEGAL DEFENSE
12.1 Employees involved in litigation because of negligence, ignorance of laws,
non -observance of laws, or as a result of employee judgmental decision may
not receive legal defense by the municipality.
6
12.2 Any employee who is charged with a traffic violation, ordinance violation
or criminal offense arising from acts performed within the scope of his
employment, when such act is performed in good faith and under direct
order of his supervisors, shall be reimbursed for reasonable attorney's
fees and court costs actually incurred by such employee in defending
against such charge.
ARTICLE XIII. SUBCONTRACTING WORK
Nothing in this Agreement shall prohibit or restrict the right of the Employer
from subcontracting work performed by employees covered by this Agreement.
ARTICLE XIV. DISCIPLINE
14.1 The Employer will discipline employees for just cause only. Discipline
will be in one or more of the following forms:
a) oral reprimand;
b) written reprimand;
c) suspension;
d) demotion; or
e) discharge.
14.2 Suspensions, demotions and discharges will be in written form.
14.3 Written reprimands, notices of suspension and notices of discharge which are
to become part of an employee's personnel file shall be read and
acknowledged by the signature of the employee. Employees and the Union will
receive a copy of such reprimands and notices.
14.4 Employees may examine their own individual personnel files at reasonable
times under the direct supervision of the Employer.
14.5 Discharges will be preceded by a five (5) day suspension, without pay.
14.6 Employees will not be questioned concerning an investigation of disciplinary
action unless the employee has been given an opportunity to have a Union
representative present at such questioning.
14.7 Grievances relating to this Article shall be initiated by the Union in Step
3 of the Grievance Procedure, under Article VI.
ARTICLE XV. SENIORITY
Seniority will be the determining criterion for transfers, promotions, lay-offs,
and recalls, only when all other qualification factors are equal. Recall rights
under this provision shall continue for 24 months after the lay-off occurs.
Recalled employees shall have 10 working days after notification of recall by
registered mail at the employee's last known address to report for work or
forfeit all recall rights.
ARTICLE XVI. PROBATIONARY PERIODS
16.1 All newly hired or rehired employees will serve a six (6) month
probationary period.
7
16.2 All employees will serve a six (6) months' probationary period in any
classification in which the employee has not served a probationary period.
16.3 At any time during the probationary period a newly hired or rehired
employee may be terminated at the sole discretion of the Employer.
16.4 At any time during the probationary period a promoted or reassigned
employee may be demoted or reassigned to the employee's previous position
at the sole discretion of the Employer.
ARTICLE XVII. SAFETY
The Employer and the Union agree to jointly promote safe and healthful working
conditions, to cooperate in safety matters and to encourage employees to work in
a safe manner. Safety meetings will be held quarterly.
ARTICLE XVIII. JOB POSTING
18.1 The Employer and the Union agree that permanent job vacancies within the
designated bargaining unit shall be filled based on the concept of
promotion from within provided the applicants:
a. Have the necessary qualifications to meet the standards of the
job vacancy; and .
b. Have the ability to perform the duties and responsibilities of
the job vacancy.
18.2 Employees filling a higher job class based on the provisions of this
Article shall be subject to the conditions of Article XVI. Probationary
Periods.
18.3 The Employer has the right to final decision in the selection of employees
to fill posted jobs based on qualifications, abilities, and experience.
18.4 Job vacancies within the designated bargaining unit will be posted for
five (5) working days so that members of the bargaining unit can be
considered for such vacancies.
ARTICLE XIX. INSURANCE
For 1999 2001, Public Works employees shall receive contributions towards
health insurance premiums equal to that of non -contract employees. In
addition, the City shall also provide life, long-term disability and dental
insurance equal to that of non -contract employees.
For 200-92 Public Works employees shall receive contributions towards health
insurance premiums equal to that of non -contract employees. In addition, the
City shall also provide life, long-term disability and dental insurance equal
to that of non -contract employees.
8
ARTICLE XX. HOLIDAYS
The Employer will provide the following ten and one-half (10 1/2) paid holidays:
January 1 1st Monday in September
3rd Monday in February 2nd Monday in October
Friday before Easter Veteran's Day, November 11th
Last Monday in May 4th Thursday in November
July 4th if Day (4 hours) December 24`h
December 25th
In addition to the above 10 and one-half paid holidays, each employee may take
one floating holiday to be taken at the request of the employee and approved by
the Employer. Said floating holiday is to taken as a holiday during the current
year and cannot be carried over to the next year.
An employee required to work on a holiday shall be paid or receive compensatory
time at the rate of one and one-half (1 1/2) times the employee's base pay, plus
the employee's regular rate of pay for the holiday.
ARTICLE XXI. VACATIONS
Vacation leave shall be earned by the employee at the following rate:
0 - 5 years of employment 10 days
6 - 15 years of employment 15 days
16-20 years of employment 20 days
21 & over years of employment 1 additional day per year up to 25
days at 25 years
amQunt: - leave earned- ip a calendar year- c -a -n. be
aXept=ienal mases to be determined by the City Administras-tor. Employees who
have 0-15 years of employment may accumulate no more than 240 hours of vacation
leave. Emplovees who have 16 or more years of employment may accumulate no more
than 360 hours of vacation leave. An employee who is separated for any reason
shall be paid for any accumulated vacation leave, provided however, that should
an employee resign without giving two (2) weeks written notice, and except for
reasons of ill health, he shall forfeit his right to all accumulated vacation
leave.
ARTICLE XXII. SICK LEAVE
An employee shall accumulate sick leave at the rate of eight (8) hours per
month. Sick leave may accrue at the rate of twelve (12) days per year to a
maximum of nine hundred and sixty (960) hours. Employees who would otherwise_
accumulate more than 960 hours of sick leave may elect to convert a portion of
their sick leave to vacation leave. Such conversion shall be limited to 60
hours of sick leave, and maybe converted at a rate of 3 hours of sick leave to 1
hour of vacation leave. If an employee elects to convert sick leave, the
election must be in writing, and must be made each payroll year by December 1st.
Payment shall be made during the last payroll period of each year for excess
hours. Other provisions applicable to non -contract employees, as established by
the City Administrator shall also be applicable.
9
The City shall keep track of hours earned in excess of the capped 960 hours on
an annual basis. Excess hours beyond the 960 hours not requested in writing by
the December 1st date shall be forfeited.
ARTICLE XXIII. FUNERAL LEAVE
Funeral leave for immediate family not to exceed three (3) days, will be allowed
by the City. Such funeral leave shall not be chargeable to sick, but instead
shall be a separate bereavement leave. If more than three (3) days are
required, the Employee may choose to deduct the extra three (3) days from either
vacation leave, comp time or accumulated sick leave. Sok Funeral leave maybe
granted for
for eaoft QGGurrenGe ^:F the death of the spouse, death of any relative residing
permanently with and dependent upon the employee, or death of any child,
parent, sibling, grandparent, or grandchild of the employee or of the
employee's spouse.
ARTICLE XXIV. SEPARATION PAY
Severance Pay: An employee who was a full time employee of the City before
January 1, 1980 or who has completed five (5) full years of full time employment
with the City of Shakopee and who is separated from his/her position by
retirement, discharge, or resignation shall receive a lump sum payment, an
amount to equal ene thiaA forty-five percent the value of all accumulated sick
leave calculated on the basis of his/her current salary or wage scale, provided
that should any employee resign without giving two weeks written notice, except
for reasons of ill health, he/she shall forfeit his/her right to all accumulated
sick leave.
Retirement Pay: Employees who have honorably separated from the City after
working for 25 years or more are entitled to a lump sum separation pay based on
the following:
1. The Employee has worked for the City of Shakopee for at least 25
years;
2. Is eligible for a full or reduced pension upon retirement;
3. Shall be a minimum of 55 years of age at the time of retirement.
A lump sum payment shall be made, based upon the following: la for each
of the first 15 years of service, plus an additional .25. for each year
thereafter, up to a maximum additional 30 (i.e., if an employee has served
for 30 years or more, he or she would receive the maximum lump sum in the
amount of 18% of one year's salary.
ARTICLE XXV. INJURY ON DUTY
Employees injured while on duty, through no fault of the employee, shall be paid
the difference between the employee's regular rate of pay and workers
compensation benefits for a period not to exceed twenty-five (25) working days,
in accordance with guidelines set forth in M.S. 176.021, Subd. S.
10
ARTICLE XXVI. COVERALLS/UNIFORMS
The City of Shakopee shall provide one (1) set of coveralls as needed for each
Street and Park employee as determined by the City Administrator.
For the duration of this agreement the City of Shakopee will pay 1000 of the
cost of weekly uniform rental for five (5) uniforms in, five (5) out, one (1) on
the shelf and two (2) jackets for the City Mechanic (s) . The City of Shakopee
will also pay 100% of the cost of weekly uniform rental for maintenance workers
to include five (5) uniforms in, five (5) uniforms out, one (1) on the shelf and
two (2) jackets.
ARTICLE XXVII. REPLACEMENT
The Employer shall provide reimbursement/ replacement of personal property such
as glasses when accidentally damaged while on duty. The Employee must submit a
written claim within a reasonably prompt time after the incident. Such claim
must be verified by the Supervisor.
ARTICLE XXVIII. REQUIRED LICENSES
The City will pay the difference between a standard driver's license, and CDL
driver's license, with required endorsements at the time of renewal.
ARTICLE XXIX. WAGES
The wage rate shown for 2000 will be increased by 3% for 2001, and also for
2002, or a greater percentage to the extent that the City's non -organized
employees receive a general rate increase in excess of 30. See Appendix A.
ARTICLE XXX. WAIVER
28.1 Any and all prior agreements, resolutions, practices, rules and
regulations regarding terms and conditions of employment, to the extent
inconsistent with the provisions of this Agreement, are hereby superseded.
28.2 The parties mutually acknowledge that during the negotiations, which
resulted in this Agreement, each had the unlimited right and opportunity
to make demands and proposals with respect to any term or condition of
employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and
the Union each voluntarily and unqualifiedly waives the right to meet and
negotiate, regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or
condition of employment not specifically referred to or covered by this
Agreement, even though such terms or conditions may not have been within
the knowledge or contemplation of either or both of the parties at the
time this Agreement was negotiated or executed.
11
ARTICLE XXXI. DURATION
This Agreement shall be effective as of January 1, 1999 2001 and shall remain in
full force and effect until December 31, 200-92.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 3-920
FOR THE CITY OF SHAKOPEE
Mayor
City Administrator
City Clerk
FOR MINNESOTA TEAMSTERS PUBLIC AND LAW
ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320
Union Steward
Local 320 Representative
12
APPENDIX A
2001 Public Works Union Pay Schedule @ 3%
Title
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Mechanic
E
$15.645
$16.203
$16.762
$17.321
$17.879
$18.438
$18.997
$19.556
Park Lead
E
$15.645
$16.203
$16.762
$17.321
$17.879
$18.438
$18.997
$19.556
Street Lead
E
$15.645
$16.203
$16.762
$17.321
$17.879
$18.438
$18.997
$19.556
Paint.
D
1 $14.692
$15.217
$15.741
$16.266
$16.791
$17.316
$17.8401
$18.365
2002 Public Works Union Pay Schedule @ 3%
Title
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Mechanic
E
$16.114
$16.690
$17.265
$17.841
$18.416
$18.992
$19.567
$20.143
Park Lead
E
$16.114
$16.690
$17.265
$17.8411
$18.416
$18.992
$19.567
$20.143
Street Lead
E
$16.114
$16.690
$17.265
$17.841
$18.416
$18.992
$19.567
$20.143
aint.
I D
1 $15.133
$15.6731
$16.214
$16.754
$17.2951
$17.8351
$18.3761
$18.916
APPENDIX B
Employees assigned by the Employer as acting Foreperson shall be compensated
$.60/hour above the Maintenance Worker step 8 position for the time they are
assigned to that position. Assignments shall be for a minimum period of 2
hours. The position shall be assigned at the sole discretion of the Employer.
13
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Public Works Department Maintenance Worker Actions
DATE: December 15, 2000
The Council is asked to accept the resignation of Michael Dellwo, Maintenance Worker
in the Public Works Department, and further to authorize a return of Engineering
Technician II Duane Toenyan back to his previous position as Maintenance Worker.
Both actions would be effective January 2, 2001.
Michael Dellwo has submitted his resignation from the Public Works Department,
effective January 2, 2001. Mr. Dellwo began his employment on November 30, 1998, as
a Maintenance Worker. He is returning to a former employer.
Coincidentally, a request has been received from Engineering Technician II Duane
Toenyan, to return to his previous position as Maintenance Worker in Public Works.
Since September l lt', Mr. Toenyan has been employed as an Engineering Technician II
in the Engineering Division. He has requested the ability to return to his previous
position. According to the contract with the Public Works Union (Section 16.4),
employees maybe reassigned back to previous positions at the sole discretion of the
Employer. In this case, while Duane was doing a good job in the Technician II position,
the decision is mutual.
Staff recommends the following:
1. The resignation of Michael Dellwo be accepted with regrets.
2. That Duane Toenyan be reassigned to the position of Maintenance Worker in the
Public Works Division. He would stay at the same pay grade where he has been
(and would have been had he not transferred initially). His anniversary date will
th
revert to his original date of hire, November 25.
3. Authorization to begin advertising to replace Engineering Technician II position.
1. If the Council concurs, it should by motion accept with regrets the resignation of
Michael Dellwo as Maintenance Worker for the Public Works Department of the
City of Shakopee effective January 2, 2001.
2. Authorize the transfer of Duane Toenyan to his previous position of Maintenance
Worker in the Public works Department, with a November 25th anniversary date,
also effective January 2, 2001.
3. Authorization to begin advertising to replace Engineering Technician II position.
Mark McNeill
City Administrator
NjTU 7
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Personnel Policy Amendment — "Acting" Pay
DATE: December 13, 2000
The Council is asked to consider an amendment to the Personnel Policy which would
provide extra compensation for employees who must fill in for certain vacant City job
classifications for an extended period of time.
One thing which the City has not had previously is a policy which recognizes extra work
being done by employees to cover for other employees who are at higher pay grade
during long-term absences.
While not widespread, it appears that some cities do allow for a temporary increase in
pay, if the "covering" employee is performing a substantial part or all of the job duties of
the absent employee, in addition to his or her own.
Staff has had discussion as to what positions would be covered. One concern was
whether every employee covering for another job classification, even if only slightly
different then their normal job, would be eligible for additional compensation. Many
times, if an employee who is eligible for overtime is covering for another vacant position,
sufficient extra compensation might be the amount of overtime pay alone for the extra
hours put in while performing the additional job responsibilities.
After research and some discussion, it is suggested that those employees who cover for
"key employees" (as defined in the Family Medical Leave Act), and those that are
required by State law to be staffed by a City, would be eligible for extra compensation.
The definition of a key employee, is one who "is a salaried FMLA-eligible employee
who is among the highest paid 10% of all employees employed by the employer, within
75 miles of the employer's work site". That would currently include the following
positions:
City Administrator
Police Chief
Public Works Director
Community Development Director
Finance Director
Natural Resources Director
Deputy Police Chief
Facility and Recreation Director
Assistant City Engineer
City Clerk
There are only a few positions required to be filled by State law. The only statutorily
required employee currently in the City is that of Building Official.
We suggest that the City Administrator designate the "covering" employee to fill in for a
vacant key or statutorily required employee. That way there would no confusion as to
who is to receive the extra responsibilities, and pay.
This would be applicable only in the cases of absences in excess of 20 working days.
That would eliminate most times that the vacancy exists due to a short time foreseeable
event such as a vacation.
C, -
It is suggested that the covering employee receive extra compensation in the amount of a
flat 5% of his/her base rate of pay. It would be only for "covering" employees who are
otherwise not eligible for overtime pay. Given the frequency of this situation occurring it
should not be a major impact on the budget.
I recommend that the Council amend the Personnel Policy to include a provision for
acting pay, with the positions and provisions listed above.
1 1 �
If the Council concurs, it should, by motion, adopt the following resolution:
A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA, AMENDING RESOLUTION NO. 4213
ADOPTING THE PERSONNEL HANDBOOK.
Mark McNeill
City Administrator
RESOLUTION NO. 5467
A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA, AMENDING RESOLUTION NO. 4213,
ADOPTING A PERSONNEL HANDBOOK
WHEREAS, on May 2, 1995, the City Council adopted Resolution No. 4213,
adopting a Personnel Handbook for the Employees of the City; and
WHEREAS, the City of Shakopee is in need of a practice which will recognize
extra effort and responsibilities that certain employees take while covering for job
descriptions which are absent for periods of time in excess of 20 working days as
outlined in Attachment "A"; and
WHEREAS, in order to recruit and retain part time seasonal Community Center,
Ice Arena, and Aquatics Center staff, Section V is hereby amended to include overtime
pay for those part time and seasonal employees working the specified holidays.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended
by adding the attachment B to V. HOLIDAYS AND LEAVES, B. Holidays; and
Attachment A to VIII. APPOINTMENTS, D. Interim or Acting Appointments and
relettering balance of subdivisions.
BE IT FURTHER RESOLVED, that all Resolutions in conflict with this
Resolution are hereby repealed and terminated effective December 19, 2000.
Adopted in
Shakopee, Minnesota, held this
ATTEST:
City Clerk
session of the City Council of the City of
day of
2000.
Mayor of the City of Shakopee
ATTACHMENT A
JU11F.-NI—J0,
D. Interim or Acting Appointments
Whenever an employee of the City of Shakopee is required to perform all
the duties and responsibilities for a non-union employee whose job
classification is determined to be a key employee, the interim employee
shall be eligible for acting pay in accordance with this section. A "key
employee" is defined to mean any employee whose position is required by
the State of Minnesota such as the Building Official or a salaried FMLA-
eligible employee who is among the highest paid ten percent of all
employees employed by the City of Shakopee. Key employees shall be
designated in writing by the City Administrator.
For vacancies lasting more than twenty (20) working days, the interim
employee shall be eligible for a 5% increase in salary over the interim
employee's base wage, for the time that the vacancy exits, starting from
the 2lst working day, until such time that such status is determined by the
City Administrator.
A non-union employee classified as non-exempt who assumes an acting
appointment which is an exempt classification, shall not be eligible for
overtime compensation while performing the duties of the acting
appointment. Employees covered by union contracts shall be
compensated in accordance with the Working out of Classification
provisions of the applicable contract. Any acting appointment assumed by
an employee classified as exempt, will generally also be an exempt
classification, therefore the employee would be ineligible for overtime
compensation just as they are in their regular position.
In the event an annual adjustment occurs during the time an employee is
working in an acting assignment, the acting pay would be adjusted
accordingly taking into account any pay increases the employee would
have received during the course of the acting assignment. When the
employee returns to their regular position, they would be compensated at
their old rate plus the amount of any annual adjustment that would have
occurred while they were in the acting assignment.
ATTACHMENT 3
A. Eligibility. All regular employees may take certain
holidays and leaves, as set forth below. Employees
suspended without pay for more than one pay period, or
on unpaid leave of absence, shall not accrue or be
allowed to use any accrued leave. Except as otherwise
provided below, part-time employees who do not
regularly work 30 or more hours per week and temporary
employees do not accrue and will not be paid for
holidays and leaves. 9ter Part-time employees who
reciularly work 30 hours or more per week shall receive
holiday pay on a pro rata basis, based on their hours
regularly worked per week divided by 40-
B. Holidays. Regular employees who regularly work 30 or
more hours per week are entitled to time off with pay
on holidays. City offices shall be closed for business
on each such holiday, but employees may be required by
their department heads to work on holidays when the
nature of their duties or other conditions require. An
employee required to work on a holiday shall be paid or
receive compensatory time at the rate of one and one-
half times the employee's base pay, plus the employee's
regular rate of pay for the holiday. When a holiday
falls on a Saturday, the preceding Friday is a holiday.
When a holiday falls on a Sunday, the following Monday
is a holiday. If a holiday occurs during an employee's
scheduled vacation, it shall not be counted as part of
said vacation. The following days are paid holidays:
HOLIDAY CELEBRATED DATE
New Year's Day
Martin Luther King's Birthday
Washington's and Lincoln's Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Floating Holiday
January 1
Third Monday in January
Third Monday in Feb.
Last Monday in May
July 4
First Monday in Sept.
November 11th
Fourth Thursday in Nov.
that Friday
December 25th
date selected by each
employee
Floating Holiday may be taken at the request of
employee, with prior approval of the employee's
supervisor and the holiday must be taken by the close
of each payroll year. Floating Holiday may be taken
during the probationary period. An unused floating
V-1
holiday shall be forfeited and may not be carried over
to the next payroll year nor paid as severance.
Floating holiday shall be taken in not less than eight
hour increments.
On-going part-time or seasonal Community Center, Ice
Arena and Aquatic Park employees who work New Year's
Day, Martin Luther King Day, President's Day,
Independence Day, and the Friday after Thanksgiving
shall be paid at a rate of one and one-half times the
employee's base pay.
V-2
/ 5 . C—
RESOLUTION NO. 5467
A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA, AMENDING RESOLUTION NO. 4213,
ADOPTING A PERSONNEL HANDBOOK
WHEREAS, on May 2, 1995, the City Council adopted Resolution No. 4213,
adopting a Personnel Handbook for the Employees of the City; and
WHEREAS, the City of Shakopee is in need of a practice which will recognize
the extra effort and responsibilities that certain employees take while performing all the
duties and responsibilities of a non-union employee whose job classification is
determined to be a key employee, and when that key employee is absent for periods of
time in excess of 20 working days as outlined in Attachment "A"; and
WHEREAS, in order to recruit and retain part time seasonal Public Works,
Community Center, Ice Arena, and Aquatics Center staff, Section V is hereby amended
to include overtime pay for those part time and seasonal employees working the specified
holidays.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That Resolution No. 4213, Adopting a Personnel Handbook, is hereby amended
by adding the attachment B to V. HOLIDAYS AND LEAVES, B. Holidays; and
Attachment A to VIII. APPOINTMENTS, D. Interim or Acting Appointments and
relettering balance of subdivisions.
BE IT FURTHER RESOLVED, that all Resolutions in conflict with this
Resolution are hereby repealed and terminated effective December 19, 2000.
Adopted in
Shakopee, Minnesota, held this
ATTEST:
City Clerk
session of the City Council of the City of
day of
2000.
Mayor of the City of Shakopee
/5 1, s
CITTOF .SV 1 0
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Acting Building Official Pay
DATE: December 15, 2000
Currently, the City does have an existing situation for which some acting pay action
should be taken. The City's Building Official is on an extended leave of absence. There
is a Building Inspector who has been covering, and has been patient while waiting for this
policy issue to be resolved. If the policy is approved by Council, I recommend that the
"covering" building inspector be given credit for the 20 days for which he has been
covering (it has actually been since September), and that the additional pay be effective
December 5h, which would have been the day of enactment had this been considered by
Council at the last meeting. However, due to some uncertainties in implementation, it
was tabled just prior to being placed on the agenda of Dec. 5th.
ETSIVE130.91 1 1;
If the Council concurs, it should, by motion, authorize that Jim Grampre, the covering
Building Inspector for the absent Building Official, be compensated with acting pay
retroactive to December 5t' -
Mark McNeill
City Administrator
MM:th
City of Shakopee
nifamnrnvid-71M
O: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Massage Center License Renewal
DATE: December 14, 2000
The City has received an application for renewal of a massage center license.
lS F 1,
Ms. Amy Snyder has applied for renewal of her massage center license for her center, Knead It
Or Knot at 287 South Marschall Road.
I have checked with the Chief of Police, and he has advised that he is unaware of any reason that
the license should not be renewed.
The application for a massage center license is in order and the required certificate of insurance
has been ordered.
Approve the application and grant a massage center license for 2001.
Approve the application and grant a massage center license to Amy Snyder, Knead It Or Knot,
287 South Marschall Road, contingent upon receipt of the required certificate of insurance.
City 01 r
r
lWassage.ccmem
CITY OF SHAKOPEE
Alfomnrnndum.
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Cleaning Contract Renewal — Masterpiece Cleaners
DATE: December 13, 2000
IWNFF1 '1 1
The Council is asked to approve a renewal of a cleaning contract with Masterpiece
Cleaners of Minnetonka, Minnesota for municipal buildings.
This had been on the agenda for consideration at the December 5�' City Council meeting,
but was pulled, so that duties in the Police Department and at the Community Center
could be negotiated. For example, the Police portion of the job duties now reflect the five
restrooms in the building, as compared to the two that were listed in the previous
contract. In addition, because of the uncertainty of the ultimate condition of the Youth
Building, some changes will need to be made there, once the building renovations are
completed. The changes have not resulted in a change in the compensation requested by
Masterpiece. It is possible that other job duties may change; if so, Council will be
advised of the contract modification.
The City contract with Masterpiece Cleaners to perform general custodial work at
Shakopee City Hall, the Community Center, Community Youth Building, Public Works
Building, Library, the old and new Fire Stations, and Police Department.
In general, the work being done is satisfactory, however, staff will continue to work with
the owner, to make certain the cleaning is up to what is provided for in the contract.
Masterpiece has requested a 3% increase for 2001. We find that that is acceptable.
This contract continues with the existing language in that the contract will be for one
year, and will automatically renew unless notice to terminate is given with a 30 day prior
written notice.
Masterpiece Cleaners has proposed a 3% increase for 2001, which brings the total annual
amount to $43,656. The contractor provides equipment; the City provides consumables.
I recommend that the attached contract with Masterpiece Cleaners be executed.
If the Council concurs, it should, by motion, authorize the appropriate City officials to
enter into a contract for cleaning services with Masterpiece Cleaners, 11342 Deer Ridge
Lane, Minnetonka, Minnesota.
Mark McNeill
City Administrator
CLEANING CONTRACT
THIS CONTRACT, made and entered into this day of
2000, by and between the City of Shakopee, a
municipal corporation of the State of Minnesota, hereinafter referred to
as the "City" with offices at 129 S. Holmes Street, Shakopee, Minnesota
55379, and Masterpiece Commercial Cleaning, hereinafter referred to as
the "Consultant" with offices at 11342 Deer Ridge Lane, Minnetonka, MN
55343.
WITNESSETH:
THAT, WHEREAS, the City
Consultant to render certain
described in Exhibit A; and
of Shakopee desires to engage the
cleaning services more particularly
WHEREAS, the Consultant made certain representations and
statements to the City with respect to the provision of such services
and the City has accepted said proposal.
NOW, THEREFORE, for the considerations herein expressed, it is
agreed by and between the City and the Consultant as follows:
1. Services. The City agrees to engage the services of the
Consultant and the Consultant agrees to perform the services hereinafter
set forth in connection with projects described in Exhibit A.
2. Addition to Services. The City may add to the Consultant
services or delete therefrom activities of a similar nature to those set
forth in Exhibit A, provided that the total cost of such work does not
exceed the total cost allowance as specified in paragraph 6 hereof. The
Consultant shall undertake such changed activities only upon the
direction of the City. All such directives and changes shall be in
written form and prepared and approved by the office of the City
Administrator and shall be accepted and countersigned by the Consultant.
3. Exchange of Data. All information, data, and reports as are
existing, available and necessary for the carrying out of the work,
shall be furnished to the Consultant without charge, and the parties
shall cooperate with each other in every way possible in carrying out
the scope of services.
4. Personnel. The Consultant represents that the Consultant will
secure at the Consultant's own expense, all personnel required to
perform the services called for under this contract by the Consultant.
Such personnel shall not be employees of or have any contractual
relationship with the City except as employees of the Consultant. All
of the services required hereunder will be performed by the Consultant
or under the Consultant's direct supervision and all personnel engaged
in the work shall be fully qualified and shall be authorized under state
and local law to perform such services. None of the work or services
covered by this contract shall be subcontracted without the written
approval of the City.
5. Term. The services of the Consultant shall be provided for
one year. If neither party terminates this contract as provided below,
this contract will automatically renew for one additional one-year term.
6. Pay. The City agrees to pay the Consultant in accordance with
the terms set forth in Exhibit A, which shall constitute complete
compensation for all services to be rendered under this contract. It is
expressly understood that in no event will the total compensation and
reimbursement to be paid to the Consultant under the terms of this
contract exceed the sum of $3,638.00 per month for all services required
unless specifically and mutually agreed to in writing by both the City
and the Consultant. No change shall be made unless there is a
substantial and significant difference between the work originally
contemplated by this contract and the work actually required.
7. Termination. If, through any cause, the Consultant shall fail
to fulfill in timely and proper manner the Consultant's obligations
under this contract, or if the Consultant shall violate any of the
covenants, agreements, or stipulations of this contract, the City shall
thereupon have the right to terminate this contract by giving written
notice to the Consultant of such termination and specifying the ef-
fective date thereof, at least five (5) days before the effective day of
such termination. City may without cause terminate this contract upon
thirty (30) days prior written notice. Notwithstanding the above, the
Consultant shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of the contract by
the Consultant.
8. Conflicts. No salaried officer or employee of the City, and
no member of the City Council shall have a financial interest, direct or
indirect, in this contract. A violation of this provision renders the
contract void. Any federal regulations and applicable state statutes
shall not be violated.
9. Assignment. The Consultant shall not assign or transfer any
interest in this contract, without prior written consent of the City
thereto.
10. Confidentiality. Any reports, data, or similar information
given to or prepared or assembled by the Consultant under this contract
which the City requests to be kept as confidential, or which is
protected under Minn. Stat. Chapter 13, shall not be made available to
any individual or organization by the Consultant without prior written
approval of the City.
11. Interest. The Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of services
to be performed under this contract. The Consultant further covenants
that in the performance of this contract no person having such interest
shall be employed.
12. Discrimination. The Consultant agrees in the performance of
this contract not to discriminate on the ground or because of race,
color, creed, religion, national origin, sex, marital status, status
with regard to public assistance, disability, sexual orientation, or
age, against any employee of the Consultant or applicant for employment,
and shall include a similar provision in all subcontracts let or awarded
hereunder. The Contractor shall be bound by and comply with the
provisions of Minn. Stat. Sec. 181.59 as fully as if it were set forth
verbatim herein.
13. Independent Contractor. The Consultant is an independent
contractor and nothing contained herein shall constitute or designate
the Consultant or any of the Consultant's agents or employees as agents
or employees of the City of Shakopee, Minnesota.
14. City Benefits. The Consultant shall not be entitled to any
of the benefits established for the employees of the City nor be covered
by the Worker's Compensation Program of the City.
15. Liability and Indemnity. The parties mutually agree to the
following:
a. The Consultant shall hold the City harmless and agrees to
defend and indemnify the City, its employees and agents, for any claims,
damages, losses, and expenses related to its work under this contract,
or arising out of the award of this contract to Consultant.
b. The Consultant assumes full responsibility for relations with
subcontractors, and shall hold the City harmless and shall defend and
indemnify the City, its employees and agents, for any claims, damages,
losses, and expenses in any manner caused by such subcontractors,
arising out of or connected with this contract.
16. Notices. All notices required or permitted hereinunder and
required to be in writing may be given by first class mail addressed to
the City and the Consultant at the address shown above. The date of
delivery of any notice shall be the date falling on the second full day
after the day of its mailing.
17. Jurisdiction. This contract and every question arising
hereunder shall be construed or determined according to the laws of the
State of Minnesota.
Executed the day and year first above written.
MASTERPIECE COMMERCIAL CLEANING CITY OF SHAKOPEE, MINNESOTA
SERVICE
By By
Mayor
By
City Administrator
By
City Clerk
Prepared By:
The City of Shakopee
129 S. Holmes St.
Shakopee, MN 55379
is\clerk\jeanette\cleaning.con
EXHIBIT A
GENERAL DESCRIPTION
1. Shakopee City Hall
129 South Holmes Street
Service will be provided five days per week (M -F)
Daily cleaning shall consist of the following:
s Dust mop all hard floor surfaces
s Mop all hard floor surfaces
♦ Vacuum all carpet two times per week
♦ High/low dusting as needed
Extras:
® Shampooing shall be at 10 cents sq. Ft. as needed
Service will be provided seven (7) days per week at;
SHAKOPEE COMMUNITY CENTER
1225 Fuller Street
Shakopee, MN. 55379
Daily cleaning shall consist of the following;
• Vacuum all areas wall to wall
• Dust mop all hard floor surfaces
• Remove all trash to proper areas
• Mop all hard floor surfaces
• Vacuum all carpeted runners
• Vacuum all carpeted stairs and stairwells
• Dust all stair rails
• Squeegee all windows and doors
• Vacuum Rotary room
• Vacuum Weight Room
Restroom's (6) Men's and Women's, Locker Rooms and Arena - Daily
• Refill towel, tissue and soap dispensers
• Empty waste containers
• Sweep floors
• Clean mirrors
• Clean & disinfect all fixtures, drinking fountains, sinks, toilets,
etc.
• Spot clean walls and partitions
• Wet mop floor with disinfectant including shower floor
General Office - Daily
• Empty all waste receptacles and remove to proper area
• Dust all furniture, equipment and accessories
• Vacuum all carpeted areas wall to wall
• Arrange all office furniture back in it's proper area
WEEKLY SERVICES - SATURDAYS
• Detail threshold entry plates, removing all visible soil
• Spot clean all walls, light switches and doors
• Scrub all restroom walls and floors using a lime removing
product and use a germicidal detergent
• Scrub shower room floors using a lime removing product and
use a germicidal detergent
Service will be provided two (2) days per week (T&F)
SHAKOPEE COMMUNITY YOUTH BUELDING
Shakopee, MN. 55379
Daily cleaning shall consist of the following;
® Dust mop all hard floor surfaces
o Remove all trash to proper areas
® Mop all hard floor surfaces including long hall
® Vacuum all carpeted runners
® Wipe down counter tops
® Wipe down stove
® Wipe out kitchen sink
® Throw out any items remaining the in refrigerator
® Wipe down refrigerator inside and out
o Clean all tables
® Squeegee all windows and doors
RESTROOMS ,(2)
o Refill towel, tissue and soap dispensers
o Empty waste containers
® Sweep floors
® Clean mirrors
® Clean & disinfect all fixtures, drinking fountains, etc.
® Spot clean walls and partitions
® Wet mop floor with disinfectant
EXTRA'S
® Required waxing/stripping shall be at 18 cents Sq. Ft.
4. Shakopee Public Works Building
500 Gorman Street
Service will be provided two days per week (T & F)
Daily cleaning shall consist of the following:
® Vacuum all carpeted areas, wall to wall
♦ Dust mop all hard floor surfaces
♦ Remove all trash to proper areas
♦ Mop all hard floor surfaces
♦ Vacuum all carpeted runners
Restrooms (2):
® Refill towel, tissue and soap dispensers
® Empty waste containers
® Sweep floors
® Clean mirrors
o Clean and disinfect all fixtures, drinking fountains, etc.
♦ Spot clean walls and partitions
♦ Wet mop floor with disinfectant
General Office:
♦ Empty all waste receptacles and remove to proper area
0 Dust all furniture, equipment and accessories
♦ Vacuum all carpeted areas wall to wall
♦ Arrange all office furniture back in its proper area
Lunchroom:
♦ Clean all tables
e Sweep and mop hard surface floors including long hall
Extras:
♦ Required waxing/stripping shall be at 15 cents sq. Ft.
® Required shampooing shall be at 10 cents sq. Ft.
5. Shakopee Library
235 South Lewis Street
Service will be provided three days per week (M -W -F)
Daily cleaning shall consist of the following:
® Dust mop all hard floor surfaces
® Remove all trash to proper areas
® Mop all hard floor surfaces
s Vacuum all carpeted runners
Restrooms:
♦ Refill towel, tissue and soap dispensers
♦ Empty waste containers
e Sweep floors
® Clean mirrors
o Clean and disinfect all fixtures, drinking fountains, etc.
♦ Spot clean walls and partitions
♦ Wet mop floor with disinfectant
Office Areas:
0 Vacuum all carpeted areas
♦ Arrange all furniture in proper areas
s Empty all trash receptacles
s Spot dust all office desks, equipment, etc.
Extras:
0 Shampooing shall be at 10 cents sq. ft. as needed
6. Fire Station No. 50
334 West 2nd Avenue
Service will be provided the 1st and 3rd Mondays
® Daily cleaning shall consist of the following:
♦ Vacuum all carpeted areas, wall to wall
♦ Dust mop all hard floor surfaces
s Remove all trash to proper areas
♦ Mop all hard floor surfaces
® Vacuum all carpeted runners
Restrooms (2) :
♦ Refill towel, tissue and soap dispensers
♦ Empty waste containers
® Sweep floors
® Clean mirrors
® Clean and disinfect all fixtures, drinking fountains, etc.
s Spot clean walls and partitions
® Wet mop floor with disinfectant
General Office:
♦ Empty all waste receptacles and remove to proper area
♦ Dust all furniture, equipment and accessories
♦ Vacuum all carpeted areas wall to wall
♦ Arrange all office furniture back in its proper area
Lunchroom:
® Clean all tables
♦ Sweep and mop hard surface floors including long hall
Extras:
® Required waxing/stripping shall be at 15 cents sq. Ft.
e Required shampooing shall be at 10 cents sq. Ft.
7. Fire Station No. 51
2700 Vierling ]Drive East
Service will be provided the 1st and 3rd Mondays
Daily cleaning shall consist of the following:
e Vacuum all carpeted areas, wall to wall
♦ Dust mop all hard floor surfaces
Remove all trash to proper areas
® Mop all hard floor surfaces
® Vacuum all carpeted runners
Restrooms (2) :
o Refill towel, tissue and soap dispensers
♦ Empty waste containers
® Sweep floors
♦ Clean mirrors
♦ Clean and disinfect all fixtures, drinking fountains, etc.
♦ Spot clean walls and partitions
♦ Wet mop floor with disinfectant
General Office:
♦ Empty all waste receptacles and remove to proper area
♦ Dust all furniture, equipment and accessories
® Vacuum all carpeted areas wall to wall
♦ Arrange all office furniture back in its proper area
Lunchroom:
s Clean all tables
® Sweep and mop hard surface floors including long hall
Extras:
♦ Required waxing/stripping shall be at 15 cents sq. Ft.
♦ Required shampooing shall be at 10 cents sq. Ft.
8. Police Station
476 Gorman Street
Service will be provided five days per week (M -F)
Daily cleaning shall consist of the following:
♦ vacuum all carpeted areas, wall to wall
♦ Dust mop all hard floor surfaces
® Remove all trash to proper areas
♦ Mop all hard floor surfaces
♦ vacuum all carpeted runners
Restrooms (5):
® Refill towel, tissue and soap dispensers
♦ Empty waste containers
o Sweep floors
® Clean mirrors
® Clean and disinfect all fixtures, drinking fountains, etc.
® Spot clean walls and partitions
Wet mop floor with disinfectant
General Office:
® Empty all waste receptacles and remove to proper area
♦ Dust all furniture, equipment and accessories
♦ vacuum all carpeted areas wall to wall
♦ Arrange all office furniture back in its proper area
Lunchroom:
® Clean all tables
o Sweep and mop hard surface floors including long hall
Extras:
♦ Required waxing/stripping shall be at 15 cents sq. Ft.
Required shampooing shall be at 10 cents sq. Ft.
Service will be provided five (5) days per week (M -F)
Shakopee Lions Park
Shakopee, MN. 55379
Daily cleaning shall consist of the following;
RESTROOMS (2)
• Refill towel, tissue and soap dispensers
• Empty waste containers
• Sweep floors
• Clean mirrors
• Clean & disinfect all fixtures such as sinks and toilets
• Spot clean walls and partitions
• Wet mop floor with disinfectant
Masteffiece
11342 Deer Ridge Lane * Minnetonka, MN 55343
Phone 238-1952 * Fax 238-1952
December 11, 2000
Mark Theming, Community Center
City of Shakopee
Shakopee, MN 55379
Mark Theming,
As you requested, my bid in writing for the 2 bathrooms at Lions Park. These
bathrooms are to be clean daily, Monday through Friday. It will also be my
responsibility to lock and unlock these bathrooms. Below are the rates which
Masterpiece cleaning will charge.
Cleaning of bathrooms 5 days a week - approx. $20.00 a day, $400.00 a month
Locking and unlocking the bathrooms - $5.00 a month
Total billed each month - $405.00
The above bid is based on your awarding me this contract. I understand that you may
on your own find someone else to do either the cleaning and/or the unlocking. If you
do, it would make this bid/contact null and void.
Sin
Sin re
George M. Fiicze i
is. F. C�.
N NA, W" " NO, , M.
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Item 15.F.2. — Cleaning Contract - Addendum
DATE: December 18, 2000
One other item that is different from the previous contract is that Lions Park bathrooms
are proposed to be added to this contract.
Previously, restrooms at Lions Park were only open on weekends, at which time Public
Works was responsible for cleaning them. However, there has been sufficient demand
that the City should be making arrangements for the restrooms to be unlocked and used
(and therefore cleaned) on a daily basis from Memorial Day to Labor Day.
Masterpiece Cleaner has given us a price of $400 per month to clean, and an additional
$5.00 per month to open them. The total, $1215, is not currently in the Public Works
Parks Maintenance budget. However, we feel that sufficient money should be available
by means of a budget amendment, or merely within the parks maintenance line item, that
that amount can be accommodated in the 2001 operating budget.
Therefore, the Council action required for the Masterpiece Cleaners cleaning contract
should include the understanding that restrooms at Lions Park are also to be contracted
out to Masterpiece, for a total of $1215 for the 2001 Sumner season.
Mark McNeill
City Administrator
MM:th
15 . 1p. 3,
City of Shakopee
Alfemorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Tracy Coenen, Management Assistant
SUBJECT: Amending Resolution No. 5312, Establishing the Transit
Commission
MEETING DATE: December 19, 2000
Introduction
City Council is asked to move the adoption of Resolution No. 5464, establishing the
Transit Commission for the City of Shakopee.
Background
The Transit Commission was adopted on February 1, 2000. However, Resolution No.
5312 was drafted before the Commission members met in September, 2000. After
reviewing Resolution No. 5312, the Commission members felt their charge was too
narrowly defined and left out areas of responsibility. The Commission wants to adopt a
new "charge" to allow them to study, evaluate and review more areas of transportation.
Action Requested
Offer Resolution No. 5464, a Resolution of the City of Shakopee, Minnesota, Amending
Resolution No. 5312, establishing the Transit Commission for the City of Shakopee, and
move its adoption.
Alternatives
1) Do not approve Resolution No. 5464.
2) Make amendments to Resolution No. 5464.
3) Table for additional information.
Tracy Coene
Management Assistant
All
RESOLUTION NO. 5464
A RESOLUTION OF THE CITY OF SHAKOPEE,
MINNESOTA, AMENDING RESOLUTION NO. 5312,
ESTABLISHING THE TRANSIT COMMISSION FOR THE CITY OF SHAKOPEE
WHEREAS, on the first day of February, 2000, the City Council adopted
Resolution NO. 5312, establishing the Transit Commission for the City of Shakopee; and
WHEREAS, the Transit Commission studies issues and recommends solutions
relating to the provision of transit services for the residents and businesses in Shakopee;
and
WHEREAS, the Transit Commission felt the following charges were too
narrowly defined, thus stifling the scope of the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That Resolution No. 5312, Establishing the Transit Commission is hereby
amended as follows:
The Commission shall have the following charges:
A. Explore specific and general transportation needs in the community.
B. Explore ways to save and/or improve efficiencies in providing for the
transportation needs of the community.
C. Monitor programs providing improved transportation systems at the
local, regional, state and federal levels and evaluate the potential
application of such programs to meet local community needs.
D. Recommend to City Council programs, procedures or promotional
activities that can be undertaken by the City to improve transportation
systems in the community.
E. Develop, market and advertise Shakopee transportation services.
Adopted in
Shakopee, Minnesota, held this
ATTEST:
City Clerk
session of the City Council of the City of
day of -2000.
Mayor of the City of Shakopee
RESOLUTION NO. 5312
A RESOLUTION ESTABLISHING THE TRANSIT
COMMISSION FOR THE CITY OF SHAKOPEE
WHEREAS, the City of Shakopee is in need of an advisory group to study issues
and recommend solutions relating to the provision of transit services for residents and
businesses in Shakopee; and
WHEREAS, an advisory group, whose members are interested in, and
knowledgeable about transit issues would be of significant assistance to the City Council
of the City of Shakopee as it considers implementation of transit -related issues; and
NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that:
1. A Transit Commission is hereby established, composed of five members, to be
appointed by the City Council, and to include representatives from throughout the
community.
2. Terms of the Commission shall be three (3) years in duration, to be calculated
from March 1, 2000. Terms of the initial appointment shall be evenly divided
between 1, 2, and 3 years so as to provide orderly transition for new appointees in
the future.
3. Upon resignation of a member, a new member shall 'be selected and appointed by
the City Council.
4. Members of the Commission shall serve without compensation and shall not
directly or personally benefit from any recommendations of the Committee.
Members shall, at the first meeting, and the first meeting in March of each
subsequent year select a Chairperson, Vice Chair and Secretary from their own
number with duties in addition to Commission membership implied by these
titles. A majority shall constitute a quorum for the transaction of business.
Where not otherwise stated, the business of the Commission shall be governed by
Roberts Rules of Order Revised.
5. The Committee shall have the following charges:
A. To consider, research, and advise the City Council on issues relating to
transit, including:
® Funding
® User Rules and Regulations
® Service Territories
w
• Equipment Replacement and Acquisition
• Dial -a -Ride service for residential and commercial use
• Fixed route providers
• Interconnections with neighboring transit providers
• Other transit related issues as maybe determined or assigned.
B. Maintain an effective Commission by keeping meeting focused around
a planned agenda.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of. Exi 2000.
Q�--P- -
M or of the City of Shakopee
ATTEST:
C' lerk
!s. /=, Y,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Closing TIF District No. 3 (Downtown)
DATE: December 14, 2000
Introduction & Background
Tax Increment Financing District No. 3, downtown has reached the
end of its allowable life. Resolution No. 5465 documents
official decertification of the district.
Action
Offer Resolution No. 5465, Resolution Decertifying Tax Increment
Financing District No. 3, and move its adoption.
I
i
Gr'eg�;ox and
Finance Director
I:\finance\docs\taxinc\c1ose#3
RESOLUTION NO. 5465
RESOLUTION DECERTIFYING TAX INCREMENT FINANCING DISTRICT NO. 3
BE IT RESOLVED By the City Council ("Council") of the City of
Shakopee ("City") as follows:
Section 1. Recitals.
1.01. The City has previously established its Minnesota
River Valley Housing and Redevelopment Project No. 1 (the
"Project") pursuant to Minn. Stat. Section 469.001 to 469.047
("HRA Act ") ; and
1.02. Within the Project the City has created Tax Increment
Financing District No. 3 (the "TIF District") pursuant to Sections
469.174 to 469.179 (collectively, the "TIF Act").
1.03. The Project and the TIF District are now administered
by the Economic Development Authority for the City of Shakopee
("Authority").
1.04. The Authority and City have determined that is in the
best interest of the City to decertify the TIF District as of
December 31, 2000.
Section 2. TIF District Decertified; Filing.
2.01. The TIF District is hereby deemed decertified as of
December 31, 2000.
2.02. The Authority is authorized and directed to transmit a
copy of this resolution to Scott County with instructions to de-
certify the TIF District, it being the intent of the City that no
collection of tax increment from the TIF District will be
distributed to the Authority after December 31, 2000.
Approved by the City Council of the City of Shakopee this
19th day of December, 2000.
Mayor of the City of Shakopee
Attest:
City Clerk
CITY OF SHAK®i EE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Chaska Interceptor Payment
DATE: December 14, 2000
Introduction and Background
There are sufficient funds in the TIF pool to make a
principal payment on the Chaska Interceptor debt. TIF was
cited in the contract and in the TIF Plan as a source of
funding for the project.
A principal payment of $1,008,500 will use up the money
currently available in the TIF "pooled' account. Money to
make 2001 debt service payments is already set aside. This
is the last chance to use TIF for anything other than debt
service payments. TIF collected in 2001 and 2002 can only
be used for debt payments.
TIF collections in 2001 maybe a little bit smaller than 2000
collections. Collections in 2001 should be sufficient to
make remaining debt payments. This means no collections
would be needed in 2002 and the property can be put on the
general tax base for pay 2002 taxes.
There would be a remaining balance of about $140,000 due on
the contract for the interceptor. Council could use sewer
fund monies to pay off the balance and close this issue.
Alternatively, the $140,000 could be delayed for a couple of
years to when the first original principal payments was due.
The EDA is expected to approve of the TIF payment in their
meeting on 12/19/00.
Action
Move to concur with the EDA on the use of $1,008,500 of TIF
money to make a principal payment on the Chaska Interceptor
debt.
Move to authorize the payment of the remaining balance on
the Chaska Interceptor debt using the Sewer Fund.
G� 9 Voxland
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Chaska Interceptor Payment
DATE: December 19, 2000
Introduction and Background
There are sufficient funds in the TIF pool to make a
principal payment on the Chaska Interceptor debt. TIF was
cited in the contract and in the TIF Plan as a source of
funding for the project.
A principal payment of $868,568.84 plus interest of
$2,835.00 will use up most of the money currently available
in the TIF "pooled' account. Money to make 2001 debt
service payments is already set aside. This is the last
chance to use TIF for anything other than debt service
payments and the interceptor is the only project left in the
TIF Plan. TIF collected in 2001 and 2002 can only be used
for debt payments.
TIF collections in 2001 maybe somewhat smaller than 2000
collections. Collections in 2001 should be sufficient to
make remaining debt payments. This means no collections
would be needed in 2002 and the property can be put on the
general tax base for pay 2002 taxes.
There would be a remaining balance of about $140,000 in the
TIF account that would be used for remaining debt service
payments.
The EDA is expected to approve of the TIF payment in their
meeting on 12/19/00.
Action
Move to concur with the EDA on the use of $871,403.84 of TIF
money to pay off the Chaska Interceptor debt.
Gregg Voxland
Finance Director
I:\finance\docs\taxinc\chintpmt
/s® F. 6
CITY OF SHAKOPEE
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TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Resolution of Support — Steve Johnson
DATE: December 15, 2000
I Q _111 I 1 OWN Lei No
The Council is asked to pass a resolution endorsing Shakopee resident Steve Johnson for
appointment to the Metropolitan Council Parks and Open Space Commission.
Mr. Johnson is a long time Shakopee resident, who served on the Park and Recreation
Advisory Board for 9 years. He has been very active in the recreation community. He
currently serves as a Scott County representative to the Scott -Hennepin Parks Advisory
Board.
He is currently being considered for appointment to the Metropolitan Council Parks and
Open Space Commission. The City of Shakopee, as well as Scott County, has been asked
to consider submitting a resolution of support for Mr. Johnson's candidacy.
A copy of the resolution will be provided at the Council meeting of December 19th
Effiffivul, I ' 1
If the Council wishes to do so, it should adopt the following resolution:
A RESOLUTION SUPPORTING THE
CANDIDACY OF STEVE JOHNSON AS
CANDIDATE FOR THE METROPOLITAN COUNCIL
PARKS AND OPEN SPACE COMMISSION
[14'1�.Cl 141,1_�)JLJII
Mark McNeill
City Administrator
MM:th
15. 1p. L
RESOLUTION NO. 5466
A RESOLUTION ENDORSING STEVE JOHNSON
FOR APPOINTMENT TO THE METROPOLITAN
COUNCIL PARK AND OPEN SPACES COMMISSION
WHEREAS, Shakopee resident Steve Johnson has been long involved with park,
recreational, and educational activities including:
® Nine years membership on the Shakopee Park and Recreation Advisory Board,
including four years as Chair.
® Serving three years on the Shakopee Community Services Advisory Board, which
was a joint powers board between the City of Shakopee and I.S.D. 720.
® Serving three years on the School Board of I.S.D. 720.
® Six years as a Scott County representative on the Scott Hennepin Park Board,
including holding the office of Vice -Chair.
® Being active in long range planning and development of the park systems,
including trail development, and the efficient use of City park land; and
® Being active in coaching in park and recreational athletic groups; and
WHEREAS, an appointment will be considered for a vacancy on the Metropolitan
Council District C on the Park and Open Spaces Commission; and
WHEREAS, the Commission is comprised of nine citizen members whose purpose is
to assist the Metropolitan Council in developing a long-range plan for regional parks,
preserve, and trails in the Twin Cities Metropolitan area; and
WHEREAS, Steve Johnson has the knowledge and experience, that, if appointed,
would benefit all residents of the Metropolitan area by being able to consider a broad
scope of needs and solutions.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that it endorses Steve Johnson as candidate
for the Metropolitan Council District C vacancy for the Park and Open Spaces
Commission.
Adopted in
Minnesota, held this
session of the City Council of the City of Shakopee,
day of )2000.
Mayor of the City of Shakopee