HomeMy WebLinkAbout07/18/2000 TENTATIVE AGENDA
CITY OF SHAKOPEE
ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA JULY 18, 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: June 6 and June 13, 2000
*8] Approval of Bills in the Amount of$1,644,986.87
9] Public Hearing on the proposed trunk watermain extension from Southbridge Parkway to
Stagecoach Road, Project No. 2000-5 —Res. No. 5387
10] Communications: Renae Backert request for exemption form 24-hour parking restriction
11] Liaison Reports from Council Members
12] Recess for Economic Development Authority meeting
13] Re-convene
14] Recommendations from Boards and Commissions
A] Library Study Committee Update—verbal report from Tracy Coenen, Management
Assistant.
TENTATIVE AGENDA
July 18, 2000
Page 2
15] General Business
A] Community Development
1. Extension of Preliminary Plat Approval for Stonebrooke
*2. Text Amendment to the City Code Regarding Fencing—Ord. No. 571
*3. Amendment to City Code Regarding Placement of Wireless Telecommunications
Antennas—Ord. 572
B] Public Works and Engineering
*1. Scott County Cooperative Agreement for Pedestrian Traffic Control Signal at CSAH 17
by the Shakopee Junior High.
C] Police and Fire
*1. Save and Sober Grant—Res. No. 5388
D] Park and Recreation
1. Award Hiawatha Park Shelter Project—Res. 5389
*2. Replacement of Ice Arena Compressor
E] Personnel
*1. Hiring of Part-time Receptionists
*2. Extension of Probation—Jason Bullard
*3. Advertisement of Engineering Tech II and Amending Pay Plan—Res. No. 5390
*4. Hiring of Ice Arena Maintenance Operator
F] General Administration:
1. Pablo's Mexican Restaurant Request for Land Consideration
*2. Applications for Wine and 3.2 Percent Malt Liquor Licenses—Perkins Restaurant
and Bakery—tabled 6/20
*3. Lions Club Donation
4. Application for Temporary Liquor License—Murphy's Landing
5. Refinancing of Health Care Bonds for St. Gertrude's Health Center
*6. Tax Forfeiture Land Action—Lot 10, Block 36
16] Council Concerns
17] Other Business
18] Adjourn
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Adjourned Regular Meeting
July 18, 2000
1. 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.)
A.) 4 Approval of Minutes: 3v,,..s8 (0YL1 c2 O(')
4. Financial
A.) 4 Approval of Bills
5. Other Business:
6. Adjourn
edagenda.doc
OFFICIAL PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
SHAKOPEE,MINNESOTA
REGULAR SESSION
June 6,2000
Members Present: President Amundson,Brekke, Morke, Sweeney, Link
Members Absent: none
Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community
Development Director; Bruce Loney, Public Director/City Engineer; Judith
S. Cox, City Clerk; Jim Thomson, City Attorney; and Paul Snook,
Economic Development Coordinator; Tracy Coenen, Management
Assistant; Mark McQuillan,Natural Resources Director
I. Roll Call:
President Amundson called the meeting to order at 8:09 p.m. Roll call was taken as noted
above.
II. Approval of Agenda
Link/Sweeney moved to approve the agenda as presented. Motion carried unanimously.
III. Consent Agenda
Sweeney/Brekke moved to approve the consent agenda as presented. Motion carried
unanimously.
IV. Approval of Minutes: April 4,2000
Sweeney/Brekke moved to approve the March 21, 2000 meeting minutes. (Motion
carried unanimously under the Consent Agenda.)
V. Financial
A.) Approval of Bills
Sweeney/Brekke moved to approve the bills in the amount of$195.00 for the EDA
General Fund and$0.00 for Seagate. (Motion carried under the Consent Agenda.)
VI. Other Business
There was no other business.
VII Adjournment
Sweeney/Brekke moved to adjourn the meeting to June 20, 2000, at 7:00 p.m. Motion
carried unanimously. The meeting adjourned at 8:13 p.m.
�•e1M l L •
th S. Cox, E Secretary
arole Hedlund, Recording Secretary
ii
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��uS�NT
CITY OF SHAKOPEE
Memorandum
TO: President & Commissioners
Mark H. McNeill, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE : July 13, 2000
Introduction
Attached is a listing of bills for the EDA for the period
6/16/00 to 07/13/00 .
Action Requested
Move to approve bills in the amount of $66, 857 . 05 for the
EDA General Fund (0191) and $120, 174 . 06 for Seagate (9450) .
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OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 6,2000
Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Morke, Link,
Amundson and Sweeney present. Also present: R. Michael Leek, Community Development
Director;Bruce Loney, Public Works Director; Gregg Voxland,Finance Director; Tim Thomson,
City Attorney; Judith S. Cox, City Clerk;Mark McNeill, City Administrator;Mark McQuillan,
Natural Resources Director; and Tracy Coenen Management Assistant.
The pledge of allegiance was recited.
The following items were added to the agenda. 15.A.5. Request of S. M. Hentges& Sons, Inc.
regarding hourly restrictions on construction activities on Gorman Street; 15.A.6. Acceptance of
resignation of Michael Nelson,Public Works Maintenance Worker, and authorize the
advertisement for a Public Works Maintenance Worker. 15.D.7. Consideration for added costs
of Alternative Urban Area Review(AUAR) for proposed Valley Green Corporate Center. 16 .A.
Big K noise problems.
Morke/Link moved to approve the agenda as modified. Motion carried unanimously.
The following items were added to the Consent Agenda. 15.A.5. Request of S. M. Hentges&
Sons, Inc. regarding hourly restrictions on construction activities on Gorman Street; 15.A.6.
Acceptance of resignation of Michael Nelson, and authorize the advertisement for a Public Works
Maintenance Worker. 15.D.7. Added costs of Alternative Urban Area Review(AUAR)for
proposed Valley Green Corporate Center.
The following items were removed from the Consent Agenda. 15.A.2. The approval of the plans
for Stans Park tennis court reconstruction, 2000-7-Resolution No. 5373; 15.F.10. The setting of
a public hearing for the Right-of-Way Ordinance: 15.C.1. The change order for the swimming
pool project.
Amundson/Morke moved to approve the Consent Agenda as modified. Motion carried
unanimously.
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.
Amundson/Morke moved to approve the bills in the amount of$488,838.01 (Motion carried
under the Consent Agenda.)
Mayor Brekke opened the public hearing on the proposed vacation of a portion of Harrison St.
between 3`d and 6th Avenues.
Official Proceedings of the June 6, 2000
Shakopee City Council Page-2-
Cncl. Link refrained from discussion and voting on this issue because he owns property in this
area.
Mr. Leek reported on the vacation of a portion of Harrison Street. He said the City was not
vacating the street they would be vacating excess right-of-way on Harrison Street. On May 2nd
Council directed staff to begin proceedings of initiating a vacation of a portion of the Harrison
Street right-of-way from 3`d to 6th Avenue. 60 feet of right-of-way is being retained for street
right of way projects. The vacation is for the 40 excess feet of this right-of-way to be vacated for
this local street.
Mayor Brekke asked if there was anyone in the audience who wished to speak on the proposed
vacation. There was no response.
Mayor Brekke declared the public hearing closed.
Sweeney/Amundson offered Resolution No. 5371, a Resolution of the City of Shakopee Vacating
a Portion of Harrison Street Between 3'1 and 6th Avenue in the City of Shakopee, Scott County,
Minnesota, and moved its adoption. Motion carried unanimously with Cncl. Link abstaining.
Mayor Brekke re-opened the public hearing on the transfer of the cable franchise to merged
AOL/Time Warner.
Mark McNeill, City Administrator, reported on the named operator of the newly merged cable
company. The public hearing regarding the transfer of the City's cable television franchise to the
newly merged AOL/Time Warner was continued at the May 16th City Council meeting because
there was a question on who actually has controlling interest. It now had been determined by
Adrian Herbst, the consulting attorney for the City retained for cable issues, that the holder of the
Shakopee franchise is Amzak Cable Midwest, Inc. under the newly formed merger between AOL
and Time Warner. Mayor Brekke asked for comments from the audience. There was no further
public testimony.
Mayor Brekke declared the public hearing closed.
Sweeney/Link offered Resolution No. 5361, A Resolution of the City Shakopee Approving the
itsadoption. Motion carried
" n Franchise, and moved
nicatio s
Transfer o
f the Cable Communications P
unanimously.
Mayor Brekke recognized the County representatives, Dave Unmacht, County Administrator and
Commissioner attendingthe CityCouncil meeting to discuss issues of
Art Bannerman, County
an,
common interest to both parties.
Official Proceedings of the June 6, 2000
Shakopee City Council Page-3-
Dave Unmacht, County Administrator, approached the podium and updated the City on issues of
interest from the County's perspective. He reported to the City on what took place in the County
in 1999 and what the goals were for the County in 2000. The goals include building a new jail
facility, and many goals on growth and land use. The physical plant and significant crowding
issues within the jail itself exist along with goals regarding communication between the County
and the neighboring Cities. The County hopes to have an intranet along with an internet available
and they are proposing that the CIP process be expanded. The County hopes to organize their
interpretive language services, which need to be provided. The County is doing better in
identifying their needs for their budget and financial awareness. The County needs to improve the
communication on what they do. The County's budget in part will be driven by the population
growth, compensation policy, information expectations, citizen's expectations and the results of
the jail planning study. From a planning aspect the County and neighboring cities need to think
Countywide. Some of the growth policy will be determined in the county moratorium. A few of
the outcomes that are hoped to be achieved are: how can the County compete better and what
does the County really want to look like.
Mayor Brekke asked about the park system in Scott County.
He was advised that the Park Program was given very high priority now. One of the future goals
of the County will be the County park system. With the growth the neighboring towns are
experiencing, the need for more and improved parks is getting much public support. The County
needs to determine how the Scott County Park system will operate. This need will be brought
back to the Scott-Hennepin Advisory Board.
Mayor Brekke addressed the issue that the intersection of 4th and Marschall is getting a
tremendous amount of traffic and has been for years. Part of this traffic comes from the newly
erjarge,4 Gott County r:rwernroent Center. HP was wondering what the Cities input into the
Counties CIP would consist of.
Mr. Unmacht explained that the County's vision of the City's role of input on the County CIP
needs to be centered on the credibility, flexibility and the knowledge that the County will take the
Cities comments seriously.
It was questioned if the County was really budgeting enough for upgrading roads in their budget
to keep up with the need. The County acknowledged that they were significantly below what
they should be budgeting.
It was felt strongly that the land use in the townships should be compatible with the land use next
to it in the City. This land use should be taken into consideration so side-by-side incompatible
land uses do not result.
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Shakopee City Council Page-4-
Art Bannerman, County Commissioner, said he appreciated the relationship between the City of
Shakopee and the County.
A recess was taken at 8:09 p.m. for the purpose of conducting an Economic Development
Authority meeting.
The meeting was reconvened at 8:13 p.m.
Mark McQuillan,Natural Resources Director, approached the podium and addressed the Council
regarding the issue of whether or not to hire a consultant to work with City officials, residents,
and developers in drafting a tree preservation ordinance. The Planning Commission at its May 18,
2000 meeting unanimously recommended that a consultant be hired to work with the City on the
tree preservation ordinance. At the May 18, 2000 of the Planning Commission, a Public Hearing
was held taking testimony from the audience on a draft tree preservation ordinance but the
meeting was continued to the June 22, 2000 meeting of the Planning Commission. It was felt that
if a consultant, the Kunde Company, was hired to do the final draft of the tree preservation
ordinance then the biases of the developers and the Council would be eliminated. They would be
able to facilitate meetings and get more residents involved in making decisions. This is an
unbudgeted item and the City Council needs to determine whether or not a consultant should be
hired. The Kunde Company has worked with other Cities in drafting tree preservation
ordinances. Their cost estimate to assist the City in drafting a tree preservation ordinance is
$6,330. Steve Kunde, of the Kunde Company, was present to address any questions if need be.
Cncl. Amundson asked what goals had been presented in the proposed tree preservation
Ordinance
There
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goals would emerge.
Kathy Gerlock, resident in the Deans Lake area in Shakopee, approached the podium and said she
could not abide by any more delays in this tree preservation Ordinance. This tree preservation
ordinance started a long time ago. The City needs regulations in place. She wanted the City to
finalize a tree preservation ordinance now. Public comments have been heard; the money for a
consultant seems high. She urged at the minimum to define what a woodland area is.
Dave Czaja, resident of the Deans Lake area, approached the podium and said he agreed with
Kathy Gerlock that there needs to something in place as soon as possible. There are still some
significant tree stands in the City of Shakopee.
Jane DuBois, 1305 6th Ave. West, said the City would be remiss if there was no ordinance in
place. The ordinance presented was not perfect but it was better than not having one at all. She
Official Proceedings of the June 6,2000
Shakopee City Council Page-5-
asked the Council not to accept any final plats and allow tree removal without something in place
to guide the developers in taking down trees.
Steve Soltau, developer for Shakopee Crossings, approached the podium and said the goals in
preserving trees had not been addressed in the ordinance put forth. The City Council was
responsible for the goals of the City. They should be the ones to address the goals. There is
something in place for developers, in the subdivision ordinance. They have an obligation to
preserve as many trees as possible. Shakopee Crossing's land out by Dean's lake is going through
an AUAR and he would abide by recommendations of the AUAR.
Mayor Brekke said staff has put in a significant amount of time on the tree preservation ordinance
if a consultant is desired, he would like that recommendation to come from staff. When the
ordinance is discussed then the goals will be discussed. Ordinances are amended all the time. He
would like to see this ordinance come before the City Council so they could discuss it. He would
also like to see the Planning Commission make a recommendation on this ordinance.
Steve Kunde, from the Kunde Company, approached the podium and told the Council that he
could help draft a tree preservation ordinance. He would look at it with a different perspective
than a community member or the DNR. He would like to see it done right the first time. He has
seen many problems that other communities have run up against with this type ordinance and he
could help the City with them. He felt he may have well over estimated the time that was needed
for this ordinance.
It was felt that the input from the Planning Commission should be listened to, to produce the
desired outcomes the City was trying to achieve with the tree preservation ordinance. The City
needed to move ahead on this issue. It should be done right the first time.
There was slight discussion as whether or not an interim tree ordinance should be in place while
the study for the true tree preservation ordinance was being conducted.
Cncl. Link wanted the Natural Resources Director to check out the plats before they were
approved.
Cncl. Sweeney felt perhaps a consultant was necessary. He had no objection having someone
who had worked with other communities and developers.
Sweeney/Morke directed staff to enter into a contract Kunde Company, Inc., 2311 Woodbridge
St, Roseville, Minnesota to make recommendations and to assist the City with drafting its Tree
Preservation Ordinance, and the funding to come from Mayor and Council professional services
budget. Motion carried 4 - 1 with Mayor Brekke dissenting.
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Shakopee City Council Page-6-
The tree preservation ordinance that was drafted was halted as of now and there is no temporary
ordinance in place. There is the subdivision ordinance to address the residential plats before they
are approved but there is nothing in place to address the commercial or the industrial plats.
Brekke/ directed staff to draft an interim tree preservation ordinance and to come back to the
City Council with this interim policy.
This motion died for a lack of a second. Discussion continued.
Mr. Jim Thomson, City Attorney, recommended that an interim tree preservation ordinance be
enacted with the wording to reflect basically a moratorium on the plats that met the definition of
significant wood area and any plats that met this definition of significant wooded area would not
be processed until a permanent tree preservation ordinance was in place. This is the best option
and vehicle to do this if the City Council chooses.
It was suggested that there be a temporary moratorium on certain developments that meet the
definition criteria until a tree preservation ordinance comes forward. The Planning Commission
could put conditions on the plat approval that must be met.
Mr. Leek offered to carry back to the June 22, 2000, Planning Commission meeting the
frustration the City Council had with this tree preservation ordinance. Perhaps at that meeting the
Planning Commission will act on this issue.
Mark McQuillan approached the podium and offered the option that he would work with the
developers at a staff level to preserve some of the stands of trees now in the City.
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Amundson/Morke offered Resolution No. 5372, A Resolution Accepting Bids On the 2000
Sidewalk,Parking Lot and Trail Improvements Project No. 2000-2, 2000-3, And 2000-6, and
moved its adoption. (Motion carried under the Consent Agenda.)
Bruce Loney, Public Works Director, approached the podium and reported on the Stans Park
Tennis Court Reconstruction, Project No. 2000-7, Resolution No. 5373. The City Council
authorized staff at the February 15, 2000 City Council meeting to proceed with design plans of
the tennis court reconstruction at Stans Park. Staff took soil borings under the current tennis
courts and found that this soil was not suitable for tennis court construction. These courts are
now located at the intersection of 10th Avenue and Fuller Street. The design of the "new" tennis
courts includes the relocation of the tennis courts within Stans Park. The kiddie playground will
be relocated within Stans Park also to provide the needed room for the relocation of the tennis
courts. The "new" tennis courts will be located further to the south to line up with the School
Official Proceedings of the June 6,2000
Shakopee City Council Page-7-
District's tennis courts. The estimated cost of this project including 15% engineering and
administration costs will be approximately$255,000. The Public Works Department will assist in
this project, thus reducing the costs of the project by approximately$10,000. The estimated costs
are now higher than the original proposal because these"new" courts are a further distance from
the current site. He would like to proceed with the removal of the current tennis courts and
prepare the new area of the proposed tennis courts, relocate the "kiddie"'playground and relocate
some trees within Stans Park. This could also present the opportunity for additional parking. The
funding for this project is to come 50%from the Capital Improvement Fund and 50% from the
Park Reserve Fund. •
Mayor Brekke would like to see a neighborhood informational meeting on this project to let the
this project
needs to start
Loneysaid
neighbors know what is going on before it happens. Mr.
now or it will be delayed until next year because of the weather.
Morke/Link offered Resolution No. 5373, A Resolution Approving Plans And Specifications And
Ordering Advertisement For Bids For The Stans Park Tennis Courts Reconstruction Project No.
2000-7, and moved its adoption.
Jon Albinson, Valley Green Business Park, approached the podium with a concern regarding the
funding on this project. He questioned whether this was an appropriate use of Park Reserve
Funds. He felt this was a general fund expense.
Councilor Sweeney stated that the rationale for this funding was that the construction of the
tennis courts was not maintenance. This is new construction. The City had committed to the
School District that they would construct four new tennis courts in the area mentioned. Using the
Park Reserve Fund was a policy decision of the City Council. This was to cover a budget
ehortfall.
The City Attorney said the Park Fund was a Council Fund but the authority for putting money in
this fund comes from Park Dedication fees which are established and authorized by State Law. It
is legal to use this fund for acquiring, leasing, maintaining, and providing capital improvement for
recreational facilities. Legally the City can use this fund. It is a policy question for the Council as
to how it is allocated.
Motion carried unanimously.
Mayor Brekke wanted a motion on the funding.
It was noted that this had been done at a previous meeting.
A recess was taken at 9:15 p.m.
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Shakopee City Council Page-8-
The meeting re-convened at 9:30 p.m.
Amundson/Morke moved to approve the suspension of City Code Sec. 10.60, Noise Elimination
and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by
S.M. Hentges& Sons, Inc., for the City Projects 1999-5 and 1999-7, to Saturday between 7 a.m.
and 6 p.m., and direct staff to publish notice of the suspension terms with the 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.)
Mayor Brekke introduced the traffic stop sign warrant study for St. Francis Avenue and Anton
Way.
Bruce Loney approached the podium and reported on this issue. Residents in the Groveland Way
and Anton Way area petitioned the City in March asking that a traffic study be done at the Anton
Way and St. Francis Avenue intersection. The City did do a traffic study in the intersection of St.
Francis Ave. and Anton Way located in the Prairie Village Subdivision and found this intersection
did not meet warrants for a four way stop sign at St. Francis Avenue and Anton Way. This
intersection did meet the study for full intersection control but the warrants were not met along
with the accident criteria not being met. The City did upon further review of this area recommend
that a temporary all way stop sign installation be placed at the intersection of Sarazin Street and
St. Francis Avenue. Sarazin has the only stop sign at this time. There is some signage by St.
Francis Hospital that does not allow much of a sightline. In the future the City may need to
remove the stop sign on Sarazin because this street is designed as a collector street.
F_ric Nutter, 2031 Groveland Way, approached the podium with traffic, concerns on St Francis
Avenue. He and other neighbors in this area petitioned the City to put up a stop sign on St.
Francis Avenue and Anton Way. The speed of cars traveling in this area was a huge concern to
them. This was a bus stop intersection also.
Amundson/Morke moved to direct staff to install stop signs on St. Francs Avenue at the
intersection of St. Francis Avenue and Sarazin Street.
Cncl. Morke felt strongly that because of the speed a four way stop sign was needed at the
intersection of St. Francis and Anton Way.
Sweeney/Amundson amended the above motion to read to direct staff to install "temporary" stop
signs on St. Francis Avenue at the intersection of St. Francis Avenue and Sarazin Street.
Amended motion carried 4 - 1 with Cncl. Morke dissenting.
Official Proceedings of the June 6,2000
Shakopee City Council Page-9-
Main motion as amended carried unanimously.
Amundson/Morke offered a motion approving the suspension of City Code Sec. 10.60,Noise
Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D, as
requested by S. M. Hentges& Sons, Inc., for the Gorman Street Project 2000-1, to Saturday
from 7 a.m. to 6 p.m., and direct staff to publish notice of the suspension terms with the
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.)
Amundson/Morke accepted the resignation of Michael Nelson, public works maintenance worker,
• with regrets effective June 20, 2000 and authorized the appropriate staff to utilize Scott County in
advertising and hiring a maintenance worker to fill this vacancy. (Motion carried under the
Consent Agenda.)
Amundson/Morke moved to authorize the purchase of five(5) SCBA packs with spare cylinder
and Alert System from Clarey's Safety Equipment, Inc. for the price of$18,245. (Motion carried
under the Consent Agenda.)
Amundson/Morke offered resolution No. 5367, A Resolution Setting the Public Hearing Date To
Consider The Vacation Of A Portion of 5th Avenue Right-Of-Way West of Adams Street, and
moved its adoption. (Motion carried under the Consent Agenda.)
Amundson/Morke offered a motion extending the 12-month time period for approval of the
Preliminary Plat for Maple Trails Estates by an additional 12 months. (Motion carried under the
onsent Arra.�rla 1
Amundson/Morke offered Resolution No. 5368, A Resolution Of The City of Shakopee,
Minnesota, Approving the Final Plat of Christmas Creek, and moved its adoption. (Motion
carried under the Consent Agenda.)
Amundson/Morke offered Resolution No. 5366, A Resolution Of The City Of Shakopee,
Minnesota, Approving the Final Plat of Pheasant Run Fifth Addition, and moved its adoption.
(Motion carried under the Consent Agenda.)
Amundson/Morke offered Resolution No. 5370, A Resolution Of the City of Shakopee,
Minnesota, Approving The Final Plat of Classics At Southbridge 3'd Addition, and moved its
adoption. (Motion carried under the Consent Agenda.)
Sweeney/Amundson removed the vacation of a portion of alley right-of-way in Block 19, Old
Official Proceedings of the June 6,2000
Shakopee City Council Page-10-
Shakopee Plat from the table. Motion carried unanimously.
R. Michael Leek, Community Development Director, approached the podium and reported to the
Council on the Stemmer Farm and Garden request for a vacation of a portion of the alley and
Scott Street Right-of-way adjacent to Block 19 south of First Avenue. This issue was tabled at
the April 18, 2000 City Council meeting because there were access concerns by neighboring
businesses to the west. The access agreements for the use of a portion of alley right-of-way to be
vacated have been signed by all}affected neighbors except one party. The City Attorney
recommended that all parties involved sign an access agreement with the applicant, Stemmer Farm
and Garden, before the vacation of the alley is recorded and also he would like action taken to
authorize the appropriate City Officials to enter into an agreement with the property owner for an
encroachment on to Scott Street. This has been reviewed by the City Attorney and modified to be
ti acceptable to the City.
Sweeney/Link offered Resolution No. 5346, A Resolution Of The City Of Shakopee Vacating A
Portion Of Alley Right-Of-Way In Block 19, OSP, City Of Shakopee, Scott County, Minnesota,
and moved its adoption; and directed staff to refrain from recording the resolution until the access
easements have been signed and consent is received from the affected property owners,and to
authorize the appropriate City Officials to execute the agreement regarding the Scott Street
encroachment. Motion carried unanimously.
Amundson/Morke offered and approved a motion authorizing the expenditure of additional funds
to complete the final draft of the Valley Green Corporate Center AUAR. (Motion carried under
the Consent Agenda.)
Amundson/Morke moved to accept Mr. Jared Andrews,Planner I, resignation effective June 13,
2000 with wishes fwr future success, authorized the appropriate City OEcEµlm to nTn/`nn/� witl�
filling the vacancy created by the resignation of Mr. Andrews in the Community Development
Department. (Motion carried under the Consent Agenda.)
Amundson/Morke moved to acknowledge the satisfactory completion of probation and authorize
the retention of Mike Otteson and Paul Tessmer as Fire Fighters for the City of Shakopee.
(Motion carried under the Consent Agenda.)
Amundson/Morke moved to acknowledge the satisfactory completion of probation and
authorized the retention of Clay Johnson as a Police Officer effective June 10, 2000. (Motion
carried under the Consent Agenda.)
Amundson/Morke moved to extend the probation period of Officer Cody Horner to August 30,
2000. (Motion carried under the Consent Agenda.)
Official Proceedings of the June 6,2000
Shakopee City Council Page-11-
Amundson/Morke moved to authorize the hiring of Linda Jansen as Part-time Accounting Clerk
at$13.3399 per hour, Step 1, Grade C of the 2000 Pay Plan, effective June 19, 2000; subject to
successful pre-employment physical, background and credits checks. (Motion carried under the
Consent Agenda.)
Amundson/Morke moved to approve the applications and grant on-sale and Sunday on-sale
intoxicating liquor licenses to Saba Entertainment,LLC dba/The Main Event Sports Bar& Grill,
911 East 1'`Avenue, Shakopee,,Minnesota. (Motion carried under the Consent Agenda.)
Amundson/Morke approved the application and grant a massage center license to Larry Lambert
dba/Hair International at 491 South Marschall Road, Shakopee, Minnesota, upon compliance with
the requirements of the City Code. (Motion carried under the Consent Agenda.)
Amundson/Morke moved to authorize the acceptance of$10,000 from the Lions Club and
authorize the funds to be placed in the Escrow Fund for use in Lions Park. (Motion carried under
the Consent Agenda.)
Amundson/Morke moved to authorize the execution of a quit claim deed to Richard and Jeanette
Stoks for a 1,818 square foot parcel located adjacent to 135 Atwood Street South in Shakopee,
Minnesota for a price of$1,818. (Motion carried under the Consent Agenda.)
Amundson/Morke moved to declare the property in the memo from Gregg Voxland, Finance
Director, dated May 12, 2000 regarding surplus equipment, as surplus property to be sold at the
Hennepin County auction on June 8, 2000. (CC Document No. 292) (Motion carried under the
Consent Agenda.)
Mayor Bre"-e.axV4,7.UVVV 'the♦ AAVL Comprehensive PI-1 amendment for elementary school
I
site/MUSA.
Mark McNeill approached the podium and reported that a minor comprehensive plan amendment
was needed for an elementary school site to be incorporated into the metropolitan urban service
area(MUSA). In March, 2000, Council heard a presentation regarding the need to make an 8.8
acre school site larger. The proposed school site is insufficient in area, and four to six more acres
are needed.
The School District has identified an area in the Shakopee Crossings area east of the Southbridge
development to serve the school population on the eastern end of the City. Part of the land for
the school site is in MUSA and part of the land is outside of MUSA. In addition to the land that
the School District would like to purchase from Shakopee Crossings, Shakopee Crossings has
land that needs MUSA, that they want to be rezoned to mid density multifamily zoning. These
actions would allow the sale of the land to the school district at a below market price of$35,000.
Official Proceedings of the June 6,2000
Shakopee City Council Page-12-
The City staff has been in contact with the Met Council and they are willing to consider this
MUSA addition for a school site; also, the zoning change as a separate request. He asked that
staff to be directed to submit individual amendments to the Comp Plan to the Met Council for
their decisions.
School Superintendent Robert Ostlund approached the podium and advised the Council that this
site is an ideal location for the new elementary school that would most likely be opened in the fall
of 2002. There are limited sites available for new schools and this was the plan from the
beginning. The developer of Shakopee Crossings is willing to sell the needed acres to ISD#720
well below market value. He will need the area rezoned to medium density multi-family for this
transaction to be economically viable.
Steve Soltau, Shakopee Crossings developer, approached the podium and told the City that for
this transaction to take place with the school district he needed to know that he would be able to
provide MUSA to the adjoining area. Conceptually there would be four acres for commercial on
the south and multifamily. He has had discussions with the School District for many years.
Sweeney/Amundson moved to direct staff to submit an application to the Met Council for a minor
comprehensive plan amendment to facilitate the inclusion of the 24.05 acres of land into MUSA
so the land size is appropriate for an elementary school site. Motion carried unanimously.
Sweeney/Amundson move to direct staff to consider a concept approval of rezoning,
approximately 13 acres including an elementary school site on the eastern end of the City, to mid-
density multifamily residential, with the understanding that rezoning will need to go through the
regular formal application process.
Motion carried 4-1 with Cncl. Morke dissenting.
Mayor Brekke said he would try to arrange something on the Library Study Committee. Right
now there were no volunteers from the City Council to be on this additional committee for a
liaison opportunity. This will be brought be back at the next Council meeting.
In response to the question on if all of the change orders were necessary for the pool project, Mr.
McQuillan stated that these changes were not approved with the original plans. It was hoped that
these additions would not be necessary. However, change order no#1 which addresses the pump
house building is a cosmetic change to dress the building up to look presentable. The second
request of change order# 1 addresses the copper tubing that SPUC requested be used, and
request no. 3 of change order# 1 is for ease of maintenance. The entire amount of the change
order is less than 1% of the project.
Official Proceedings of the June 6,2000
Shakopee City Council Page-13-
Mayor Brekke thanked Mark McQuillan for managing the project.
Amundson/Link moved to approve $9,464.91 for change order# 1 of the Municipal Swimming
Pool Project with funding to be allocated from the Building Fund. Motion carried unanimously.
Mark McNeill reported to the City Council on Murphy's Landing/OHEC Costs. A joint
workshop meeting was held with representatives from Murphy's Landing, Outdoor Heritage
Education Center(OHEC) and the City Council on May 15, 2000. At that meeting direction was
given to staff to obtain prices for environmental and archeological investigations of a potential site
for the construction of the OHEC building. Because Murphy's Landing along the Minnesota
River is known to have Indian Burial mounds,because this area has been eluded to be a City
-- dump, because there are floodplain issues, and because there is bedrock in the area this study is
felt to be necessary to see if this project is viable. A proposed building site consisting of 3 —5
acres has been determined. A"Phase P' environmental study for this area would cost
approximately $2,000 to $3.000. If the Phase 1 environmental study determines this is a viable
project further studies will need to be done at an approximate cost of$10,000. The funding for
this project is to come from the Mayor and Council line item for Professional Services.
The majority of the Council felt it was necessary to have this study performed.
Morke/Amundson moved to authorize that a Phase I environmental study be done of the
Murphy's Landing east end for a potential construction site for the Outdoor Heritage Education
Center at a cost of approximately $2,000 to $3,000 with the funding to come from the City
Council professional services budget. Motion carried unanimously.
Mark McNe l! reported to the Council on the proposed City NAIL Annex across the street from
City Hall. Mr. Monnens, one owner of the proposed building to be the City Hall Annex has asked
that there be discussion on this building with the Council. Because of expensive remodeling and
handicap requirements, Mr. Monnens is willing to demolish the second story of the pizza building.
This would be contrary to the downtown facades and additional costs would be needed to stay
with the down town façade. Mr. Monnens has stopped work on this building for the time being.
However, if the City does not decide to commit soon to what they want,Mr. Monnens will go
ahead and lease this building out. The pizza building is a two story building with the second story
not of particular value to the City. Should the City pursue buying this building, pursue leasing it
with a three-year lease, or buy the building as is. If the City purchased this building there still
would not be much parking available. Mr. Monnens would like in writing what the City intends
to do with this building.
Cncl. Amundson supported purchasing the building and remodeling it in keeping with the down
town façade.
Official Proceedings of the June 6,2000
Shakopee City Council Page-14-
Cncl.
age-14Cncl. Link felt that the City should just build a City Campus to house more government entities.
Jane DuBois approached the podium to address the Council on this issue. She agreed with Cncl.
Link.
Link/Sweeney moved to direct the City Administrator to check into available appropriate sized
parcels to house a new City Government Campus. Motion carried unanimously.
Sweeney/Link moved to set a date for a public discussion to consider a City Right-Of-Way
Ordinance for Wednesday July 5, 2000 at 7:00 p.m. Motion carried unanimously.
• Council Members agreed to schedule a workshop meeting of the City Council for June 13, 2000
at 5:00 p.m. for the presentation by the consultant on the City Facilities Study and to talk about
the right-of-way ordinance.
The problem with noise coming from the"Big K" loudspeaker was slightly discussed. Staff will
talk to the store manager.
Amundson/Sweeney moved to adjourn to Tuesday June 13, 2000, at 5:00 p.m. Motion carried
unanimously. 0/2C(Judith S. Cox
'dty Clerk
Carole Hedlund
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ. REGULAR SESSION SHAKOPEE,MINNESOTA JUNE 13, 2000
Mayor Brekke called the meeting to order at 5:00 p.m. with Councilmembers Morke, Link,
Amundson and Sweeney present. Mayor Brekke was absent. Also present: R. Michael Leek,
Community Development Director;Bruce Loney,Public Works Director;Paul Snook,Economic
Development Authority Coordinator;Judith S. Cox, City Clerk;Mark McNeill, City
Administrator; and Tracy Coenen, Management Assistant. Present from the Economic
Development Advisory Committee: Jeff Jansen, Jay Lyle, Scott O'Brien, and Brian Langdon.
The pledge of allegiance was recited.
Amundson/Sweeney moved to approve the agenda as presented. Motion carried unanimously.
Acting Mayor Link turned the gavel over to Cncl. Amundson to Chair the discussion of the livable
communities demonstration account 2000 and the Vision Shakopee presentation.
R. Michael Leek, Community Development Director approached the podium and reported on the
Livable Communities Demonstration Account 2000. In 1998 the City of Shakopee applied for
funds from the livable communities demonstration account 2000 for the Child Care facilities by
the new Fire Station. These funds were not granted. Later the City of Shakopee did receive
$100,000 in incentive funds from this account. This year the money in this fund has increased
substantially. Recently it was just decided to apply for these funds for the use of Vision
Shakopee. A plan was submitted for phase one of the application on June 2, 2000 for the Livable
Communities Act from the Met Council. This will be used for riverfront planning and the
downtown corridor. It was determined that these two improvements meet the criteria that the
livable communities act is looking for.
The Economic Development Advisory Committee was invited to this workshop and was
introduced by Paul Snook. This committee was created to assist the Economic Development
Authority. Mr. Snook introduced the individual members.
Duane Wermerskirchen, representing Vision Shakopee, approached the podium and expressed
some suggestions that the Vision Shakopee committee foresaw in the downtown area. They had
concerns regarding the Post Office block. There was discussion regarding the Post Office block
and possibilities of the Post Office expansion/relocation.
Jerry Green, manager of the Post Office building, was present at the meeting. He acknowledged
that the Post Office really needed more space and that when a lease is up they do act fast.
Larry Madsen, Post Master at the Shakopee Post Office, approached the podium. There are
several options available. The Post Office is up for budget in 2002. It has been the Post Office's
practice to give only 60-90 days notice when they are going to move.
Official Proceedings of the June 13, 2000
Shakopee City Council Page 2
The City would like to see the Post Office stay in the downtown area. They would like to have a
plan in place for the Post Office.
It was asked that staff inventory the area and find out what space is available for building
downtown.
There was discussion regarding the Fuller Street/County Hwy 69 intersection and the adjacent
City parking lot. It was decided that this parking lot was really of no use to the City. No one
uses this lot they do not even know that it is there. The City had an appraisal done of this
intersection. If this intersection was opened the property then would be worth$500,000. Staff
was asked to investigate the costs of reopening this intersection and acquiring the parcel owned
by the County.
The Council was asked to look at the code issues and zoning issues for property along 1'Avenue
from Dangerfields to the Dairy Queen. Priorities need to be determined, then the homeowners of
the property where grant money is available need to be sent letters. Mr. Leek clarified three
issues regarding the properties along l'`Avenue. He clarified that 1)there are no residential
inspection programs within the City for residential inspections, 2) lending institutions are reluctant
to close on properties in this area because of zoning issues, 3)there is no ordinance to allow the
City to take action on vacant buildings.
Mr. Wermerskirchen also addressed the condition of a few homes immediately approaching the
City of Shakopee. Cncl. Link thought perhaps this was an area for redevelopment and Cncl.
Morke thought this was a good area for affordable housing for the low income. Mr.
Wermerskirchen would like a study done of this area to find out just what kind of properties are in
this location. This location does fall into the target area for the small cities development program.
Cncl. Amundson thought perhaps some of the grant monies should be used to keep this area
ustor:c svviuib and a bene:image*v the commnrity.
Cncl. Amundson returned the gavel to Acting Mayor Link.
Mark McNeil approached the podium and addressed the Council. He stated that clarification was
needed on leasing the building across the street as a short term solution to city hall space needs as
well as looking at the longer term. In 1993 the City staff moved into the current offices replacing
the old city hall. It was anticipated to meet the short term needs to 2010. The growth the City
has experienced was not anticipated. The City is to the point that we need to look at what to do
in the short term. Last fall City Council authorized a study for City facilities. We now need 6,500
sq. ft. of additional space and 10,000 sq. ft. if down stairs is not used. We also need to look at
the longer-term solution to the problem. We need to ask what does the City want us to do
regarding facilities. We need a general direction. Where do we look for a site? What size site do
we look for? Do we look for a site to house the police station, the library, and city hall? Do we
look further out in the community or in the downtown area?
Official Proceedings of the June 13, 2000
Shakopee City Council Page 3
Cncl. Sweeney felt it wise to look for a site to ultimately accommodate all the City wanted to do.
If the building were done correctly then a residential area would be okay. Many people would
like to see the city hall remain downtown. It is an anchor for the downtown area.
Jeff Jansen, a member of the EDAC, asked the City to be sure of their decision because what they
do downtown impacts the whole downtown area.
Cncl. Link stated that the Shakopee Area Catholic Schools(SACS) own land at CR 16 and CR
83 and are interested in trading it with a site owned by Mr. Hauer adjacent to Sun Path
Elementary School. This would open up 40 acres at 16 and 83.
Jon Albinson, Valley Green Business Park, approached the podium and questioned where the City
would want to be in 40-50 years. He said that the site at 16 and 83 would be a great site for a city
hall campus.
Mr. McNeill said that there is 1,300 square feet being used by Scott Joint Prosecution and there
are other locations down stairs at city hall and there are ADA issues that can be done. The
present building could be made to work to get through two years. We do, however, need to start
looking at a 40-50 year plan. The reason this was brought up at this time was because the site
across the street from city hall became available. Council has made a decision not to use the site
across the site.
The architectural study for a"new" library was addressed. It was determined that he City
preferred a one story building rather than a 26,000 thousand square foot two story library.
There is not much parking available at the current site now and about anything done to the current
site would impact what little parking there was.
Mark McNeill stated that the current refuse contract expires February 15, 2001. There are some
who are not satisfied with the service they are receiving. Staff is looking at sending out a survey
to get input from the residents.
Tracy(VCVenen, Management Assistant) approached the podium. explained that there are
three main options for refuse collection. These are: 1)have the municipality responsible for the
removal of refuse, 2)have an open system where residents make their own decision on a refuse
hauler, and 3) have a closed organized system where the City selects the refuse hauler. The most
popular choice is the open system. There is no liability issue there but it is hard to enforce
everyone to have refuse service. The closed system does have a liability issue regarding clean-up
if the disposal site is closed down the road. The first choice of the municipality being responsible
for the refuse hauling is very expensive. Surveys will be sent on this issue. The City is looking
for feedback and trying to heighten public awareness of this issue.
Official Proceedings of the June 13, 2000
Shakopee City Council Page 4
Cncl. Sweeney stated that if there was an open system, there would be an incentive not to use a
hauler. The City may then spend more time enforcing the use of a refuse hauler as opposed to
calls received regarding a closed system refuse hauler.
Mr. McNeill arked asked the City Council to review the proposed survey and to let Tracy or
himself know if they had any comments or suggestions.
Sweeney/Amundson moved to adjourn to Tuesday June 20, 2000 at 7:00 p.m. The motion
carried unanimously. The meeting adjourned at 6:59 p.m.
?kharliA,t) •°/?C
dith S. Cox
City Clerk
Carole Hedlund
Recording Secretary
CJ
`\COUSCIVT
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance director
RE: City Bill List
DATE: July 13, 2000
Introduction and Background
Attached is a print out showing the division budget status for
2000 based on data entered as of 7/13/2000 .
Also attached is a regular council bill list for invoices
processed to date for council approval .
Included in the checklist but under the control of the EDA are
checks for the EDA General Fund (code 0191) in the amount of
$66, 857 . 05 and for Seagate (code 9450) in the amount of
$120, 174 . 06 .
Also included in the checklist but under the control of the S .W.
Metro Drug Task Force (code 9825) are checks in the amount of
$1, 491 . 61 .
Action Requested
Move to approve the bills in the amount of $1, 644, 986 . 87 .
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
07/13/00
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 80,130 5,695 37,712 47
12 CITY ADMINISTRATOR 249,600 10,859 130,740 52
13 CITY CLERK 219,290 6,996 83,317 38
15 FINANCE 429,990 22,141 236,183 55
16 LEGAL COUNSEL 298,500 61,050 207,610 70
17 COMMUNITY DEVELOPMENT 574,780 17,108 243,947 42
18 GENERAL GOVERNMENT BUILDINGS 253,840 5,973 74,772 29
31 POLICE 2,173,740 68,829 984,269 45
32 FIRE 705,840 40,178 302,546 43
33 INSPECTION-BLDG-PLMBG-HTG 428,070 20,393 236,886 55
41 ENGINEERING 541,650 27,222 239,065 44
42 STREET MAINTENANCE 904,850 67,777 388,038 43
44 SHOP 156,240 6,675 73,408 47
46 PARK MAINTENANCE 535,430 23,838 237,454 44
91 UNALLOCATED 557,010 23,225 241,600 43
TOTAL GENERAL FUND 8,108,960 407,959 3,717,546 46
17 COMMUNITY DEVELOPMENT 509,990 7,409 156,673 31
TOTAL TRANSIT 509,990 7,409 156,673 31
19 EDA 247,380 69,023 102,999 42
TOTAL EDA 247,380 69,023 102,999 42
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CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford, Assistant City Engineer
SUBJECT: Trunk Watermain Extension, From Southbridge
To Stagecoach Road, Project No. 2000-5
DATE: July 18, 2000
INTRODUCTION:
Attached is Resolution No. 5387, a resolution ordering the improvement and preparation
of plans and specifications for a trunk watermain extension, from the Southbridge
development to an existing watermain at Stagecoach Road.
BACKGROUND:
On October 19, 1999, the City Council of Shakopee adopted Resolution No. 5245, which
ordered the preparation of a feasibility report for the extension of watermain from
Southbridge Parkway to Stagecoach Road. The adoption of Resolution No. 5245 was the
result of a petition submitted by Shakopee Crossings Limited Partnership, one of the
property owners affected by the project. The feasibility report has been completed and
was submitted to the City Council on July 5, 2000. At that meeting, Resolution No. 5376
was adopted, which was a resolution receiving a feasibility report and calling for a public
hearing on July 18, 2000.
Attached is resolution No. 5387. If City Council determines that this project should be
constructed, at the conclusion of the public hearing, Resolution No. 5387 would order the
preparation of plans and specifications for this project.
DISCUSSION:
This watermain extension is essential in providing another water source for the
Southbridge development. When the Southbridge development was approved, the
developers signed an agreement with the Shakopee Public Utility Commission that
requires the completion of a loop when a certain number of housing units were built. The
number of units having been built at Southbridge has exceeded this number, and
therefore, it is required that the loop be completed.
The feasibility report presents two alternative alignments for the watermain extension.
(Please note that on Exhibits D and E, the areas identified as County Road 101, and the
existing 12" watermain, are labeled wrong. County Road 101 and the east-west
alignment of the existing watermain are both located further to the north. The existing
railroad tracks are located where County Road 101 is labeled on the drawings. For
clarification, revised drawings have been attached to this memo.)
Alignment#1 would connect to an existing watermain at Southbridge, cross County Road
18, and extend east and north through the Shakopee Crossings property along a future
roadway. The extension would continue east to Stagecoach Road, then north to an
existing watermain located just south of the existing railroad tracks (see the revised
Exhibit D).
The second alternative would connect to the existing watermain at Southbridge, extend to
Stagecoach Road along the NSP easement, adjacent to the existing power lines, cross
Stagecoach Road and continue northerly along the east side of the road until it connects
to the existing watermain located south of the existing railroad tracks (see the revised
Exhibit E).
Both alternatives would complete the loop, as required in the agreement between the
developers and the Shakopee Public Utility Commission.
At their meeting on July 10, 2000, the Shakopee Public Utility Commission discussed the
proposed project. Attached please find a memo from Joe Adams which provides the
recommendation from the Commissioners.
Staff concurs with the recommendation made by the Shakopee Public Utility
Commission. Steve Soltau, who represents the petitioner, Shakopee Crossings Inc., has
indicated that the company he represents would prefer alignment number 1 over
alignment number 2.
ALTERNATIVES:
1. Adopt Resolution No. 5387, which orders plans and specifications for this project
using alignment alternative number 1, and as amended by the City Council.
2. Adopt Resolution No. 5387, amended to show alternative alignment number 2,
which orders plans and specifications for this project using alignment alternative
number 2, and as further amended by the City Council.
3. Determine that this project should not be constructed and deny Resolution No.
5387.
4. Move to authorize the appropriate City officials to execute a consultant extension
agreement, with WSB & Associates, Inc., for surveying services to complete the
plans and specifications for the improvements.
5. Table Resolution No. 5387, to allow time for staff to prepare additional
information as directed by the City Council.
RECOMMENDATION:
Staff recommends Alternative Numbers 1 & 4.
ACTION REQUESTED:
1. Offer Resolution No. 5387, A Resolution Ordering an Improvement and the
Preparation of Plans and Specifications for a Trunk Watermain Extension, from
Southbridge Parkway to Stagecoach Road, Project No. 2000-5 and move its
adoption.
2. Move to authorize the appropriate City officials to execute a consultant extension
agreement, with WSB & Associates, Inc., for surveying services to complete the
plans and specifications for the improvements.
Joel Rutherford
Assistant City Engineer
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JUL-13-2000 08 13 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.01
SHAKOPEE PUBLIC COMMISSION
MEMOMNDpM
TO: Joel Rutherford,Assistant City Engineer
FROM: Joseph D.Adams,Administrative Assistant
RE: SOUTHBRIDGE PUD WATERMAIN LOOPING PROJECT
DATE: 7112/00
At their meeting on July 10th,the Commission accepted the Feasibility Report and
directed me to inform you that they recommend the Alternative it 1 mute.
As you know,the Commission is concerned about the number of living twits in this area
that remain on an unlooped watermain. So,they consider this project a very high ley
for construction this year.
I plan to be present at the public hearing on July 18th to answer any questions concerning
SPUC policies.
Thanks.
Post-it"Fax Note 7671 Dale inalOall
orrYkmeiaiiiirmmiem
CoJDept. lam
aviriumm C .
Phone
Fax* 1
Fax*
JUL-13-2000 08:14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.02
SHAKOPEE PUBLIC UTILITIES COMMISSION
rifFAVOMODUM
TO: Lou VanHaut,Utilities Manager
FROM: Joseph D.Adams,Administrative Assistant I' ,
RE: SOUTHBRIDGE PUD LOOPING FEAS u: i STUDY
DATE: 7/6/00
Attached is the mod from the city.
The Ccenmiasion should review the report at this time and submit any comments to the
Coup Those is a public hearing on this proposed project scheduled for the 7/18/00
Council meeting.
They do not have to pass a resolution approving osersizing at this time. They can do that
after the public bearing on the project. The pried is a port of our current CIP for year
2000 oartstmction. The CIF budget amount is$30,000.
There are two alternatives gesented in the report. Alternative 1 has eve:sizing estimated
at$36,000. Alternative 2 has ovvrasizing estimated at$63,000. Ultimately ovasiaog will
depend on which alternative is selected and the possibility of additional lateral wate mains
installed by the developer of the Southbridge commercial area,Shakopee Qossings.
Since Shakopee Crossings'development plans aro evolving,the actual making will
most Melly chmge regardless of which alternative is chosen. This will be resolved at the
time payment for the oversiang is approved Payment approval is a separate step and
comes after consnuction of the project is completed. At that time the ove sizing
calculation will be resolved.
The main issues regarding the two alternatives are:
Alternative 1 is preferied by city staff since it would pass through land botdercd on both
sides of the petitioner of the project,Shakopee Crossings. This simplifies the assessments.
The only property not within the MUSA along the proposed path is Chemo Contracting
Corp. Property does not have to be within the MUSA to receive municipal water service.
Shakopee Crossings'development plans sue currently under an AUAR. The property
cannot be preliminary platted until the AUAR process is complete. Grading on the
JUL-13-2000 08:14 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.03
pity cannot begin until the property is poly platted There are grading issues
within the property that affect the waters"installation. Completion of the AUAR
Pis is estimated to be within the next 2-4 motes.
Alteasative 2 does not have grading issues. However,the proposed path crosses several
other parcels that ate not within the MUSA,in addition to also crossing the Chemo
property. This will complicate the assts,with appeals from those ply owners
Moly.
Public Worms Director Mime Loney plans to attend the Commis' sionmeeting and will
address those concerns directly. No one appears willing to take on the risk of the success
of those potential appeals. Not the Council,Shakopee Croom,nor the Commission.
Other alternatives may have to be considered. One possibility imey be to extend the
wstwmSin CO to Stagecoach Road,but then wand it south to the Eagle Creek Preserve
plat that is served by Savage. This is not recommended since it has the same asses
problems as Alternative 2.
Another possibility may be to do a cambinetion of the two alternatives. Extend the
wemr:enin out to Stagecoach Road,but when east oiling it north do it cat the east side of
the Shakopee Crossings property where they are new telling us they may need a lateral
wet r main for fire protection. The assessments could be handled similar to Alternative 1.
This wataao, in could also provide service in the Adore to the property on the east side of
Stagecoach Road. If so,at that time the Commission could char8e a special fee to connect
if those properties do not participate in the project now through assessments. this has
been done before for some of the property along Marling Drive between CSAH 16 and
Jasper Road.
Of course the city could do something snmiar with"deferred asaessmeaots"to those
properties, The Commission may want to explore this with the Council
I am asking the Commission at this time to provide direction on what input they wmild
like us to give to city staff for the public ham. The Commission has made it clear they
want this looping completed this year. Are they opposed to pec alternative?
TOTAL P.03
RESOLUTION NO. 5387
A Resolution
Ordering An Improvement And Preparation Of
Plans And Specifications For
A Trunk Watermain Extension,
From Southbridge Parkway To Stagecoach Road
Project No. 2000-5
WHEREAS, Resolution No. 5376 adopted on June 20, 2000, fixed a date for Council
hearing on the proposed improvement of a trunk watermain extension, from Southbridge Parkway
to Stagecoach Road,. and any appurtenant work as described in the feasibility report.
WHEREAS, ten days published notice of the hearing through two weekly publications of
the required notice was given and the hearing was held on the 18th day of July, 2000, at which all
persons desiring to be heard were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. That the improvement is necessary, cost effective and feasible and is ordered as
hereinafter described:
Trunk watermain extension, from Southbridge Parkway to Stagecoach Road, and any
appurtenant work as described in the feasibility report, as alternative number 1.
2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this
improvement. He shall prepare plans and specifications for the making of such improvements.
3. The work of this project is hereby designated as part of the 2000-5 Public Improvement
Program.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
.♦v ...vv.. ••.i ..v..u.u. yJ VVJ.• VV1
ASPHALT INC. NORTHWEST ASPHALT, INC.
"The only way to pave"
i
1451 STAGECOACH ROAD SHAKOPEE,MN 55379-2797 PHONE(612)445-1003
FAX(612)445-1056
July 14,2000
City Council
City of Shakopee
129 South Holmes Street
Shakopee MN 55379
Dear City Council;
We are'wing you in response to your notice of hearing regarding the proposed public
improvement project no.2000-3,and as owners of the land and business at 1451 Stagecoach Road,
(Northwest Asphalt and Pfeiffer Properties),which is located in the proposed area.
We were interested in the prospect of sewer and water coming to our location and would
welcome it. However,upon further investigation we learned that this would not become available to
us. Rather,it was to be installed to the property literally across the road (A proposed site for
commercial use) We were also told our property could not be included because it did not fall under
the Metropolitan plan For the sewer treatment plants_
This all seems terribly unfair. Our business has been at this same location for over 20 years,
yet someone"new"comes to the area and requests sewer and water,and has it granted. How could
the metropolitan plan be so short sighted to not include all of the Shakopee area? A number of
businesses along with ourselves have occupied the old Hwy 18 area for many years,yet we are not in
consideration for city amenities,now or in the Future. How can this be fair?
We invite your response to this. Perhaps there are plans in the works we have no knowledge
of. Your phone call or letter would be greatly appreciated.
Sincerely,
0,6
Mike Pfeiffer
Deb Hendrickson
Don Pfeiffer
AN EQUAL OPPORTUNITY EMPLOYER
I l 10
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: 24-Hour Parking Exemption
DATE: July 13, 2000
INTRODUCTION:
The Council is asked to grant an exemption from City Code, which prohibits vehicles
from being parked in excess of a 24-hour period.
BACKGROUND:
A request has been made by Renae Bockert, 1187 Madison Street. She and her husband
are the owners of a recreational vehicle that received a warning from the Police
Department,when it was left parked in the street for an extended period of time. She
indicates that due to a physical disability, and because of an elderly relative who also
resides at their address,that the motor home cannot remain parked in their driveway
during warm weather months (the motor home and a boat are in storage from October
15th through April 1St. Normally, her husband would be able to move the motor home,
but that cannot always be assured of that happening due to work commitments.
Therefore,they request an exemption from Section 9.04 for the motor home, from April
1St through October 15th.
Section 9.08 (Subd. 1.) of the City Code provides that .... 'Upon showing of undue
hardship in individual cases,the Council may grant modification or exemption from the
above upon notifying the City Engineer,the Street Department and the Police
Department". In staff's option,this qualifies as a hardship. Note that no comment has
been solicited from neighbors as to other issues or concerns.
RECOMMENDATION:
I recommend that an exemption be granted from 9.04, owing to hardship circumstances.
ACTION REQUIRED:
If the Council concurs, it should,by motion, grant an exemption from Section 9.04 of the
City Code,which prohibits the parking of a recreational vehicle on or within the limits of
any street right of way for more than 24 consecutive hours, as provided in Section 9.08
(Subd. 1 of the City Code), from April 1st through October 15th of each year,until no
longer needed.
1,441/1/Utte
Mark McNeill
City Administrator
MM:tw
CC: Bruce Loney
Dan Hughes
Renae Bockert
s 9 . 01
SEC. 9.50. PARKING DURING STREET MAINTENANCE, SNOWY WEATHER, AND IN
CENTRAL BUSINESS DISTRICT. 845
Subd. 1. During Maintenance 845
Subd. 2. Snowy Weather 845
Subd. 3. Parking Hours in the Central Business District 846
Subd. 4. Snow on Public Right-of-Way 846
Subd. 5. Hardship 846
Subd. 6. Unlawful Act 846
Subd. 7. Towing 846
Subd. 8. Snow Emergency Routes 846
SECTIONS 9.51 - 9.98. Reserved. 847
SEC. 9.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR 847
Subd. 1. Misdemeanor 847
Subd. 2. Petty Misdemeanor 847
SEC. 9.01. PRESUMPTION.
As to any vehicle parking in violation of Chapters 7, 8 and 9 when the driver thereof is not present,
it shall be presumed that the owner parked the same, or that the driver was acting as the agent
of the owner. (Ord. 1, April 1, 1978)
SEC. 9.02. GENERAL PARKING PROHIBITIONS.
It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid
conflict with other traffic or in compliance with the specific directions of a police officer or traffic
control device in any of the following places: (1) on a sidewalk; (2) in front of a public or private
driveway; (3) within an intersection; (4) within ten feet of a fire hydrant; (5) on a crosswalk; (6)
within twenty feet of a crosswalk at any intersection; (7) in a sign-posted fire lane; (8)within thirty
feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the
side of a roadway; (9) within fifty feet of the nearest rail of a railroad crossing except in a parking
lot; (10) within twenty feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within seventy-five feet of said entrance when properly
sign-posted; (11) alongside or opposite any street excavation or obstruction when such stopping,
standing or parking would obstruct traffic; (12) on the roadway side of any vehicle stopped or
parked at the edge or curb of a street; (13) upon any bridge or other elevated structure upon a
street; (14) at any place where official signs prohibit or restrict stopping, parking or both; (15) in
any alley, except for loading or unloading and then only so long as reasonably necessary for such
loading and unloading to or from adjacent premises; or, (16) on any boulevard which has been
curbed. (Ord. 127, August 4, 1983)
SEC. 9.03. UNAUTHORIZED REMOVAL.
It is unlawful for any person to move a vehicle not owned by such person into any prohibited area
or away from a curb such distance as is unlawful. (Ord. 1, April 1, 1978)
SEC. 9.04. HOUSE TRAILER, MOBILE HOME, CAMPING TRAILER AND BUS PARKING.
1993 ed
842
§ 9 . 29
It is unlawful for any person to leave or park a housetrailer, mobile home, camping trailer, bus or
other similar recreational vehicle on or within the limits of any street or right-of-way, except where
signs are erected designating the place as a campsite, for more than twenty-four(24) consecutive
hours. Provided, however, that during such 24-hour period, such vehicle shall not be occupied
as living quarters. (Ord. 1, April 1, 1978)
SEC. 9.05. PARALLEL PARKING.
Except where angle parking is specifically allowed and indicated by curb marking or sign-posting,
or both, each vehicle stopped or parked upon a two-way road where there is an adjacent curb
shall be stopped or parked with the right hand wheels of the vehicle parallel with, and within 12
inches of, the right hand curb, and, where painted markings appear on the curb or the street, such
vehicle shall be within such markings, front and rear, provided that upon a one-way roadway all
vehicles shall be so parked, except that the left hand wheels of the vehicle may be parallel with
and within 12 inches from the left hand curb, but the front of the vehicle in any event and with
respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such
one-way street; and it is unlawful to park in violation of this Section. (Ord. 1, April 1, 1978)
SEC. 9.06. ANGLE PARKING.
Where angle parking has been established by Council resolution, and is allowed, as shown by curb
marking or sign-posting, or both, each vehicle stopped or parked shall be at an angle of
approximately 45 to 60 degrees with the front wheel touching the curb and within any parking lines
painted on the curb or street, provided that the front wheel not touching the curb shall be the
portion of the vehicle furthest in the direction of one-way traffic; and it is unlawful to park in
violation of this Section. (Ord. 1, April 1, 1978)
SEC. 9.07. STREETS WITHOUT CURB.
Upon streets not having a curb each vehicle shall be stopped or parked parallel and to the right
of the paving, improved or main traveled part of the street; and it is unlawful to park in violation
of this Section. (Ord. 1, April 1, 1978)
SEC. 9.08. PARKING HOURS.
Parking on streets shall be limited as follows:
Subd. 1. Over 24 hours. It is unlawful for any person to stop, park or leave standing any vehicle
upon any street for a continuous period in excess of 24 hours. Provided, however, upon showing
of undue hardship in individual cases, the Council may grant modification or exemption from the
above upon notifying the City Engineer, the Street Department and the Police Department.
Subd. 2. Designated Zones. The Chief of Police may, when authorized by action of the Council,
designate certain streets, blocks or portions of streets or blocks as five-minute, ten-minute,
fifteen-minute, thirty-minute, one-hour, two-hour, four-hour, six-hour, eight-hour limited parking
zones and shall mark by appropriate signs any zones so established. Such zones shall be
established whenever necessary for the convenience of the public or to minimize traffic hazards
and preserve a free flow of traffic. (Ord. 1, April 1, 1978; Ord. 107, October 28, 1982)
SECTIONS 9.09 - 9.29. Reserved.
1993 ed.
843
To: The Mayor and City Council Members;
On July 7,2000,I received a warning concerning our motorhome,which was parked
in the street in front of our home on 1187 Madison Street. The citation stated that we had
until July 10th to remove it from the street and to park it in our driveway,which we did
comply with by the specified date.
I Renae Bockert,my husband,David Bockert and my great uncle Peter Panyon reside at
the address stated above.
I have read and understand the warning citing Section 9.04.stating that vehicles cannot
be parked in the street for over a 24-hour period, or a citation will be given.
I am asking you The Mayor and City Council Members to please consider an
exemption or modification that is stated in Section 8-Subdivision 1,pertaining to parking
in the street.
The reason that I am asking for this exemption or modification is that we own 2 cars, a
suburban,a motorhome and a boat,which takes up our entire driveway.
There have been times when on occasion,we have had to park either the motorhome
or boat in the street for periods of time,which may go beyond the 24-hour period.
Because of the situation with the vehicles we own and the fact that my husband has to
be out of town three days a week, it would be less of a hardship for us to be able to park
our cars nearer to our home for health reasons.
The reasons are that I have Multiple Sclerosis,most of the times making even walking a
difficulty along with other symptoms that occur with M.S. Also the fact that my great
uncle is 82 years old and it would be less of a hardship on him.
We have never had the need to park our motorhome or boat in the street for any more
than the specific time period except for when my husband is out of town for his work or
repairs are being done on any of the vehicles listed above.
We keep our motorhome and boat in storage from approximately October 15th to
approximately April 1 1`. During this period,we have no need for this exemption or
modification.
I would like to ask that you the Mayor and City Council Members would consider our
case for a possible exemption at your next meeting,so we will be in compliance with the
laws in the City of Shakopee.
I would like to thank you at this time for taking this matter into consideration.
Sincerely,
Renae Bockert,David Bockert and Peter Panyon
RECEIVED
JUL 1 2 2000
C11Y OF SHAKOPEE
/5 A /
CITY OF SHAKOPEE
Memorandum ,C SE Y
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
RE: Extension Request for Stonebrooke Preliminary Plat
DATE: July 18, 2000
INTRODUCTION& DISCUSSION
The City has received a request from Laurent Builders, Inc. and Fritz&Bonnie Menden
to extend the approval of the Preliminary Plat of Stonebrooke (please see attached
exhibits for site location and correspondence).
Section 12.10, Subd. 3 of the City Code states that"The approval period for a
preliminary plat shall be automatically extended for an additional twelve (12) months
each time the City Council approves a final plat for any portion of the land included in
the preliminary plat".
The final plat of Stonebrooke 4th Addition was approved by the City Council on July 6,
1999. Therefore, the approval of the preliminary plat was automatically extended to July
6, 2000. On June 28 and 29, staff received requests from the Mendens and Laurent
Builders to extend the approval period of the preliminary plat by an additional 12 months.
Section 12.10, Subd. 2 of the City Code states that"upon request by the developer, the
City Council may extend the approval period for a preliminary or final plat, subject to all
applicable performance conditions and requirements. A request for an extension must be
filed on or before the expiration date of the preliminary or final plat."
ALTERNATIVES
1. Extend the approval period for the preliminary plat of Stonebrooke by an
additional 12 months.
2. Extend the approval period for the preliminary plat of Stonebrooke by another
amount of time.
3. Do not extend the approval period for the preliminary plat of Stonebrooke.
4. Table a decision and request additional information from staff and/or the
developer.
STAFF RECOMMENDATION
Staff recommends the extension of the approval period of the preliminary plat for
Stonebrooke by an additional 12 months (Alternative No. 1).
ACTION REQUESTED
Offer a motion to extend the approval period of the preliminary plat for Stonebrooke by
an additional 12 months, and move its adoption.
die;-
ulieKlima
lanner II
g:\cc\2000\cc0718\exppstonebrooke.doc
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Zoning
Parcels
07/12/00
06/28/2000 13:59 6124451304 F B CONSTR CO INC PAGE 01
Arad 441 q -G7',P
ExAlBrr
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BY - -
June 28,2000
Francis and Bonnie Menden
2544 Lakeveiw Dr,
Shakopee,MN 55379
��. . City of Shakopee
to
l;. And/or Planning Department
129 Homes Street South
Shakopee,MN 55379
RE: Time Extension Request for PrelimitfauyP'lat Approval
Stonebrook Subdivision
fi To Whom It May Concern:
I would like to request a time extension,at minimum one year, for the Stonebrooke
subdivision preliminary plat approval. I inndeistisnd if approved,this extension would
allow our outlots(Menden property)to be fin*I platted up until the expiration of any
extension.
c1`•'
;. • Sincerely,
Bonnie J. Menden
h,
1
Emma-
The Laurent Building All61 Corporate Office
100 South Fuller Street, Suite 200 LAURENT (952)
AURENT (952) 445-6745
Shakopee, MN 55379 B U L D E R S,�I N C. Fax: (952)445-9727
June 29, 2000 '/4/4
tya ;/
City of Shakopee
Attn: Julie Klima '
129 S. Holmes Street
Shakopee,MN 55379
Dear Ms. Klima,
We hereby request a one year extension of our preliminary plat of Stonebrooke.
Thank you for your consideration.
Sincerely,
LAURENT BUILDERS, INC.
Gary L. Laurent
President
BUILDERS • DEVELOPERS
B.L.#0001742
/ 5 6.
CITY OF SHAKOPEE
Memorandum
CONSE I''T'
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner II
SUBJECT: Text amendment regarding Fencing
DATE: July 18, 2000
INTRODUCTION
In June 1999, the City Council approved Ordinance No. 550. This ordinance addressed
concerns regarding fencing of double frontage lots. At the time that Ordinance No. 550
was prepared, the portion of the code that addresses fencing in front yards was
inadvertently omitted. As such, as the City Code currently reads, fencing of any height is
not allowed in the front yard setback. Because the provision allowing fencing within the
front yard setback was unintentionally removed from the Code, staff is proposing that the
language be once again included in the City Code.
Ordinance No. 571 has been drafted and provided for your consideration.
ALTERNATIVES
1. Approve Ordinance No. 571 as presented.
2. Approve Ordinance No. 571 with revisions.
3. Do not approve the text amendment.
4. Table the matter to request additional information from staff.
ACTION REQUESTED
Offer Ordinance No. 571 and move its approval.
if di
ulie Klima
'lanner II
g:\cc\2000\cc0718\tafences.doc
ORDINANCE NO. 571,FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA,
AMENDING CHAPTER 4,BUILDING REGULATIONS,REGARDING FENCES
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS:
Section 1 - That City Code Chapter 4, Building Regulations, Section 4.03
Subdivision 1.D.1. is hereby amended by adding the language which is underlined and
deleting the language which is struck4hFough:
Section 4.03, Subd. 1.D.1. "Fences six feet and under shall be permitted anywhere on the
lot except in the front yard setback In the case of a double frontage lot,fences six feet
high and under shall be permitted within the front yard setback on a street frontage from
which access is not obtained
Fences up to three feet in height shall be allowed in the front yard setback
Section 2 - - Effective Date. This ordinance becomes effective from and after its
passage and publication.
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
Published in the Shakopee Valley News on the day of , 2000.
PREPARED BY:
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
Is . A. 3,
CITY OF SHAKOPEE CONSENT
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Beth Thorp,Planner I
SUBJECT: Amendment to City Code Chapter 11,Zoning, Regarding Placement of
Wireless Telecommunication Antennas in the Agricultural Preservation
(AG)Zone
MEETING DATE: July 18, 2000
INTRODUCTION:
The Everest Group, on behalf of Sprint PCS, has requested a text amendment to City Code,
Chapter 11 (Zoning), Sec. 11.22 (Agricultural Preservation Zone), Subd. 4 (Permitted Accessory
Uses) in order to allow wireless telecommunication antennas to be located on utility service
structures.
DISCUSSION:
Section 11.22, Subd. 4, I. currently allows receive only satellite dish antennas and other antenna
devices as a permitted accessory use. Staff and City Attorney Thomson have provided
recommended language for the Councils reference. In the case of the proposed changes,
language which is underlined is proposed new language, while language which is strncl eugh
is proposed to be deleted.
SEC. 11.22 AGRICULTURAL PRESERVATION ZONE(AG)
Subd.4 Permitted Accessory Uses
I. receive only satellite dish antennas , antenna devices, or
communication service devices/apparatus(excluding towers)if located on utility service
structures or public buildings;
At its July 6, 2000, meeting, the Planning Commission reviewed this text amendment. The
Planning Commission unanimously recommended approval of the proposed text amendment to
the City Council. Provided for your reference is a copy of the July 6, 2000 memorandum to the
Planning Commission.
Staff has prepared and attached a draft ordinance of approval for the Council's consideration
ALTERNATIVES:
1. Approve the proposed text amendment allowing the placement of wireless
telecommunication antennas in the Agricultural Preservation Zone.
2. Deny proposed the text amendment allowing the placement of wireless
telecommunication antennas in the Agricultural Preservation Zone.
3. Table the decision and request additional information from the applicant and/or staff.
ACTION REQUESTED:
Offer a motion to approve Ordinance No. 572, an Ordinance Amending City Code by Allowing
Wireless Telecommunication Antennas as a Permitted Accessory Use in the Agricultural
Preservation(AG)Zone.
Beth Thorp
Planner I
g:\cc\2000\cc0718\ta_antennas.doc
ORDINANCE NO. 572,FOURTH SERIES
AN ORDINANCE AMENDING CITY CODE BY ALLOWING WIRELESS
TELECOMMUNICATION ANTENNAS AS A PERMITTED ACCESSORY USE IN THE
AGRICULTURAL PRESERVATION(AG)ZONE
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,
ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, Section 11.22 Subdivision 4.I. is
hereby amended by adding the language which is underlined and deleting the language which is
stick-thfeugh:
I. receive only satellite dish antennas , antenna devices,or
communication service devices/apparatus(excluding towers)if located on utility service
structures or public buildings;
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 , 2000.
Mayor of the City of Shakopee
Attest:
Judith S. Cox, City Clerk
Published in the Shakopee Valley News on the day of , 2000.
PREPARED BY:
City of Shakopee
129 Holmes Street South
Shakopee, MN 55379
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Beth Thorp,Planner I
SUBJECT: Amendment to City Code Chapterl 1,Zoning,Regarding Placement of
Wireless Telecommunication Antennas in the Agricultural Preservation
(AG)Zone.
MEETING DATE: July 6,2000
REVIEW PERIOD: June 9, 2000—August 8, 2000
INTRODUCTION:
The Everest Group, on behalf of Sprint PCS, has submitted an application for a text
amendment to City Code Chapter 11 (Zoning), Sec. 11.22 (Agricultural Preservation(AG)
Zone, Subd. 4(Permitted Accessory Uses)in order to allow wireless telecommunication
antennas to be located on utility service structures. The text amendment would allow such
devices as a permitted accessory use in the Agricultural Preservation(AG)Zone. Please see
Exhibit A for applicant's letter of intention.
DISCUSSION:
Section 11.22, Subd. 4, I. currently allows receive only satellite dish antennas and other
antenna devices as a permitted accessory use(Please see Exhibit B). Staff has worked with
City Attorney Thomson and together have provided recommended language for the Planning
Commission to review. In the case of the proposed changes, language which is underlined is
proposed new language, while language which is stmelEthreugh is proposed to be deleted.
SEC. 11.22 AGRICULTURAL PRESERVATION ZONE (AG)
Subd.4 Permitted Accessory Uses
I. receive only satellite dish antennas antenna devices. or
communication service devices/a•.aratus excludin l t•wers if l e cated •n utili
service structures or public buildings;
Staff has not received any comments from Shakopee Public Utilities Commission(SPUC)
regarding this text amendment. However,because such devices have been colocated on utility
service structures in the past, staff does not foresee any negative comments form SPUC.
City Code states that the City Council may grant a zoning ordinance amendment when it finds
that one or more of the following criteria exists. Staff has prepared draft findings for the
Board's reference:
Criteria#1 That the original zoning ordinance is in error,
Fining#1 The original zoning ordinance is not in error.
Criteria#2 That significant changes in community goals and policies have taken place;
Finding#2 Significant changes in community goals and policies have not taken place.
However, the City of Shakopee does encourage colocation for communication
towers and apparatus/devices. Because the Agricultural Preservation
portions of urban Shakopee were not included in Ordinance No. 497(an
ordinance establishing regulations for communication towers and
apparcrtus/devices), areas such as cemeteries and water towers were not
considered for such colocation. It would be desirable to allow such
colocations.
Criteria#3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding#3 Significant changes in development patterns have occurred in that
telecommunication providers are now looking for colocation opportunities
that will complete their networks, as well as reduce the need for new towers.
Criteria#4 That the Comprehensive Plan requires a different provision.
Finding#4 The Comprehensive Plan does not require a different provision.
ALTERNATIVES:
1. Recommend approval of the proposed text amendment as presented with findings as
presented.
2. Recommend approval of the proposed text amendment with revised findings.
3. Recommend denial of the proposed text amendment.
4. Table the text amendment for additional information.
ACTION REQUESTED:
Make a recommendation to City Council regarding the proposed text amendment.
eth Thorp
Planner I
g\boaa-P62000\kiloabd aatennasAce
•
THE EVEREST GROUP
7900 HIGHWAY 7,SUITE 125
Sr.LOUIS PARK,MN 55426
FAx (952)253-6370
DAVID HUIHUI (651)334-4044
JAREN JOHNSON (612)578-6347
WENDY METCHNEK (612)396-9312
June 9, 2000
Julie Klima
Michael Leek
Community Development Department
City of Shakopee
129 South Holmes Street
N. Shakopee, MN 55379
Re: Sprint PCS Application for Zoning Text Amendment
Dear Ms. Klima:
We represent Sprint PCS in their endeavor to provide wireless telecommunication services to
their customers in the Twin Cities metro area. As we have discussed on several occasions, we
are submitting an application on Sprint's behalf for a text amendment to the City of Shakopee's
Zoning Code. Enclosed are several alternative proposed text amendments. We are requesting
that the City amend its Zoning Ordinance to allow for the placement of wireless
telecommunication antennas as permitted accessory uses to water towers in Agricultural
Preservation zoning districts (AG). Specifically, our request relates to AG districts that are not
currently being used for agricultural purposes. Michael Leek indicated that all cemeteries were
zoned AG. for reasons not relevant to our request. The Shakopee Zoning Code specifically
added wireless telecommunication antennas as permitted accessory uses in most zoning districts
(Ordinance 479) and clearly prefers co-location of the antennas on existing C structures to the
erection of new towers. The parcei containing the City's water Ranh. Located aL 3 W. 10th
is adjacent to a cemetery, and as a result, both are zoned AG districts. As you know, Sprint
wishes to install wireless telecommunication antennas on this water tower. Due to the property's
AG zoning classification, despite the fact that it is not used for agricultural purposes, Sprint is
not currently allowed to install such antennas as a permitted accessory use.
As you will see, we have provided alternative provisions for the text amendment, all of which
would accomplish the desired result. Our requested text amendment meets the criteria set forth
in section 11.83 of the City's Code, specifically letter (D), in that the comprehensive plan
requires an additional provision. Water towers are generally preferred locations for such
antennas, and the City of Shakopee shares this preference. The Code was amended by
Ordinance No. 479, establishing regulations for communication towers and apparatus/devices,
demonstrating the City's intent to allow their installation as permitted accessory uses, and
therefore, Sprint's requested amendment is consistent with the comprehensive plan. Apparently
the AG district was omitted from the amendment designating communication service
device(s)/apparatus as permitted accessory uses out of a concern that wireless communication
antennas be placed on every silo in the AG districts. Therefore, the comprehensive plan requires
a provision that distinguishes either AG districts that are used for agricultural purposes from
those that are not, or water towers and similar utility service structures from agricultural
structures, such as silos. We therefore request that the City's Zoning Code be amended
accordingly.
Please feel free to contact me if you have any questions or require additional information. Thank
you in advance for your consideration.
Very truly yours,
Wendy Metc ek
Zoning Specialist
joi4,
§11.22
SEC.11.22. AGRICULTURAL PRESERVATION ZONE(AG).
Subd. 1. Puroose, 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;
1. 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 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;
b. more than 25% of the space occupied by the furniture or
equipment used by participants or staff;or
p•g•wised in 1996
1111
§11.22
c. in a multifunctional organization, any space occupied by persons
associated with the multifunctional organization while participants
are using common space;and
5. comply with all other state licensing requirements. (Ord. 482, May 15,
1997)
J. group family day care facilities serving fourteen(14)or fewer children;or
K. residential facilities serving six(6)or fewer persons.
Subd.3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be
used for the following uses except by conditional use permit:
A. 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;
B. (Deleted, Ord. 501, September 18, 1997)
C. retail sales of nursery and garden supplies;
D. cemeteries;
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 term 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 grace 12, or any portion
thereof;
J. commercial recreation, minor,
K. utility service structures;
L. day care facilities serving thirteen(13)through sixteen(16)persons;
M. adult day care centers as conditional use, subject to the following conditions: The
adult day care centers shall:
1. serve thirteen (13)or more persons;
pegs revised in 1997
1112
§11.22
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
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;
5. provide proof of state, federal and other governmental licensing agency
approval;and
6. comply with all other state licensing requirements; (Ord. 482, May 15, 1997)
N. residential facilities serving from seven(7) through sixteen (16) persons;
0. wind energy conversion systems or windmills;
P. relocated structures;
0. structures over two and one-half (2-1/2)stories or thirty-five(35)feet in height;
R. developments containing more than one(1)principal structure per lot;or
S. other uses simiiar 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)
Subd.4. Permitted'Accessory Uses. Within the agricultural preservation zone the following uses
shall be permitted accessory uses:
A. machinery and structures necessary to the conduct of agricultural operations;
B. garages;
page revised in 1998
1113
1§11.22
C. fences;
D. recreational equipment;
E. stables;
F. swimming pools;
G. solar equipment;
H. tennis courts;
receive only satellite dish antennas and other antenna devices;
J. home occupations contingent upon approval of a home occupation permit; or (Ord.
501, September 18, 1997)
K. other accessory uses, as determined by the Zoning Administrator.
Subd. 5. 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 dwelling per forty(40) acres.
B. Lot specifications:
Minimum lot width: 1000 feet.
Minimum lot depth: 1000 feet.
Minimum front yard setback: 100 feet.
Minimum side yard setback: 20 feet.
Minimum rear yard setback: 40 feet.
C. Maximum height: Thirty-five (35) feet. Grain elevators, barns, silos, and elevator
lags may exceed this limitation without a conditional use permit.
Subd.6. Additional Requirements.
ia. Ail dwellings shall have a depth of at least twenty (20) feet for ai 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. 264, May 26, 1989; Ord.
279, December 1, 1989; Ord. 304, November 7, 1991; Ord,377, July 7, 1994; Ord.
435, November 30, 1995)
SEC.11.23. Reserved.
page rsoissd in 1997
1114
15 1
CITY OF SHAKOPEE
Memorandum COED'T
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: C.R. 17 Pedestrian Traffic Control Signal Project
DATE: July 18, 2000
INTRODUCTION:
This agenda item is for the City Council to consider entering into a cooperative
agreement with Scott County for the construction of a pedestrian traffic control signal on
C.R. 17 by the Shakopee Junior High School, and to enter into a reimbursement
agreement for costs associated with this project with I.S.D. #720.
BACKGROUND:
Previously, at the City Council meeting on April 18, 2000, City Council approved a
motion to participate in a pedestrian traffic control signal with Scott County on C.R. 17.
The plans have been completed by Scott County and bids have been opened. Attached to
this memo is a Scott County Cooperative Agreement for this project between the County
and the City for cost participation. It is proposed with this project that the cost be split at
a 50/50 rate with the City paying for 100% of the EVP system. It is also being proposed
that the City would pay the County, as per the cost participation agreement, and then
enter into a separate reimbursement agreement with I.S.D. #720 for this traffic control
signal.
The attached cooperative agreement with the County has a cost participation summary
based on estimate costs. Actual costs will be used for final payment. Per the cost split
summary, the County's share is $45,355.00 and the City's share is $57,649.00 of the
estimated construction and engineering costs of $94,210.00. The School District will
reimburse the City for 50% of the City's cost of the pedestrian traffic control signal
project.
Attached is a reimbursement agreement, as prepared by the City Attorney, in which the
School District has verbally agreed to execute.
ALTERNATIVES:
1. Authorize the appropriate City officials to enter into a cooperative agreement with
Scott County for the pedestrian traffic control signal on C.R. 17 by the Shakopee
Junior High School.
2. Do not approve the cooperative agreement with Scott County.
3. Authorize the appropriate City officials to enter into an agreement with I.S.D.
#720 for reimbursement of costs to the City by the School District.
4. Do not enter into a reimbursement agreement with I.S.D. #720.
5. Table for additional information.
RECOMMENDATION:
This was a previous City Council directive to participate in a pedestrian traffic control
signal. In order to accomplish this, the City Council needs to enter into these two
agreements to pay for the pedestrian traffic control signal and obtain reimbursement from
the School District.
ACTION REQUESTED:
1. Authorize the appropriate City officials to enter into a cooperative agreement with
Scott County for the pedestrian traffic control signal on C.R. 17 by the Shakopee
Junior High School.
2. Authorize the appropriate City officials to enter into an agreement with I.S.D.
#720 for reimbursement of costs to the City by the School District.
1,0
:ruce Loney
Public Works Director
BL/pmp
SIGNAL
State Aid Project No. 70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION
AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM
AND INTEGRAL STREET LIGHT
THIS AGREEMENT,Made and entered into this day of , 19 , by and between the
County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to
as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, It is considered mutually desirable to install a pedestrian actuated traffic control signal system
with mast arms and integral street lights on County State Aid Highway (CSAH) 17 between Prairie Lane and
11`h Avenue (mid-block) within the City, which includes the revision of the existing flashers along CSAH 17;
and
WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of
said signal system and integral street lights; and
WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec.
162.17.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I
The County shall prepare the necessary plans, specifications, and proposals; shall perform the required
engineering and inspection; and shall install, or cause the installation of a pedestrian actuated traffic control
signal system with mast arms and integral street lights on CSAH 17. mid-block between 11`h Avenue and Prairie
Lane. Such installation, as described immediately above, shall be identified and accomplished under County
Project No. SAP 70-617-018, hereinafter referred to as the "project", all in accordance with said project plans
and specifications,which plans and specifications are by this reference made a part hereof.
II
The term specifications as used herein shall mean the 1995 Edition of the Minnesota Department of
Transportation "Standard Specifications for Construction" and the project special provisions.
1
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
III
The City agrees that any City license required to perform electrical work within the City shall be issued to
the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not
more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection
Fee Schedule .
IV
The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase,
alternating current electrical power connection to the controller cabinet of the project at the sole cost and
expense of the City.
The City shall provide the electrical energy for the operation of the traffic control signal system and integral
street lights to be installed under the project, all at the sole cost and expense of the City.
V
The County shall advertise for bids for the construction of this project, receive and open bids pursuant to
said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of
such bidder, according to law in such case provided for counties. The contract includes the plans and
specifications prepared by the County or its agents, which said plans and specifications are by reference made a
part hereof.
VI
The construction cost of the project shall be the contract cost (including existing flasher revision) plus the
cost of equipment purchased by the County necessary to make the signal system operational. It is understood
that the estimated construction cost stated hereinafter is for informational purposes only. The estimated
construction cost of this project is $94,000.
VII
The City shall, as its share of the construction costs, pay the County fifty percent (50%) of the actual
construction cost of the traffic control signal system with integral street lights. In addition to the contract
construction costs, the County and the City further agree to participate in the preliminary engineering costs,
which include all costs of planning, design and preparation of plans and specifications, in an amount of ten
percent (10%) of the cost of construction. The County and City further agree to participate in the construction
engineering costs, which include the complete staking, inspection and supervision of the construction, in an
amount of eight percent(8%) of the final contract amount.
2
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
VIII
The County shall include Emergency Vehicle Pre-emption(EVP) System construction with the project.
IX
The EVP construction cost shall be the contract cost. It is understood that the estimated construction cost
stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is $3500. The
City shall, as its share of the EVP construction costs, pay one hundred percent (100%) of the actual EVP
construction cost.
X
The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or
timing of the aforesaid traffic control signal system or EVP System. However, nothing herein shall be
construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of
such traffic control signal system may be directly involved in an emergency.
XI
Upon completion of the work, the County shall maintain and repair said traffic control signal system,
including the City-owned advance warning flashers to be revised as part of this project, at the sole cost and
expense of the County. Further, the County shall maintain and repair the components of the EVP System and
any repairs required shall be at the sole cost and expense of the City. Further, the County shall maintain the
integral street lights except for the City maintaining photoelectrical controls, relamping, and glassware.
The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in
accordance with the following conditions and requirements:
(1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in
Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County
Engineer or his duly appointed representative a list of all such vehicles with emitter units.
(2) Malfunctions of the EVP Systems shall be reported to the County immediately.
3
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
(3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the
conditions set forth herein are violated, and such misuse or violation continues after receipt by the City
of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of
the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared
detector heads and indicator lamps and all other components shall become the property of the County.
(4) All timing of said EVP Systems shall be determined by the County.
XII
This project shall include the initial pedestrian striping for the intersection. The City shall be responsible for
all subsequent roadway pedestrian striping required after the initial work and shall be responsible for 100% of
the subsequent related costs.
XIII
The construction of this project shall be under the supervision and direction of the County. However, the
City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but
shall have no responsibility for the supervision of the work.
XIV
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or
character arising out of, allegedly arising out of or by reason of the performance, negligent performance or
nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City,
or arising out of the negligence of any contractor under any contract let by the City for the performance of said
work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless
from all claims, demands, actions or causes of action arising out of negligent performance by the City, its
officers, agents or employees.
4
4
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
XV
It is further agreed that neither the City, its officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of
action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent
performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement
work by the County, or arising out of the negligence of any contractor under any contract let by the County for
the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and
employees harmless from all claims, demands, actions or causes of action arising out of negligent performance
by the County, its officers, agents or employees.
XVI
It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any
other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising
out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of
any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost
and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever
character arising in connection with or by virtue of performance of its own work as provided herein.
XVII
It is further agreed that any and all employees of the City and all other persons engaged by the City in the
performance of any work or services required or provided herein to be performed by the City shall not be
considered employees, agents or independent contractors of the County, and that any and all claims that may or
might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said City employees while so engaged any and all claims made by any third parties as a
consequence of any act or omission on the part of said City employees while so engaged in any of the work or
services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the
obligation or responsibility of the County.
Any and all employees of the County and all other persons engaged by the County in the performance of
any work or services required or provided for herein to be performed by the County shall not be considered
employees, agents or independent contractors of the City, and that any and all claims that may or might arise
under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on
behalf of said County employees while so engaged and any and all claims made by any third parties as a
5
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
consequence of any act or omission on the part of said County employees while so engaged in any of the work
or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be
the obligation or responsibility of the City.
XIII
The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and
discrimination and the affirmative action policy statement of Scott County shall be considered a part of this
agreement as though fully set forth herein.
6
State Aid Project No.70-617-018
CSAH 17 @ Shakopee Junior High
City of Shakopee
County of Scott
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF SHAKOPEE
(SEAL)
By And
Jon Brekke,Mayor Mark McNeill, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST :
By By
David Unmacht, County Administrator Dallas Bohnsack, Chairman of Its County Board
Date Date
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By By
Thomas Harbinson, County Attorney Bradley Larson, County Highway Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Thomas Harbinson, County Attorney
Date
if-w:\word\project\617-18\signal coop.doc
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LA U
REIMBURSEMENT AGREEMENT
This agreement is made as of July ,2000,by and between the CITY OF SHAKOPEE
("City"), and INDEPENDENT SCHOOL DISTRICT 720("District").
RECITALS
A. The City and the District desire to cooperate in the construction of a pedestrian
traffic control signal("Signal")on County Road 17 adjacent to the Shakopee Junior High School.
B. The Signal will be constructed pursuant to a cooperative agreement between the City
and Scott County.
C. The City and the District desire to enter into an agreement by which the District
agrees to reimburse the City for 50%of the City's costs in constructing the Signal.
AGREEMENT
In consideration of the mutual covenants herein,the City and the District agree as follows:
1. RECITALS. The recitals are true and correct and incorporated by reference into this
agreement.
2. CONSTRUCTION. In cooperation with Scott County, the City agrees to construct and pay
for its share of the Signal.
3. REIMBURSEMENT.
(a) The District shall reimburse the City 50% of the City's cost in constructing the
Signal. For purposes of this agreement, the term "City's Cost" means all costs that the City is
obligated to pay for the construction of the Signal pursuant to the cooperation agreement between
the City and Scott County.
(b) The reimbursement amount shall be payable to the City within 30 days after notice
to the District that construction of the Signal has been completed, accompanied by invoices or other
documentation verifying the costs incurred by the City to construct the Signal.
4. MISCELLANEOUS.
(a) This agreement shall bind the parties and their respective heirs, successors and
assigns.
(b) This agreement shall be governed by the laws of Minnesota.
LIT-183104v1
SH155-76
(c) The invalidity or unenforceability of any provision on this agreement shall not in
any way affect the validity of enforceability of any other provision, and this agreement shall be
construed in all respects as if such invalid or unenforceable provision had never been in the
agreement.
(d) Any controversy or claim arising out of or related to this agreement or the breach
thereof shall be resolved by binding arbitration under the Minnesota Uniform Arbitration Act. The
arbitration award may be enforced in any court having jurisdiction thereon.
(e) This agreement constitutes the entire contract between the parties concerning the
construction, maintenance and operation of the Parking Lot, and unless otherwise provided in this
agreement, any other agreements or understandings, oral or written, or any nature with respect to
such matters are hereby superseded and revoked.
(fl This agreement shall not be modified or amended except by a writing signed by each
party.
CITY OF SHAKOPEE INDEPENDENT SCHOOL DISTRICT NO.
720
By: By:
Its Mayor Its
AND AND
Its City Administrator Its
AND
Its City Clerk
JJT-183104v1
SH155-76
AT: C. /4
City of Shakopee
Memorandum CONSENT]
To: Honorable Mayor, City Council
Mark McNeil, City Administrator
From: Angela Trutnau, City of Shakopee Peace Officer
Date: July 10, 2000
Subject: Safe and Sober Grant
INTRODUCTION
The Police Department is seeking approval to participate with the Minnesota Department
of Public Safety in a Safe and Sober Grant.
BACKGROUND
The Safe and Sober project is a federally funded program administered by the Minnesota
Department of Public Safety(DPS) dedicated to addressing issues of traffic safety
through highly publicized overtime enforcement projects. Research has shown the top
two safety priorities are the reduction of impaired driving and the increase of safety belt
and child safety seat use. The research has shown enforcement efforts do not have a
lasting effect on drivers' behavior if the majority of the public is not aware of them.
Combining increased enforcement activity with public awareness efforts has been found
to result in long-lasting improvement on driver behavior.
The Safe and Sober Project had increased the number of enforcement waves from four to
seven for the 2000 Project. The scheduled enforcement waves focus around
Thanksgiving, Valentine's Day, Spring proms and graduations, Independence Day, and
Labor Day. The 2000 Project has also added a focus on aggressive driving during several
of the shorter waves. If the grant application is accepted and awarded,we would begin
media releases and enforcement activities in the Fall of 2000 and conclude the project in
the Fall of 2001. The grant requests $29,185 in funds to be used to pay officers overtime
to participate in the seven enforcement waves.
The key objectives of the project are to reduce impaired driving, speeding and traffic
accidents while increasing seat belt usage in our community. Some key secondary
objectives include reducing alcohol usage by minors and a reduction in traffic related
complaints. The project should have a significant impact on the key and secondary
objectives, which will mean a safe community for our citizens and visitors.
BUDGET IMPACT
The grant has no impact on the existing budget. The grant does not require matching
funds from the City. There will be some administrative duties associated with the grant
which have been included in the application as our contribution to the overall value of the
grant.
ACTION REQUESTED
If Council concurs, they should,move the passage of the attached resolution which
authorizes the appropriate City staff to enter into the grant agreement with the Minnesota
Department of Public Safety, Office of Traffic safety for the project entitled Safe and
Sober Communities during the period from October 1, 2000 to September 30, 2001 for
the amount of$29,185 or a lesser amount if awarded by the Department of Public Safety,
Office of Traffic Safety. (Note: The resolution form and language is strongly
recommended by the grant guidelines to ensure acceptability and quicker processing of
awarded grants by the DPS.)
Officer Angela Trutnau
Shakopee Police Department
Resolution #5388
A RESOLUTION OF THE SHAKOPEE CITY COUNCIL
AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE
PROJECT ENTITLED SAFE AND SOBER
Be it resolved that the Shakopee Police Department enter into a grant agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
Safe and Sober Communities during the period from October 1, 2000 through
September 30, 2001.
The City Administrator of the Shakopee Police Department is hereby authorized to
execute such agreements and amendments as are necessary to implement the project on
behalf of the Shakopee Police Department and to be the fiscal agent and administer the
grant.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held
this 18th day of July, 2000.
Signed Witness
Mayor of the City of Shakopee City Clerk
Title Title
July 18, 2000 July 18,2000
Date Date
IS. C. i .
Resolution#5388
c. ON eA l`—
A RESOLUTION OF THE SHAKOPEE CITY COUNCIL
AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE
PROJECT ENTITLED SAFE AND SOBER
Be it resolved that the Shakopee Police Department enter into a grant agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled
Safe and Sober Communities during the period from October 1, 2000 through
September 30, 2001.
1/4
The City Administrator, on behalf of the Shakopee Police Department, is hereby
authorized to execute such agreements and amendments as are necessary to implement
the project on behalf of the Shakopee Police Department and to be the fiscal agent and
administer the grant.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held
this 18th day of July, 2000.
Signed Witness
Mayor of the City of Shakopee City Clerk
Title Title
July 18, 2000 July 18, 2000
Date Date
CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark J. McQuillan,Natural Resources Director
Subject: Award Hiawatha Park Shelter Project Resolution No. 5389
Date: July 13, 2000
INTRODUCTION
At its June 20, 2000 City Council Meeting, Council authorized staff to solicit bids for the
construction of a park shelter building at Hiawatha Park. The architect estimated the costs to
range from$90,000 to $120,000. A bid alternate was included for a veranda(canopy) similar to
the one at Holmes Park. The base bid included the main building. A total of 6 bids were received
and opened on July 13, 2000. The budget for this project was established at$150,000 in the Park
Reserve Fund. Since the low bid is well under the estimated cost for the project, staff
recommends including the bid alternate(veranda)with the project.
BACKGROUND
The bids were submitted as follows:
Bidders Base Bid Alternate Total
Cornerstone Construction $108,000 -$5,546 $102,454
CM Construction $159,600 -$6,000 $153,600
Hunerberg Construction $150,500 -$5,000 $145,500
J.S. Cates Construction $153,000 -$4,000 $149,000
Maertens Brenny Const. $118,040 -$7,956 $110,084
Menke Wood Products $74,500 -$6,700 $67,800
RECOMMENDATION
Alternative#1. Staff has reviewed the bids and recommends awarding the project to the low
bidder Menke Wood Products.
Staff also suggests adding$3,000 for some badly needed play equipment to replace the forty-
year old swing sets and missing play structures. This request should be approved as a separate
motion.
ALTERNATIVES
1. Move to award the Hiawatha Park Shelter Project to Menke Wood Products and adopt
Resolution No. 5389.
2. Move to award the Hiawatha Park Shelter Project to one of the other bidders and amend
Resolution No. 5389 with the appropriate bidder.
3. Reject all bids and re-bid the project.
ACTION REQUESTED
Offer Resolution No. 5389, a Resolution Accepting bids on the Hiawatha Park Shelter Project and
awarding the project to the lowest bidder Menke Wood Products, and move its adoption. Move to
allocate$3,000 from Park Reserve Funds to replace the old swing set and missing play quipment.
Mark J. McQuillan
Natural Resources Director
RESOLUTION NO. 5389
A Resolution Accepting Bids on the Hiawatha Park Shelter Project
WHEREAS, pursuant to an advertisement for bids for the Hiawatha Park Shelter Project,
bids were received, opened and tabulated to law, and the following bids were received
complying with the advertisement:
Bidders Base Bid Alternate Total
Cornerstone Construction $108,000 $5,546 $102,454
CM Construction $159,600 $6,000 $153,600
Hunerberg Construction $150,500 $5,000 $145,500
J.S. Cates Constuction $153,000 $4,000 $149,000
Maertens Brenny Const. $118,040 $7,956 $110,084
Menke Wood Products $74,500 $6,700 $67,800
AND, WHEREAS, it appears that Menke Wood Products, 920 Rosewood Circle,
Shakopee, Minnesota 55379 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with Menke Wood Products in the name of the City of Shakopee for the
2000 Hiawatha Park Shelter Project according to plans and specifications therefore
approved by the City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the
next lowest bidder shall be retained until a contract has been signed.
Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota, held the 20th day of July, 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
is. D . � .
wW 4 C7e c
RESOLUTION NO. 5389
A Resolution Accepting Bids on the Hiawatha Park Shelter Project
WHEREAS,pursuant to an advertisement for bids for the Hiawatha Park Shelter Project,
bids were received, opened and tabulated to law, and the following bids were received
complying with the advertisement:
Bidders Base Bid Alternate Total
Cornerstone Construction $108,000 $5,546 $102,454
CM Construction $159,600 $6,000 $153,600
Hunerberg Construction $150,500 $5,000 $145,500
J.S. Cates Constuction $153,000 $4,000 $149,000
Maertens Brenny Const. $118,040 $7,956 $110,084
Menke Wood Products $74,500 $6,700 $67,800
AND,WHEREAS, it appears that Menke Wood Products, 920 Rosewood Circle,
Shakopee, Minnesota 55379 is the lowest responsible bidder.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with Menke Wood Products in the name of the City of Shakopee for the
2000 Hiawatha Park Shelter Project for the base bid amount of$74,500.00 according
to plans and specifications therefore approved by the City Council and on file in the
office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids,except that the deposits of the successful bidder and the
next lowest bidder shall be retained until a contract has been signed.
Adopted in adjourned regular session of the City Council of the City of Shakopee,
Minnesota, held the 20th day of July, 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
/ST 0. 2•
CITY OF SHAKOPEE
MEMORANDUM
CONSENT
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig, Facilities and Recreation Director
Subject: Replacement of Ice Arena Compressor
Date: July 12, 2000
INTRODUCTION
Compressor Al in the ice arena system failed on Sunday, July 9. City Council is asked
to affirm the replacement of Compressor Al, which staff ordered on July 11.
BACKGROUND
A second compressor in the arena system failed on July 9th. Council recently approved
replacement of compressor B1 (see attached memo).
Rink Tech International has agreed to provide installation of a second compressor at the
rate quoted for the prior replacement ($5,381.92).
BUDGET IMPACT
This is an unbudgeted expenditure that will be funded from the Recreation Fund.
ALTERNATIVES
1. Direct staff to authorize Rink Tech International to replace the compressor.
2. Direct staff to authorize another contractor to replace the compressor.
ACTION REQUESTED
Move to affirm the replacement of compressor Al at a cost of$5,381.92 by Rink Tech
International.
Mark Themig r
Facilities and Recreation Director
CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
Mark McNeill, City Administrator
From: Mark Themig, Facilities and Recreation Director
Subject: Replacement of Ice Arena Compressor
Date: June 26, 2000
INTRODUCTION
Compressor Bi in the ice arena system recently failed and will require replacement. City
Council is asked to approve replacement.
BACKGROUND
On Tuesday, June 13, compressor B1 in the four-compressor system failed. Rink-Tech
International, the company that provides the majority of support for the Community
Center's arena system, evaluated the compressor and determined that an internal
mechanical failure had occurred. Associated Mechanical Contractors, Inc. provided a
second evaluation.
The failure appears to be the result of two interrelated conditions:
• The four-compressor refrigeration system has run year-round over the past five
years, except for brief periods when the ice was removed for maintenance. The
system is designed to cycle run time evenly between the four compressors. This has
resulted in over 17,000 hours of accumulated running time to be logged on each
compressor, a significant number of hours for five-year-old compressors.
• Calcium buildup from the City's water affected the cooling tower over the first few
years of operation. The calcium reduced the cooling tower's efficiency, which caused
the refrigeration system to work harder and run hotter than normal. A water
conditioning system that was installed in 1997 has reduced the calcium problem.
The warranty period for the compressors was one year from the date of start-up
(December 1, 1995).
Three quotations have been received for labor and materials associated with replacing
the compressor:
1. Rink Tech International: $5,381.92
2. Arena Systems: $5,865.00
3. Associated Mechanical Contractors, Inc.: $6,350.00
BUDGET IMPACT
This is an unbudgeted expenditure that will be funded from the Recreation Fund. Future
operating budgets should include allowances for these types of expenditures.
ALTERNATIVES
1. Direct staff to authorize Rink Tech International to replace the compressor.
2. Direct staff to authorize another contractor to replace the compressor.
ACTION REQUESTED
Move to direct staff to authorize Rink Tech International to replace compressor B1 at a
cost of$5,381.92.
tk_v\A.,
Mark Themig
Facilities and Recreation Director
CoNSQl\r-r-
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Hiring of Receptionist (s)
DATE: July 13, 2000
INTRODUCTION:
The City Council is asked to consider the hiring of Kristin Romeo
and Kelly Schmitt to fill the receptionist position.
BACKGROUND:
A vacancy was created when Terry McDonald resigned from the
receptionist position effective June 2, 2000, to take another
position. Following the resignation, City Council approved
filling the vacant position.
The position was re-evaluated at that time and staff decided to
try and fill the position with two part-time employees, job
sharing, as opposed to one full-time employee. This was decided
for two reasons : 1) because of the low employment rate that the
state is experiencing and 2) because of the opportunity the City
will have to utilize an experienced employee when additional help
is needed due to vacations and illness. The City can then utilize
one of our three part-time employees to fill in when additional
help is needed:
Staff utilized the Scott County Human Services Department for the
selection process which provided a certification list of six
candidates. Several candidates were interviewed by the City
Clerk, Payroll Benefits Coordinator and Management Assistant . The
interview panel unanimously recommends hiring Kristin Romeo and
Kelly Schmitt. Both are excellent candidates and wish to work
part-time only. It is proposed that one will work mornings Monday
through Friday and one will work afternoons Monday through Friday.
RECOMMENDATION:
The interview panel recommends the hiring of Kelly Schmitt and
Kristin Romeo as part-time receptionist (s) contingent upon
successful completion of a pre-employment physical, background
check and credit history. Both candidates have agreed to the
starting wage of $10.8281 per hour, (Step I, Grade AA) however,
because each have 10 or more years of previous experience, it is
also recommended that they be moved to step 2, upon successful
completion of the customary 6-month probationary period.
RECOMMENDED ACTION:
Authorize the hiring of Kelly Schmitt and Kristin Romeo as
Receptionist at Step 1, Grade AA of the 2000 Pay Plan, effective
July 24, 2000, contingent upon successful pre-employment physical
and background and credit checks. Ms. Romeo and Schmitt will
move to Step 2 upon successful completion of the 6-month
probationary period.
H:\judy\receptionist3
CITY OF SHAKOPEE
Memorandum CONSE3':'
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Extension of Probation
DATE: June 30, 2000
Introduction
Authorization is sought to extend the probationary period of Assistant
Finance Director Jason Bullard.
Background
Mr. Bullard was hired as a probationary employee in January 2000. His
probationary period was scheduled to end July 31, 2000.
Recommendation
Extend the probationary period of Jason Bullard six months.
Action Requested
If Council concurs, it should by motion, extend the probation of Jason
Bullard to January 31, 2001.
U / /
G egg •xlan.
Financ- Director
C:\gregg\memo\
15. E „J
CITY OF SHAKOPEE
Memorandum r
TO: Mayor& City Council
CI NSENT,
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorization-Hiring of Engineering Position
DATE: July 5, 2000
INTRODUCTION:
Attached to this memo is a revised job description for an Engineering Technician II
position for employment in the Engineering Division in the Public Works Department.
Staff would like to have Council approve this job description and authorize staff to begin
advertising and hire an Engineering Tech. II.
Also, included in this agenda item, is the promotion of Layne Otteson from Engineering
Technician II to Engineering Technician III.
BACKGROUND:
In the 2000 City Budget, City Council approved an Engineering Tech. II position, which
was previously held by Tom Voll. Mr. Voll left in March of 2000 and staff did attempt to
fill this position but was unsuccessful in obtaining a candidate. Staff believes more
candidates would be available and a successful candidate could be found to assist the
Engineering Department for an Engineering Tech. II position, with a revised job
description that is entry level.
Attached to this memo is a revised job description for an Engineering Technician II
position and the pay range has been changed to Grade "D” to reflect the benchmark value
points. Also attached is Resolution No. 5390, to amend the City's Pay Plan for this
position.
Included in this memo, is to reclassify Layne Otteson from Engineering Technician II to
Engineering Technician III. With the revised job description of Engineering Technician
II as an entry level position and Mr. Otteson's experience, it is recommended to promote
Layne Otteson to Engineering Technician III. The action is being requested at the
recommendation of the Public Works Director, to recognize Layne's job responsibilities
of the past year.
Note that a promotion is covered in Section VIII.C. of the City's Personnel Handbook. In
that,
"A department head may ask the City Council to allow the promotion of an
employee from the employee's current position to a similar, more responsible
position in the same or a related department. If the employee's experience and
the needs of the City warrant the promotion, the City Council may abolish the
current position, establish the more responsible position, and promote the
employee into the more responsible position without following the procedures for
filling vacant positions."
Staff would not abolish the current position as this position is still needed.
BUDGET IMPACT:
The promotion of Layne Otteson will impact the budget approximately $1,000.00.
However, two vacancies in the Engineering Department this year has provided additional
funds in the budget.
ALTERNATIVES:
1. Make a motion approving the job description for an Engineering Tech. II position.
2. Make a motion authorizing staff to advertise and hire an Engineering Tech. II
position, as per the City's Personnel Handbook, Section VIII.
3. Do not authorize staff to advertise and hire for the Engineering Technician II
position, however, utilize a consultant to provide engineering technician services.
4. Table for additional information.
5. Offer Resolution No. 5390, a resolution amending Resolution No. 5278, which
adopted the 2000 Pay Schedule for the Officers and Non-Union Employees of the
City of Shakopee and move its adoption.
6. Approve a motion authorizing the promotion of Layne Otteson to Engineering
Technician III, Step 1, Grade G effective July 17, 2000.
RECOMMENDATION:
Staff recommends Alternative No.'s 1, 2, 5 and 6 and to approve the Engineering Tech. II
job description revision, authorize the hiring of the Engineering Technician II, amend the
Pay Schedule and promote Layne Otteson to Engineering Technician III at Step 1, Grade
G.
ACTION REQUESTED:
1. Make a motion approving the job description for an Engineering Technician II
position.
2. Make a motion authorizing staff to advertise and hire for an Engineering
Technician II position,per the Personnel Handbook.
3. Offer Resolution 5390, A Resolution Amending Resolution No. 5278, which
Adopted the 2000 Pay Schedule for the Officers and Non-Union Employees of the
City of Shakopee and move its adoption.
4. Make a motion to authorize the promotion of Layne Otteson to Engineering
Technician III, Step 1, Grade G on the 2000 Pay Schedule effective July 17, 2000.
BAA.„4,„,„...7),-
Bruce Loney
Public Works Director
BL/pmp
TECHII
Job Description
Job Title: TECHNICIAN II
Department: Engineering
Location: City Hall
Reports To: Public Works Director/City Engineer
FLSA Status: Nonexempt
Prepared By: MMR
Approved by:
Prepared Date: 7/12/00
Salary Range: Grade D
SUMMARY
Entry-level technical support position which involves duties both in the field and in the office.
Position involves assisting other technicians in engineering surveys and inspections, learning the
use of technical instruments,and performing some drafting and design work of a routine nature.
Upon initial employment,work is performed under close supervision of a technical or
professional supervisor;however,once knowledge is gained through experience,the degree of
supervision lessens.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Performs field inspection on less complex construction projects,as assigned by supervisor,
insuring that the contractor conforms to specifications, special provisions and plans.
Performs survey work under supervision, learn and operate technical engineering instruments;
plants stakes and place markers.
Compiles as-built notes and field sketches to incorporate in record plans.
Performs the preparation of plans,maintenance of maps and other information in a manner that
will insure that plans and maps are accurate and complete.
Prepares prints of plats,maps and plans.
Learn and perform manual and computer drafting and design work under close supervision, such
as plotting,cross sections,transporting field topography notes,computing various quantities and
drafting plan sheets.
Performs other duties as assigned.
QUALIFICATIONS To perform this job successfully,an individual must be able to perform
each essential duty satisfactorily. The requirements listed below are representative of the
knowledge, skill,and/or ability required.Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
EDUCATION and/or EXPERIENCE
Page 1
Completion of an approved technical training program or technical education equivalent to 2
years'vocational school or college in highway construction or civil engineering and 0-2 years'
related experience or equivalent combination of education and experience.
CERTIFICATES,LICENSES,REGISTRATIONS
Must possess valid drivers license.
DESIRABLE SKILLS AND ABILITIES
Knowledge of the practices,equipment and techniques of drafting;
Knowledge of engineering and survey practices;
Knowledge of personal computers and CADD
Knowledge of engineering maps and records;
Ability to make required mathematical calculations rapidly and accurately;
Ability to understand and follow oral and written instructions;
Ability to learn use of technical engineering instruments;
Ability to work under adverse weather conditions;
Ability to establish and maintain effective working relationships with other employees and the
public.
WORK ENVIRONMENT The work environment characteristics described here are
representative of those an employee encounters while performing the essential functions of this
job. This position involves indoor and outdoor work. The employee must occasionally lift and/or
move up to 50 pounds.Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
While performing the duties of this job,the employee occasionally works near moving
mechanical parts; in high,precarious places; in outside weather conditions;and with explosives
and is occasionally exposed to wet and/or humid conditions,risk of electrical shock,and
vibration.The noise level in the work environment is usually moderate.
Page 2
Job Title: TECHNICIAN II
Department: Engineering
Reports To: Public Works Director/City Engineer
FLSA Status: Nonexempt
Prepared By: MMR
Approved by:
Prepared Date: 7/12/00
COMMENTS The regular work week as defined by the Personnel Handbook is five eight-hour
working days,from 8:00 a.m.to 4:30 p.m.,except as otherwise established by the department
head in accordance with the custom and needs of the department, such as seasonal development
and construction demands.
Page 3
s
RESOLUTION NO. 5390
A RESOLUTION AMENDING RESOLUTION NO. 5278,WHICH ADOPTED
THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION
EMPLOYEES OF THE CITY OF SHAKOPEE
WHEREAS,on November 16, 1999,the City Council of the City of Shakopee,
Minnesota,adopted Resolution No. 5278, approving the 2000 Pay Schedule for the
Officers and Non-union Employees of the City of Shakopee; and
WHEREAS,to meet the growing needs of the engineering department,the
Engineering Tech II position.had been re-defined as an entry-level position. Therefore, it
is necessary to amend the 2000 Pay Schedule by moving the Engineering Tech II
classification from Grade E to Grade D.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL
ti OF THE CITY OF SHAKOPEE,MINNESOTA,hereby amends the attached schedule
of the 2000 Pay Plan for Officers and Non-union Employees by establishing the
classification of Engineering Tech II, Grade D.
Adopted in session of the City of Shakopee, Minnesota,held this
day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
r
CITY OF SHAKOPEE
2000 Pay Plan
Step Step Step Step Step Step Step Market
Title Grade 1 2 3 4 5 6 7 8 Adjust
City Administrator Q $69,069 $71,535 $74,002 $76,468 $78,935 $81,401 $83,868 $86,335
Unused P $64,878 $67,195 $69,511 $71,828 $74,145 $76,462 $78,779 $81,096
Police Chief 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856
PWDir/Eng. O $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856
Com.Dev.Dir. N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234
Finance Director N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 1 $69,199 $71,234
Natural Resources Director M $53,290 $55,193 $57,096 $58,999 $60,902 $62,805 $64,708 $66,611
City Engineer(not used) L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574
Deputy Chief L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 $ 64,301
Facility&Recreation Dir L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574
Assistant City Eng K $46,829 ,$48,502 $50,174 $51,846 $53,519 $55,191 ' $56,864 $58,536
EDA Coordinator J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962
Assistant Finance Director J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962
PW Supervisor I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 ' $51,387
Project Coordinator I $41,110 , $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387
Building Official I $41,110 ' $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387
Accountant III I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387
Planner ll I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387
City Clerk I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387
Bldg Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243
Fire Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243
Eng Tech IV H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243
Recreation Supervisor II H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243
Payroll Benefits Coord G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100
Planner I G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 I $43,811 $45,100
Eng Tech III G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100
Management Assistant F $33,837 $35,046 $36,254 $37,462 $38,671 $39,879 $41,088 $42,296
Executive Secretary E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491
Recreation Supervisor I E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491
Eng Tech II D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087
Planning Tech D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 I $37,087
Ice Arena Maint.Operator D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 ' $37,087
Secretary D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087
Accounting Clerk C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683
Police Records Tech C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 1 $34,683
Clerk Typist II C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 I $34,683
Office Service Wkr B $26.021 $26 951 $27 880 , $28 809 $79 719 ,m RPR S1. GQ7 e ', a')F
Community Sery Officer A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369
Customer Sery Rep A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369
Facility Maint Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369
Bldg Maintenance Wkr A $24,295 $25,163 $26,030 $26,898 $27,766+ $28,633 $29,501 $30,369
Receptionist AA $22,481 $23,283 $24,086 $24,889 , $25,692 $26,495 $27,298 $28,100
Amended 7/18/00
/S E.
C NSE ,
CITY OF SHAKOPEE r.
MEMORANDUM
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Mark Themig, Facilities and Recreation Director
SUBJECT: Hiring of Ice Arena Maintenance Operator
DATE: July 12, 2000
INTRODUCTION:
Interviews have been held with candidates for the Arena Maintenance Operator position.
Staff is recommending that the City Council authorize the hiring of Daniel Schumacher to
fill this position.
BACKGROUND:
The Ice Arena Maintenance Operator is a newly created, full-time position within the
Parks and Recreation Department. Council gave conceptual approval of this position at
the April 18th meeting, and approved the job description and recruitment process at the
July 5th meeting.
Staff utilized the Scott County Personnel Department for the initial selection process,
which provided a certification list of six candidates. Staff interviewed all six candidates
from this list. The interview panel consisted of Mike Hullander(Public Works Supervisor),
Tammy Abrahamson (Recreation Supervisor 1), and Mark Themig (Facilities and
Recreation Director).
It is the panel's recommendation to hire Daniel Schumacher. Mr Schumacher is a
graduate of the Red Wing Technical College—Arena Recreational Facility Manager
program, and has five years of experience as the Recreational Programmer and General
Manager of the Janesville (WI) Ice Arena. His skills and experience include the
development and implementation of a comprehensive arena maintenance program for
the Janesville Arena.
If approved, Mr. Schumacher's tentative start date will be August 9th, pending
successfully completion of the required pre-employment physical and background check.
All new hires are subject to a 6-month probationary period.
BUDGET IMPACT:
The advertised starting salary range was $14.2644/hr., Step One Grade D of the 2000
Pay Plan. In order to recruit Mr. Schumacher, it was necessary to negotiate
advancement to Step Two of the same grade following successful completion of the six-
month probationary period.
Therefore, staff is recommending a starting salary of$14.2644/hr, Step 1, Grade D of
the 2000 Pay Plan, with an increase to Step Two following the successful completion of
the six-month probationary period. Subsequent step increases would occur at one year
following the six-month increase, rather than on the anniversary date of hiring.
RECOMMENDATION:
Staff recommends the hiring of Daniel Schumacher for the Ice Arena Maintenance
Operator position.
ACTION REQUESTED:
Move to authorize the hiring of Daniel Schumacher as the Ice Arena Maintenance
Operator position (contingent on successful completion of the pre-employment physical
and background check) at a starting salary of$14.2644/hr, Step 1, Grade D of the 2000
Pay Plan, with an increase to Step Two following successful completion of the six-month
probationary period.
1k0-a_
Mark Themig
Facilities and Recreation Director
r, 1.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Pablo's Mexican Restaurant
DATE: July 13, 2000
INTRODUCTION:
The City Council is asked to consider removing a reversionary
clause and authorize execution of a deed conveying property to Mr.
Schwaesdall; and consider the expansion of the on-sale liquor
license to an outside area.
BACKGROUND:
At the request of Paul Schwaesdall, in 1994 the City Council
vacated the alley north of Pablo's Mexican Restaurant. City
Council also authorized the conveyance of the north one-half of the
alley to Paul Schwaesdall as well as a 16' X 32 ' area into the
parking lot to the north, see attachments. It was Mr.
Schwaesdall's desire to install a fountain and landscaping to the
north of his restaurant. (The northerly one-half of the alley
became the City's after the vacation because the City owned the
property to the north of the alley. ) It was the City's desire at
that time to approve the request of Mr. Schwaesdall, but a
reversionary clause was included in the deed:
"This property is to be used exclusively for landscaping and
open space in conjunction with use of the adjacent building.
This property shall be maintained in an attractive and well-
kept status free of weeds and garbage, and with esthetics
consistent with the City's downtown plan and downtown
appearance. If this property shall fail to be so used, then
all right, title, and interest shall immediately revert and
revest in the City of Shakopee, Minnesota. "
Mr. Schwaesdall is now asking that the reversionary clause be
removed so that he can have outside dining and drinking.
Because the deed was never recorded, the request can be
accommodated by simply creating another deed without the
reversionary clause, should the Council chose to approve the
request.
Pablo's Mexican Restaurant
July 13, 2000
Page 2
Mr. Schwaesdall's second request involves an amendment of his
on-sale liquor license to include the outside area. The Chief of
Police has advised that he will work with Mr. Schwaesdall on the
security needs, should the Council approve the request.
In addition to the two requests identified above, Mr.Schwaesdall
has made application to the Board of Adjustment and Appeals
for a conditional use permit for a Class II Restaurant. (A Class
II Restaurant is a restaurant that serves alcohol. The conditional
use permit was not required when Mr. Schwaesdall first opened
the restaurant, but with the request to expand the restaurant
seating to outside, he must now make application. )
ALTERNATIVES:
1. Approve conveyance without a reversionary clause,
and authorize the appropriate City officials to execute the
quit claim deed
2. Deny removing the reversionary clause from the conveyance
previously authorized
3. Direct staff to publish the appropriate notice for Council
consideration of the request from Paul Schwaesdall to amend
his liquor license to include an outside area to be identified
in the required conditional use permit
4. Deny the request to amend to the liquor license to include an
outside area
5. Direct staff to provide additional information
RECOMMENDATION:
Discuss the requests of Mr. Schwaesdall and give staff direction.
c,tak.41 z) 0(1
I:\clerk\jeanette\licenses\schwaesdall
6-23-00
Pablo's Mexican Restaurant
230 South Lewis St.
Shakopee, MN 55379
To: Mayor Jon Brekke and City Council Members:
Shakopee, MN
This letter is a request for you to consider lifting the restrictions regarding the vacated
alley therefor allowing Pablo's to have outside dining and drinking.
Pablo's' opened 9-7-86 long before the bypass when 101 was a main highway through
town. Not so today. The traffic through the old down town has all but vanished. The
bypass has created major exposure to Marshall Road. Last year 120,000 people dined at
Pablo's. I need your help in continuing to operate as a business in Shakopee.
Thank you for your consideration.
Sincerely,
Paul E. Schwaesdall
Owner Pablo's Mexican Rest ant
C
i�y�
Original description for quit claim deed to Pablo's Mexican Restaurant.
EXHIBIT A
Beginning at the center of the vacated alley between Lots 5
and 6, Block 30 , thence northerly 24 feet along the Lewis Street
right-of-way, thence westerly at right angles 32 feet, thence
southerly at right angles parallel to the Lewis Street right-of-way
line 16 feet to a point 8 feet northerly of the center of the
vacated alley, thence westerly at right angles 88 feet, thence
southerly at right angles 8 feet to the center of the vacated alley
on the extension of the west lot line of Lot 4, thence easterly
approximately 120 feet to the point of beginning, all in the City
of Shakopee, Scott County, Minnesota.
REVERSIONARY CLAUSE: ' '
This property is to be used exclusively for landscaping and-
open spaceftin conjunction with use of the adjacent building. This
property shall be maintained in an attractive and well-kept status
free of weeds and garbage, and with esthetics consistent with the
City' s downtown plan and downtown appearance . If this property
shall fail to be so used, then all right, title, and interest shall
immediately revert and revest in the City of Shakopee, Minnesota .
[PABLO' S]
IA VA I t .
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Block 30, Original Shakopee Plat
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Pablo's Mexican Restaurant
DATE: July 13, 2000
This information is in addition to the factors outlined by City Clerk Judy Cox regarding
Paul Schwaesdall's request to have, in effect, conveyed for his use 1,472 feet of publicly
owned property, in addition to the vacated alley in front of his building.
The owner will need to work with the Police Department to arrive at a solution that will
address concerns on the control of alcohol. The other policy factor that should be
considered by the Council is the fact that this request will be transferring ownership of
public property to a private individual,for use in a for-profit manner. This would be
similar to a request considered recently by the City Council,wherein Olympic Pools had
land which they had been using and maintaining for parking for years,but only through a
survey discovered that it was a remnant parcel of land owned by the City. Given the
difficulty of the City maintaining that property, and the desire of Olympic Pools to
purchase it, a purchase price of$1.00 per square foot was arrived at for the 1818 square
feet.
The Council should be aware that when the Council originally discussed this in October,
1993,the intent had been to transfer the property(for landscaping purposes)to Mr.
Schwaesdall for$1.00,plus the cost of preparing the documents(which included the
reversionary clause). That was not followed through. The Council should determine
whether it wishes to proceed with the transfer at this time without the reversionary clause,
and whether at a nominal fee such as a$1.00, or have staff and Mr. Schwaesdall
negotiate a value that would more accurately reflect market rates.
IAA ock ; Wthi
Mark McNeill
City Administrator
MM:tw
CC: Paul Schwaesdall
CITY OF SHAKOPEE
POLICE DEPARTMENT
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Dan Hughes, Chief of Police " �A ipp/
SUBJECT: Pablo's Mexican Restaurant
DATE: July 13, 2000
After a meeting Sgt.t. Robson and Mr. Schwaesdall, and a review of Police
g
Department activities at his business, I can find no reason to deny an expansion of the
liquor license request. The expansion of the licensing to outdoor dining and drinking is
not uncommon and does not exempt the license holder from adhering to applicable state
laws and local ordinances.
1
Official Proceedings of the October 5, 1993
Shakopee City Council Page -7-
Sweeney/Beard offered Resolution No. 3871, A Resolution Canceling
Debt Service Levies for 1993-1994, and moved its adoption. (Motion
carried under consent business. )
Sweeney/Beard offered Resolution No. 3875, A Resolution of the City
of Shakopee, Minnesota, Reassessing Certain Property for the 1991-3
2nd Avenue Project, and moved its adoption. (Motion carried under
consent business. )
Sweeney/Beard moved to set the sale date for the 1993 improvement
bonds for November 18, 1993 and to have a Council special meeting
at 5: 00 p.m. (Motion carried under consent business. )
Sweeney/Vierling moved to concur with the recommendation of the HRA
and directed staff to proceed with the refunding of the 1984
special obligation TIF bonds (K-mart) with general obligation TIF
bonds in conjunction with the sale of the 1993 improvement bond
issue. Motion carried unanimously.
Mayor Laurent recessed the City Council meeting at 9 :24 p.m. for
the purpose of discussing the purchase and sale of property.
Mayor Laurent reconvened the City Council meeting at 10: 00 p.m.
(No action was taken by the Council during the Executive Session. )
swipe-nay/Lynch moved to direct staff to prepare the necessary
documents to convey property (boulevard areas North of Pablo's
Restaurant) to Mr. Paul Schwaesdall for $1. 00 plus the cost of
preparing and drafting the documents; ana, that the aocuments
contain either a reversionary clause or a deed restriction limiting
the use of the property. Motion carried unanimously.
Mayor Laurent adjourned the meeting to Tuesday, October 19, 1993 at
7:00 p.m. The meeting adjourned at 10:02 p.m.
J 'th S. Cox
Ci y Clerk
Recording Secretary
15". F• 1 •
Qtys3eo
CITY OF SHAKOPEE
POLICE DEPARTMENT
Memorandum
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: Dan Hughes, Chief of Police
SUBJECT: Pablo's Mexican Restaurant
DATE: July 13, 2000
After a meeting between Officer Angela Trutnau and Mr. Schwaesdall, and a review of
Police Department activities at his business, I can find no reason to deny an expansion of
the liquor license request. The expansion of the licensing to outdoor dining and drinking
is not uncommon and does not exempt the license holder from adhering to applicable
state laws and local ordinances.
1
CITY OF SHAKOPEE �®��E���
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Application for Wine and Beer Licenses
Perkins Restaurant and Bakery
DATE: July 12, 2000
INTRODUCTION:
City Council is asked to consider the applications of The Restaurant Company dba
Perkins Restaurant and Bakery for On Sale Wine and On Sale 3.2 Percent Malt Liquor
licenses.
BACKGROUND:
The City has received applications from Perkins Restaurant and Bakery for a Wine and
Beer license at 1205 East 1g Avenue. The applications and evidence of insurance are in
order.
The customary background investigation has been conducted by the Police Department
and there are no problems that would preclude the approval of the licenses. (See
attached.)
The Building Department has conducted an inspection of the premises.
Because Perkins will now be serving alcoholic beverages, they must obtain a Conditional
Use Permit. They have been advised and are in contact with the Planning Department.
The licenses will not be delivered until a CUP is approved for a Class II Restaurant.
RECOMMENDED ACTION:
Approve the applications and grant On Sale Wine and On Sale 3.2 Percent Malt Liquor
licenses to The Restaurant Company dba Perkins Restaurant and Bakery, 1205 East 1s`
Avenue, contingent upon approval of a Conditional Use Permit for a Class II Restaurant.
J • S. Cox, City Cle
JSC/jms
I jeanette/Iiquor/perkins
SHAKOPEE
DAN HUGHES
Police Department Chief of Police
June 29, 2000
Chief Dan Hughes TO: 617.72:9
FROM: Det . Molly Schrot
SUBJECT: APPLICATION FOR LIQUOR LICENSE
Botz, Stephen Louis,
Smith, Donald Nickerson,
Adel, Heather Ann,
Dosch, Frank Alan,
I have completed the background investigation on the above
listed parties and there are no problems that would preclude
the approval of this license.
If you have any questions, please contact me.
COMMUNITY PRIDE SINCE 1857
MN • 5�;79-26 8 • Phone: 612-445-66661- 45-,^
1;b Gorman �tr��t • Shakopee. • Fax: ,�;_ 1 .. _., ..,
/5 .3 :
City of Shakopee
Memorandum CONSEND
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Lions Club Donation
DATE: July 10, 2000
Introduction & Background
The city has received a check from the Lions Club with the intention that the
funds be used for Lions Park. The check will be deposited to the City's
checking account for the Escrow Fund.
Council controls the use of donated gambling proceeds and has always
directed the funds to where the donator requested.
Action
Move to authorize the acceptance of$500.00 from the Lions Club and
authorize the funds to be placed in the Escrow Fund for use in Lions Park.
Gregg Voxland
Finance Director
/c. F. r.
CITY OF SHAKOPEE
Memorandum C®NSE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Temporary On-Sale Liquor License—Historic Murphy's Landing
DATE: July 12, 2000
INTRODUCTION AND BACKGROUND:
Minnesota Valley Restoration Project, Inc. dba Historic Murphy's Landing has applied
for a temporary on-sale liquor license for Friday, July 21, 2000. The event will be held in
the Village Square area.
The application is in order. The certificate of insurance identifying the required liquor
liability and public liability is on order. The license will not be delivered until proof of
the required insurance is received, per the City Code.
I have contacted the Chief of Police regarding this application. He has advised that he
does not have a problem with the issuance of a temporary license for this event.
RECOMMENDED ACTION:
Approve the application and grant a temporary on-sale liquor license to Minnesota Valley
Restoration Project, Inc. dba Historic Murphy's Landing, 2187 East Highway 101, for
July 21, 2000, conditioned upon compliance with insurance requirements.
iizik J .
J dith S. Cox, City erk
JSC/jms
I jeanette/liquor/mu phy's
14- is.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: St. Gertrude's Health Center Revenue Bonds
DATE: July 13, 2000
INTRODUCTION:
The Council is asked to consider authorizing the sale of tax-exempt Health Care Facility
Revenue Bonds to benefit St. Gertrude's Health Center in Shakopee.
BACKGROUND:
Lee Larson, Chief Executive Officer of St. Gertrude's Health Center,has been in contact
with City staff concerning the possible refinancing by means of City-issued tax-exempt
bonds,to assist St. Gertrude's.
St. Gertrude's was constructed in 1995 as a for-profit facility. In 1998,Benedictine
Health Care(partial owner of the adjacent hospital facility)purchased it,and has since
operated it as a non-profit entity.
The bonds to construct the original construction in 1995 were a"for-profit", and those
interest rates are adjustable. They are currently at 9.54%,while the market for non-profit
bonds is in the low 7%figure. In addition,these were"balloon"bonds,meaning that
sometime before January, 2004, St. Gertrude's would have to refinance the balloon
maturity due on the note.
Finally,there needs to be a permanent financing of a$1 million construction note that
was used to expand St. Gertrude's facility last year.
PROPOSAL:
What is being proposed is that the City would issue a 30-year Health Care Facility
Revenue Bond,in the amount of approximately $6.08 million. Of that, $4.4 million will
be used to call the current"for-profit"bonds,pay off the short term construction loan, set
up a reserve account,and address the costs of issuance.
In this arrangement, it is proposed that a one year reserve fund would be established,
during which time Benedictine Health Systems would guarantee the bonds. Once there is
profitability, and a full guarantee has been made for two fiscal years, St. Gertrude's then
would fully back the bonds.
We have been advised that the City will have no liability;the City is merely a conduit for
these non-profit bonds to be issued. St. Gertrude's has agreed to fully reimburse the City
for any costs incurred.
The attached information from Miller and Schroeder outlines more of the details of the
bonds.
Regarding schedule, St. Gertrude's would like to proceed as quickly as possible,to take
advantage of a relatively favorable bond market. They are proposing that, if the City
Council is in agreement, a resolution giving preliminary authorization for them to
proceed be approved at the July 18th meeting. Then, at the August 15th City Council
meeting,there would need to be a public hearing, in accordance with Federal Law. If
approved by the Council at that time, bonds could be issued, with settlement in
September.
Elizabeth Hennessy of Miller and Schroeder, and Lee Larson of St. Gertrude's will be in
attendance at the July 18th meeting to answer any questions.
Note that the request is identical to action that was taken to benefit St. Francis in 1998,
when it needed to refinance debt.
RECOMMENDATION:
I recommend that the City Council approve the concept of issuing bonds to accommodate
the refinancing of the St. Gertrude's debt.
ACTION REQUIRED:
If the Council concurs, it should,by motion,adopt the following resolution:
RESOLUTION CALLING FOR A PUBLIC HEARING
AND GIVING PRELIMINARY APPROVAL TO THE PROPOSED
ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES,
SECTION 469.152 THROUGH 469.165
Mark McNeill
City Administrator
71 Miller & Schroeder Financial, Inc.
bl
150 South Fifth Street,Suite 3000, Minneapolis, MN 55402
i
612-376-1360/fax: 612-376-1548 /cell: 612-619-8169
E-mail: DKeysser@MillerSchroeder.com
R. Donald Keysser
Senior Vice President
TO: Mark McNeill, City Manager, City of Shakopee
Jason Bullard, City Finance Director, City of Shakopee
CC: Jim Thomson, Kennedy & Graven
Bert Norman, Benedictine Health System
Lee Larson, St. Gertrude's Health Center
DATE: July 12, 2000
RE: City of Shakopee, MN
Health Care Facilities Refunding Revenue Bonds
(St. Gertrude's Inc. Project) Series 2000
Gentlemen:
Thank you very much for your time earlier this afternoon, to discuss the above
referenced financing.
I am enclosing a draft term sheet for your review, as well as a Distribution List.
In essence, here are the particulars of this financing:
D Health Dimensions Inc., at that time a for-profit corporation, entered into a taxable
construction financing in 1995, for the construction of the St. Gertrude's facility in
Shakopee. In 1996, while the facility was still under construction, Health
Dimensions sold the facility to Benedictine Health System (BHS), a 501(c)(3) non-
profit corporation dedicated to the provision of health services. BHS retained
Health Dimensions to manage the facility. In 1998, BHS purchased Health
Dimensions itself, and converted it into a 501(c)(3) subsidiary of BHS.
D In 1999, St. Gertrude's built an addition onto its facility in Shakopee, for about $1
million, which was financed through a short-term construction loan.
D The original 1995 financing was done as a taxable construction/takeout loan,
since Health Dimensions at that time was a for-profit corporation, not eligible for
tax-exempt financing. This financing was structured as a 25-year amortization,
with an eight-year term, and with an annually adjusted interest rate tied to the
one-year Treasury. This has two implications for St. Gertrude's: (a) their
interest rate is quite high, presently at 9.54%, and (b) sometime before January of
2004, St. Gertrude's will have to refinance the balloon maturity due on the Note.
D The bond issue we are proposing would have the following elements:
• Purpose — refinance the 1995 Note and the 1999 Loan and restructure St.
Gertude's debt; create a Reserve Fund; pay costs of issuance.
30-year, fixed rate.
J Tax-exempt (federal and state).
• Structured for sale to both retail and institutional investors.
Unrated.
Payable from the general corporate credit of St. Gertrude's; secured by a
first mortgage on the facility and a one-year Reserve Fund.
Further secured by an irrevocable and general obligation of BHS to support
the debt service, until the facility reaches an agreed-upon profitability
target, at which time the BHS guarantee would expire.
➢ The Bonds would be issued by the City under an Indenture of Trust, and the bond
proceeds lent to St. Gertrude under a Loan Agreement. The City would be
acting solely as a conduit issuer, with no liability or obligations (identical to the
situation with the St. Francis financing a couple of years ago).
This refinancing and debt restructuring provides two very important advantages to St.
Gertrude's, particularly as it continues in its present plan of streamlining its operations:
its annual debt service would be lowered, providing meaningful savings to the Center;
and the question of refinancing the balloon mortgage note is resolved, giving St.
Gertrude's a locked-in, low and know interest rate for the next 30 years.
The fact that BHS will stand behind this debt until profitability targets are met gives us,
as the investment bankers, considerable comfort and assurance of the credit strength of
this transaction.
Our preliminary timetable is to close this bond issue by approximately middle
September. That is an aggressive but viable timetable. As part of that schedule, in our
phone discussion today, I understand that we agreed to the following points:
Preliminary resolution passed by Council at its 7/18 meeting.
Notice for public hearing published week of 7/24, in both the Shakopee
Valley News and the Star and Tribune.
• Public hearing held at the 8/15 Council meeting.
Final resolution passed at either the 9/5 or 9/19 Council meeting.
We will work with Kennedy & Graven as both the city's attorney, and as bond counsel.
Our underwriter's counsel will be Briggs and Morgan.
My colleague, Liz Hennessee, will be present at the Council meeting on 7/18, to answer
any questions. Otherwise, please feel free to contact me prior to that with any
questions or discussions.
I look forward to a quick and successful closing to this financing.
Very truly yours,
MILLER &SCHROEDER FINANCIAL
R. Donald Keysser
2
L
larl ...„4 I & Schroeder r Financial Inc.
bill 9
City of Shakopee, Minnesota
$6,080,000* Health Care Facilities Refunding Revenue Bonds
(St. Gertrude's Health Center, Inc., Project), Series 2000)
TERM SHEET
GENERAL
Issuer: The City of Shakopee, Minnesota ("City").
Borrower/Obligor: St. Gertrude's Health Center, Inc. ("Center"), a 501(c)(3) non-profit
Minnesota corporation, incorporated in 1996. The Center owns and
operates a 51-bed long-term and transitional care facility ("Project")
located on the South Valley Health Campus, within the City.
Guarantor: Benedictine Health System, Inc. ("BHS"), a 501(c)(3) non-profit
Minnesota corporation, incorporated in 1985. BHS is a regional
health care system based in Duluth, Minnesota, and providing
acute-care hospital facilities, long-term care facilities and assisted/
independent living facilities throughout the Midwest.
Purpose: (a) Refinancing of an outstanding mortgage Note ("1995 Note")
entered into in 1995 to finance the original construction of the
Project, which Note is prepayable on the first of any month, at par;
(b) refinancing of a short-term construction loan ("1999 Loan")
entered into in 1999 to finance the construction of an addition to the
Project, which loan is prepayable at any time at par; (c)
establishment of a Debt Service Reserve Fund; and (d) payment of
a portion of the costs of issuance.
Project Budget*:
Sources of Funds
Bonds $6,080,000
Cash from Center 46,843
TOTAL $6,126,843
DRAFT 7/7/00
St Gertrude's Health Center
Uses of Funds
Refinance 1995 Note 4,400,000
Refinance 1999 Loan 1,000,000
Reserve Fund 500,477
Costs of Issuance 167,280
Original Issue Discount 58,196
Rounding 890
TOTAL 6,126,843
BOND TERMS
Par: $6,080,000 (approx.)
Structure: Fixed-rate, 30-years maturity.
Principal: Term Bonds due 8/1/2005, 8/1/10, 8/1/15, 8/1/20 and 8/1/30;
mandatory sinking fund redemptions, providing for level annual
amortization; original issue discount available.
Dated Date: August 15, 2000.
Pricing:
Settlement:
Interest: February 1, 2001, and every August 1 and February 1 thereafter.
Rating: Unrated.
Tax: Federal tax-exempt; state tax-exempt; non-BQ; non-AMT.
Redemption: Optional redemption:
Extraordinary redemption: The Bonds are callable immediately, at
par, upon the event of a determination of taxability of the Bonds.
The Bonds are callable at par upon the event of a condemnation,
destruction, or irreparable damage, with the Trustee Bank named as
the additional insured on all property insurance policies.
Registration: DTC; book-entry.
Denomination: $5,000 increments.
Offering: Retail and institutional.
Blue Sky: All states.
DRAFT—7/7/00 2
St Gertrude's Health Center
CREDIT TERMS
Source of Payments
And Security: The Bonds are a limited obligation of the City, payable solely from
payments made to the City by the Center under the terms of a Loan
Agreement between the City and the Center. The Bonds are not a
general obligation of the City, the State of Minnesota, or any other
political entity.
The Bonds are a general corporate of the Center, payable from
certain Net Revenues of the Center. Net Revenues are defined as:
Debt service payments will be made by the Center to the Trustee
Bank on a monthly basis.
Debt Service
Reserve Fund: In addition, the Bonds are payable from, and secured by, any funds
held by the Trustee, including the Debt Service Reserve Fund. The
Debt Service Reserve (DSR) Fund will be funded from the proceeds
of the Bonds, in an amount equal to 100% of the maximum annual
debt service on the Bonds, and will be reinvested by and held by
the Trustee Bank.
First Mortgage: The Bonds are secured by a First Mortgage on the facilities owned
by the Center, as well as an assignment of all contracts,
agreements, and leases entered into by the Center.
Guarantee: The Bonds will be guaranteed as to the prompt and complete
payment of debt service by BHS, during the Guarantee Period. To
the extent that the Center has insufficient funds to make debt
service payments to the Trustee when due, the Trustee will draw the
necessary funds from the DSR Fund with which to make that
payment. The Center is required to replenish the DSR Fund upon
any drawdowns, so that by the next interest payment, the DSR Fund
will again be at its required level of 100% of maximum annual debt
service. If the Center fails to replenish the DSR Fund within the
required six months, BHS will be obligated to immediately replenish
the DSR Fund to this required level.
During the Guarantee Period, this guarantee from BHS will be a
general and irrevocable corporate obligation of BHS.
Guarantee Period: The Guarantee Period will commence upon the closing of the
Bonds, and will continue in force until the Center is able to
demonstrate that it has achieved a Debt Service Coverage Ratio of
at least % for two consecutive fiscal years. Upon
reaching this target, the Guarantee Period will expire, and the
obligation of BHS to support the debt service on the Bonds will be
extinguished.
DRAFT-7/7/00 3
St Gertrude's Health Center
The term Debt Service Coverage Ratio shall be defined as: "Net
Income Available for Debt Service" divided by the combined
maximum annual debt service on all senior and parity indebtedness
of the Center in place at that time. The term "Net Income Available
for Debt Service" shall be defined to mean all gross revenues of the
Center, less certain defined operating and maintenance expenses,
and adding back depreciation, interest expenses and debt
amortization.
This Debt Service Coverage Ratio analysis shall be certified to by
the Chief Financial Officer of BHS, and supported by the
Supplemental Schedules to the audited financial statements of BHS
for those respective fiscal years.
Additional
Indebtedness: The Center may incur additional senior indebtedness, on a parity
with the Bonds, for any purposes of the Center, so long as the total
Debt Service Coverage Ratio for all senior indebtedness of the
Center (including the new proposed indebtedness) that is secured
by the revenues of the Center, shall equal or exceed % for
the two previous fiscal years. The Center is not restricted in
issuing new additional indebtedness that is subordinated to the
Bonds. The Center is not restricted from entering into equipment
leasing financings, so long as the leases are secured only by the
equipment being leased, and are not deemed to be senior debt of
the Center.
Capitalized Interest: There will not be any capitalized interest funded from the proceeds
of the Bonds.
Covenants: The Center will covenant to:
(1) Make all principal and interest payments on the
Bonds, promptly when due.
(2) Maintain its corporate existence and non-profit
501(c)(3) status.
(3) Preserve the tax-exempt status of the Bonds.
(4) Establish fees and rates so as to maintain an annual
debt service coverage ratio of no less than 125%.
(5) Maintain and operate the Project properly, including
maintaining adequate property, casualty and liability
insurance on the Project.
(6) Provide annual audited financial statements of BHS,
along with the accompanying Supplemental Schedules, and
the Medicare Cost Report, no less than 120 days after the
end of each fiscal year, to the Trustee Bank and to the
DRAFT-7/7/00 4
St Gertrude's Health Center
Underwriters; provide unaudited financial statements on a
quarterly basis to the Underwriters, during the Guarantee
Period.
Assumption/Merger/
Acquisition: There will be no prohibitions against BHS or the Center merging
with, or acquiring, another entity, so long as the new resulting entity
assumes all of obligations of the Center under the Bonds.
Once the Guarantee Period has expired, there will be no prohibition
against BHS selling or in any fashion divesting itself of the Center,
so long as the Center remains a 501(c)(3) entity, and continues its
obligations under the Bonds. If the Guarantee Period is still in
effect, BHS may divest itself of the Center in any fashion, so long as
its obligations under the Guarantee remain in place.
The Center will be limited in its ability to sell or otherwise dispose of
any of its assets, so long as the Bonds remain outstanding.
PROJECT INFORMATION
(here will be a section providing some general summary
information on the Center and the St. Gertrude facility,
including historical financial numbers, payor mix, occupancy,
etc.J
GENERAL INFORMATION
Underwriter: Miller & Schroeder Financial, Inc., Minneapolis, MN
Contact: Don Keysser, 612-376-1360
Bond Counsel:
Underwriter's
Counsel: Briggs & Morgan, Minneapolis, Minnesota
Trustee:
DRAFT—7/7/00 5
Miller & Schroeder Financial, Inc.
City of Shakopee, Minnesota
$6,080,000* Health Care Facilities Refunding Revenue Bonds
(St. Gertrude's Health Center, Inc., Project), Series 2000)
TERM SHEET
GENERAL
Issuer: The City of Shakopee, Minnesota ("City").
Borrower/Obligor: St. Gertrude's Health Center, Inc. ("Center"), a 501(c)(3) non-profit
Minnesota corporation, incorporated in 1996. The Center owns and
operates a 51-bed long-term and transitional care facility ("Project")
located on the South Valley Health Campus, within the City.
Guarantor: Benedictine Health System, Inc. ("BHS"), a 501(c)(3) non-profit
Minnesota corporation, incorporated in 1985. BHS is a regional
health care system based in Duluth, Minnesota, and providing
acute-care hospital facilities, long-term care facilities and assisted/
independent living facilities throughout the Midwest.
Purpose: (a) Refinancing of an outstanding mortgage Note ("1995 Note")
entered into in 1995 to finance the original construction of the
Project, which Note is prepayable on the first of any month, at par;
(b) refinancing of a short-term construction loan ("1999 Loan")
entered into in 1999 to finance the construction of an addition to the
Project, which loan is prepayable at any time at par; (c)
establishment of a Debt Service Reserve Fund; and (d) payment of
a portion of the costs of issuance.
Project Budget*:
Sources of Funds
Bonds $6,080,000
Cash from Center 46,843
TOTAL $6,126,843
DRAFT 7/7/00
St Gertrude's Health Center
Uses of Funds
Refinance 1995 Note 4,400,000
Refinance 1999 Loan 1,000,000
Reserve Fund 500,477
Costs of Issuance 167,280
Original Issue Discount 58,196
Rounding 890
TOTAL 6,126,843
BOND TERMS
Par: $6,080,000 (approx.)
Structure: Fixed-rate, 30-years maturity.
Principal: Term Bonds due 8/1/2005, 8/1/10, 8/1/15, 8/1/20 and 8/1/30;
mandatory sinking fund redemptions, providing for level annual
amortization; original issue discount available.
Dated Date: August 15, 2000.
Pricing:
Settlement:
Interest: February 1, 2001, and every August 1 and February 1 thereafter.
Rating: Unrated.
Tax: Federal tax-exempt; state tax-exempt; non-BQ; non-AMT.
Redemption: Optional redemption:
Extraordinary redemption: The Bonds are callable immediately, at
par, upon the event of a determination of taxability of the Bonds.
The Bonds are callable at par upon the event of a condemnation,
destruction, or irreparable damage, with the Trustee Bank named as
the additional insured on all property insurance policies.
Registration: DTC; book-entry.
Denomination: $5,000 increments.
Offering: Retail and institutional.
Blue Sky: All states.
DRAFT—7/7/00 2
St Gertrude's Health Center
CREDIT TERMS
Source of Payments
And Security: The Bonds are a limited obligation of the City, payable solely from
payments made to the City by the Center under the terms of a Loan
Agreement between the City and the Center. The Bonds are not a
general obligation of the City, the State of Minnesota, or any other
political entity.
The Bonds are a general corporate of the Center, payable from
certain Net Revenues of the Center. Net Revenues are defined as:
Debt service payments will be made by the Center to the Trustee
Bank on a monthly basis.
Debt Service
Reserve Fund: In addition, the Bonds are payable from, and secured by, any funds
held by the Trustee, including the Debt Service Reserve Fund. The
Debt Service Reserve (DSR) Fund will be funded from the proceeds
of the Bonds, in an amount equal to 100% of the maximum annual
debt service on the Bonds, and will be reinvested by and held by
the Trustee Bank.
First Mortgage: The Bonds are secured by a First Mortgage on the facilities owned
by the Center, as well as an assignment of all contracts,
agreements, and leases entered into by the Center.
Guarantee: The Bonds will be guaranteed as to the prompt and complete
payment of debt service by BHS, during the Guarantee Period. To
the extent that the Center has insufficient funds to make debt
service payments to the Trustee when due, the Trustee will draw the
necessary funds from the DSR Fund with which to make that
payment. The Center is required to replenish the DSR Fund upon
any drawdowns, so that by the next interest payment, the DSR Fund
will again be at its required level of 100% of maximum annual debt
service. If the Center fails to replenish the DSR Fund within the
required six months, BHS will be obligated to immediately replenish
the DSR Fund to this required level.
During the Guarantee Period, this guarantee from BHS will be a
general and irrevocable corporate obligation of BHS.
Guarantee Period: The Guarantee Period will commence upon the closing of the
Bonds, and will continue in force until the Center is able to
demonstrate that it has achieved a Debt Service Coverage Ratio of
at least % for two consecutive fiscal years. Upon
reaching this target, the Guarantee Period will expire, and the
obligation of BHS to support the debt service on the Bonds will be
extinguished.
DRAFT—7/7/00 3
St Gertrude's Health Center
The term Debt Service Coverage Ratio shall be defined as: "Net
Income Available for Debt Service" divided by the combined
maximum annual debt service on all senior and parity indebtedness
of the Center in place at that time. The term "Net Income Available
for Debt Service" shall be defined to mean all gross revenues of the
Center, less certain defined operating and maintenance expenses,
and adding back depreciation, interest expenses and debt
amortization.
This Debt Service Coverage Ratio analysis shall be certified to by
the Chief Financial Officer of BHS, and supported by the
Supplemental Schedules to the audited financial statements of BHS
for those respective fiscal years.
Additional
Indebtedness: The Center may incur additional senior indebtedness, on a parity
with the Bonds, for any purposes of the Center, so long as the total
Debt Service Coverage Ratio for all senior indebtedness of the
Center (including the new proposed indebtedness) that is secured
by the revenues of the Center, shall equal or exceed % for
the two previous fiscal years. The Center is not restricted in
issuing new additional indebtedness that is subordinated to the
Bonds. The Center is not restricted from entering into equipment
leasing financings, so long as the leases are secured only by the
equipment being leased, and are not deemed to be senior debt of
the Center.
Capitalized Interest: There will not be any capitalized interest funded from the proceeds
of the Bonds.
Covenants: The Center will covenant to:
(1) Make all principal and interest payments on the
Bonds, promptly when due.
(2) Maintain its corporate existence and non-profit
501(c)(3) status.
(3) Preserve the tax-exempt status of the Bonds.
(4) Establish fees and rates so as to maintain an annual
debt service coverage ratio of no less than 125%.
(5) Maintain and operate the Project properly, including
maintaining adequate property, casualty and liability
insurance on the Project.
(6) Provide annual audited financial statements of BHS,
along with the accompanying Supplemental Schedules, and
the Medicare Cost Report, no less than 120 days after the
end of each fiscal year, to the Trustee Bank and to the
DRAFT—7/7/00 4
St Gertrude's Health Center
Underwriters; provide unaudited financial statements on a
quarterly basis to the Underwriters, during the Guarantee
Period.
Assumption/Merger/
Acquisition: There will be no prohibitions against BHS or the Center merging
with, or acquiring, another entity, so long as the new resulting entity
assumes all of obligations of the Center under the Bonds.
Once the Guarantee Period has expired, there will be no prohibition
against BHS selling or in any fashion divesting itself of the Center,
so long as the Center remains a 501(c)(3) entity, and continues its
obligations under the Bonds. If the Guarantee Period is still in
effect, BHS may divest itself of the Center in any fashion, so long as
its obligations under the Guarantee remain in place.
The Center will be limited in its ability to sell or otherwise dispose of
any of its assets, so long as the Bonds remain outstanding.
PROJECT INFORMATION
(here will be a section providing some general summary
information on the Center and the St. Gertrude facility,
including historical financial numbers, payor mix, occupancy,
etc.]
GENERAL INFORMATION
Underwriter: Miller & Schroeder Financial, Inc., Minneapolis, MN
Contact: Don Keysser, 612-376-1360
Bond Counsel:
Underwriter's
Counsel: Briggs & Morgan, Minneapolis, Minnesota
Trustee:
DRAFT—7/7/00 5
•
YN
RESOLUTION NO. S 3"/
RESOLUTION CALLING FOR A PUBLIC HEARING AND
GIVING PRELIMINARY APPROVAL TO THE PROPOSED
ISSUANCE OF REVENUE BONDS UNDER MINNESOTA
STATUTES,SECTIONS 469.152 THROUGH 469.165
WHEREAS, The City of Shakopee, Minnesota (the "City") is duly organized and
existing under the Constitution and laws of the State of Minnesota.
WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 469.152-469.165, as amended (the "Act"), each home rule charter or statutory
city of the State of Minnesota, including the City of Shakopee, Minnesota (the "City"), is
authorized to issue revenue bonds to pay, purchase, or discharge all or any part of the
outstanding indebtedness of a contracting party engaged primarily in the operation of one or
more nonprofit hospitals or nursing homes previously incurred in the acquisition or betterment
of its existing hospital or nursing home facilities to the extent deemed necessary by the
governing body of the municipality or redevelopment agency; this may include any unpaid
interest on the indebtedness accrued or to accrue to the date on which the indebtedness is finally
paid, and any premium the governing body of the municipality ore redevelopment agency
determines to be necessary to be paid to pay, purchase, or defease the outstanding indebtedness;
and
WHEREAS, the City, has proposed to issue one or more revenue bonds in the form of
revenue bonds "Bonds") and loan the proceeds derived from the sale of the Bonds to St.
Gertrude's Health Center, a Minnesota nonprofit corporation (the "Borrower"), pursuant to the
terms of a Loan Agreement between the City and the Borrower (the "Loan Agreement") to
refinance and finance costs related to the Borrower's 75-bed skilled nursing home and related
health care facilities located at 1850 Sarazin Street in the City(the"Project"); and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, and
regulations promulgated thereunder, requires that prior to the issuance of the Bonds, this Council
approve the Bonds after conducting a public hearing thereon.
NOW,THEREFORE,BE IT RESOLVED THAT:
Public Hearing.
The City Council shall meet at 7:00 p.m. on Tuesday, August 15, 2000, to conduct a
public hearing on the issuance of the Bonds as requested by the Borrower.
The City Administrator is authorized and directed to publish notice of the hearing in
substantially the form attached hereto as Exhibit A in the official newspaper and in a newspaper
of general circulation in the City once, at least fifteen days prior to the date of the public hearing.
JCU-157731
BU155-86
Preliminary Approval.
1. The City hereby grants preliminary approval for the issuance of the Bonds for the
purposes referenced in this resolution and in an aggregate principal amount not to exceed
$6,500,000, subject to the approval of the Project by the Minnesota Department of Trade and
Economic Development ("DTED"), as required by the Act, and subject to the mutual agreement of
this body, the Borrower, and the initial purchaser of the Bonds as to the details of the Bonds and
provisions for their payment. In all events, it is understood, however, that the Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except
the City's interest in the Loan Agreement and the Project; and the Bonds, when, as, and if issued,
shall recite in substance that the Bonds, including interest thereon, are payable solely from the
revenues received from the Loan Agreement and other property pledged to the payment thereof,and
shall not constitute general obligations of the City.
2. In accordance with Section 469.154 of the Act, the City Administrator of the City is
hereby authorized and directed to submit the proposal for the financing of the Project to DTED.
The City Administrator and other officers, employees and agents of the City are hereby authorized
to provide DTED with any information needed for this purpose, and the City Administrator is
authorized to initiate and assist in the preparation of such documents as may be appropriate to the
Project, if it is approved.
3. The law firm of Kennedy&Graven, Chartered is authorized to act as Bond Counsel and
to assist in the preparation and review of necessary documents relating to the Project and the Bonds
to be issued in connection therewith. The City Administrator and other officers, employees and
agents of the City are hereby authorized to assist Bond Counsel in the preparation of such
documents.
4. In accordance with Section 469.154, Subdivision 7, of the Act, the officers, employees
and agents of the City are hereby authorized and directed to encourage the Borrower to provide
employment opportunities to economically disadvantaged or unemployed individuals. Such
individuals may be identified by such mechanisms as are available to the City, such as a first source
agreement in which the Borrower agrees to use a designated State employment office as a first
source for employment recruitment,referral,and placement.
5. The Borrower has agreed to pay directly or through the City any and all costs incurred by
the City in connection with the financing of the Project whether or not the financing of the Project is
approved by DTED, whether or not the financing is carried to completion, and whether or not the
Bonds or operative instruments are executed and delivered.
6. All commitments of the City expressed herein are subject to the condition that by
August 1, 2001, the City and the Borrower will have agreed to mutually acceptable terms and
conditions of the Loan Agreement,the Bonds, and of the other instruments and proceedings relating
to the Bonds and their issuance and sale. If the events set forth herein do not take place within the
time set forth above, or any extension thereof, and the Bonds are not sold within such time, this
JCU-157731
BU155-86
resolution will expire and be of no further effect.
7. The adoption of this resolution does not constitute a guaranty or firm commitment that
the City will issue the Bonds as requested by the Borrower. The City retains the right in its sole
discretion to withdraw from participation and accordingly not to issue the Bonds,or issue the Bonds
in an amount less that the amount referred to herein, should the City at any time prior to issuance
thereof determine that it is in the best interest of the City not to issue the Bonds, or to issue the
Bonds in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to
the transaction be unable to reach agreement as to the terms and conditions of any of the documents
required for the transaction.
8. (a) The United States Department of the Treasury has promulgated final
regulations governing the use of the proceeds of tax-exempt bonds in those cases in which all or
a portion of the proceeds of the tax-exempt bonds are to be used to reimburse the governmental
issuer or a conduit borrower for project expenditures paid prior to the date of issuance of such
tax-exempt bonds. Those regulations, Treasury Regulations, Section 1.150-2, as amended (the
"Regulations"), require that the City adopt a statement of official intent to reimburse an original
expenditure not later than sixty days after payment of the original expenditure. The Regulations
also generally require that the Bonds be issued, and the reimbursement allocation made from the
proceeds of the Bonds occur, within eighteen months after the later of: (i) the date the
expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event
more than three years after the date the expenditure is paid. The Regulations generally permit
reimbursement of capital expenditures and costs of issuance of the Bonds.
(b) The City reasonably expects to reimburse the Borrower for the
expenditures made for costs of the Project from the proceeds of the Bonds in an estimated
maximum aggregate principal amount not to exceed $6,500,000 after the date of payment of all
or a portion of the costs of the Project. All reimbursed expenditures shall be capital
expenditures, a cost of issuance of the Bonds, or other expenditures eligible for reimbursement
under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act.
Based on representations by the Borrower, other than (i) expenditures to be paid or
reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed
under prior regulations pursuant to the transitional provision contained in Section 1.150-
2(j)(2)(i)(B) of the Regulations, (iii) expenditures constituting preliminary expenditures within
the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus"
amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to
the Project have been made by the Borrower more than sixty days before the date of adoption of
this resolution.
(c) Based on representations by the Borrower, as of the date hereof, there are
no funds of the Borrower reserved, allocated on a long term-basis, or otherwise set aside (or
reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside) to
provide permanent financing for the expenditures related to the Project to be financed from
proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution,
JCU-157731
BU155-86
therefore, is determined to be consistent with the budgetary and financial circumstances of the
Borrower as they exist or are reasonably foreseeable on the date hereof.
Effective Date. This Resolution shall be in full force and effect from and after its passage.
Adopted by the City Council of the City of Shakopee,Minnesota on this 18th day of July, 2000.
Mayor
City Administrator
JCU-157731
BU155-86
EXHIBIT A
FORM OF NOTICE OF PUBLIC HEARING
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF
REVENUE BONDS UNDER MINNESOTA STATUTES,
SECTIONS 469.152 THROUGH 469.1651, AS AMENDED, BY
THE CITY OF SHAKOPEE, MINNESOTA
CITY OF SHAKOPEE, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee, Minnesota
(the "City"), will meet on August 15, 2000 at 7:00 at the City Hall, 129 Holmes Street S. in
Shakopee, Minnesota for the purpose of conducting a public hearing on a proposal that the City
approve and authorize the issuance by the City of its revenue bonds (the "Bonds"), in one or
more series under the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Sections 469.152 through 469.165, as amended (the "Act"), in order to refinance and finance
costs related to a 75-bed skilled nursing home and related health care facilities located at 1850
Sarazin Street in the City (the "Project") owned by St. Gertrude's Health Center, a Minnesota
nonprofit corporation (the "Borrower"). The maximum aggregate principal amount of the
proposed bond issue is $6,500,000.
The Bonds will be special, limited obligations of the City and the Bonds and interest
thereon will be payable solely from the revenues and assets pledged to the payment thereof. No
holder of any Bonds will ever have the right to compel any exercise of the taxing power of the
City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the
City except money payable by the Borrower to the City and pledged to the payment of the
Bonds. Before issuing the Bonds, the City will enter into an agreement with the Borrower,
whereby the Borrower will be obligated to make payments at least sufficient at all times to pay
the principal of and interest on the Bonds when due.
All persons interested may appear and be heard at the time and place set forth above or
may file written comments with the City Administrator prior to the date of the hearing set forth
above.
Dated: [Date of Publication
CITY OF SHAKOPEE, MINNESOTA
SH155-91(JU)
183135v.1
JCU-157731
BU 155-86
CITY OF SHAKOPEE 15 . F
Memorandum
TO: Mayor and City CounciCONSEA
FROM: Mark McNeill, City Administrator
SUBJECT: Tax Forfeiture Land
DATE: July 12, 2000
INTRODUCTION:
The Council is asked to consider whether it has an interest in the parcel of land that is
being made available for tax forfeiture.
BACKGROUND:
Attached is a letter from Tom Lannon of the County's Taxation Department,relative to
non-conservation land which is available due to tax forfeiture.
The parcel in question is Lot 10 and the adjacent vacanted alley of Block 36 (map
attached). It is on Second Avenue, at the southeast corner of its intersection with Pierce
Street.
The City Engineering Division has reviewed this, and has determined that there is no City
use for this. It is too small, or in the wrong location for any development in which the
City might be interested.
There are special assessments in the amount of$1164.17 on this property. Those
assessments will be paid from the sale price.
As outlined in Mr. Lannon's letter,the City Council must approve the parcel for public
sale, or sale to adjacent owners,unless it wishes to have it conveyed to the City for public
use.
RECOMMENDATION:
We recommend that the City Council authorize this for sale to the public, or adjacent
property owners.
ACTION REQUIRED:
If the Council concurs, it should,by motion, authorize the sale of Lot 10 and the adjacent
vacated alley, of Block 36, City of Shakopee, in accordance with MSA 282.01.
A, u a
Mark McNeill
City Administrator
SCOTT COUNTY
FINANCE DIVISION
GOVERNMENT CENTER
H '- f { 200 FOURTH AVENUE WEST
SHAKOPEE, MN 55379
(612) 496-8115
LEROY T. ARNOLD! Fax: (612)496-8135
DEPARTMENT OF TANXI ION.DIREc oR larnoldiW.co.scott.mn.us
1Mp://www.co.scottmn.us
July 3, 2000
MARK MCNEILL
SHAKOPEE CITY ADMINISTRATOR
129 HOLMES STREET SOUTH
SHAKOPEE MN 55379-1351
Subj: Classification and sale of forfeited lands
Dear Mark:
Enclosed is a classification listing of non-conservation land located in your city. The
parcel(s) described in the listing forfeited to the State of Minnesota for non-payment of
property taxes.
As required under Minn. Stat. 282.01, we request that you approve the parcel(s) for public
sale or sale to adjacent owners or request a conveyance to your city for public use.
We require a certified copy of the City Council resolution authorizing any action taken. If
you request a parcel be conveyed to your city, you must also complete the form
"Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Land" and mail
it to my attention in this office.
Special assessments which were levied before the forfeiture do not need to be certified to
this office. They were canceled at forfeiture and will be paid from the sale price. Special
assessments which are levied after the forfeiture should be certified to this office. They will
be added to the appraised value and paid from the sale price.
Please be advised that, if the City Council fails to respond within sixty (60) days of the date
of this letter, the sale will be deemed to be approved.
If you have any questions, please fee free to contact me at (952) 496-8168.
Si ncerely,
Thomas YLannon
Department of Taxation
Enclosure
LIST OF PROPERTIES AVAILABLE FOR SALE
WHICH HAVE BEEN FORFEITED TO THE STATE
AND CLASSIFIED AS NONCONSERVATION LANDS
Parcel No. Description
CITY OF SHAKOPEE
27 001290 0 Lot 10 and the adjacent vacated alley, Block 36, City of Shakopee
according to the plat thereof on file and of record in the Office of
the Register of Register of Deeds, Scott County, Minnesota.
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CITY OF SHAKOPEE
129 HOLMES STREET SOUTH
SHAKOPEE , MN 553790000
Phone : (612) 445-3650 Fax: (612) 445-3856
Mail To: ENG2 Bill To:
JUL 12 , 2000
Assessment Search for PID: 27-001290-0
Legal : LOT 10 BLK 36
ORIGINAL SHAKOPEE PLAT
Address : 634 2 AV W
File No : Remaining
Balance
LEVIED Projects :
27081 1992-6 APGAR ST 1, 164 . 17
TOTAL 1, 164 . 17
PENDING Projects :
TOTAL 0 . 00
HOOKUP Fees :
TOTAL 0 . 00
Total Levied Assessments : $1, 164 . 17
Total Pending Assessments : $ . 00
Total Hookup Fees : $ . 00
PENDING PROJECTS ARE ESTIMATED AND SUBJECT TO CHANGE
JUL 12 , 2000
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STATE OF MINNESOTA )
) ss.
County of )
being first duly sworn, deposes and says that he/she is the
authorized representative of the applicant named herein, that he/she has read said application and knows the
contents thereof, and that the matters stated therein are true and correct.
Name Title
Subscribed and sworn to before me this
day of , 19
Notary Public, County, Minn.
My commission expires
RECOMMENDATION OF COUNTY BOARD UPON APPLICATION
The County Board of County, Minnesota, has reviewed the application
of dated , 19 , for the
conveyance for an authorized public use of certain tax-forfeited land described therein. The county board
recommends that this application be: rejected granted_�_.
Signature (for the County Board) Date
CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER
I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited
land for conveyance for an authorized public use.
Signature of County Auditor or Land Commissioner Date
OFFICE OF THE COMMISSIONER OF REVENUE
St. Paul, Minn., , 19
Upon due consideration of this application, it is ordered that it is hereby: rejected granted
Commissioner of Revenue
By
PT Form 962(Revised 10/11/96) Minnesota Department of Revenue
Staple All Correspondence
Application by a Governmental Subdivision for Conveyance of
Tax-Forfeited Lands for an Authorized Public Use
(Minnesota Statutes, Section 282.01, Subdivisions la through le)
(Note: If the governmental subdivision has purchased the property, use PT Form 80)
In County
Name of governmental subdivision (applicant):
Mailing address of applicant:
Date requested property was forfeited to the State:
(month) (day) (year)
Legal description of property(include the name of the city/town in which the property is located):
Describe the intended public use to be made of the property (be specific, including statute or special law
references, if relevant):
State the need for the property (be specific, e.g., why this property instead of some other property?):
Please check the appropriate boxes below:
ncorrecting governmental subd. name n There are one or more wells on this property
and/or
nlegal description n There are no wells on this property
original deed no.
(If recorded,please supply recording information.
If not recorded,please return the original state deed.)
A Wetland Certification Form Must Be Attached To This Application
Return application to: MN Department of Revenue•Property Tax Division •Mail Station 3340•St.Paul,MN 55146-3340
IS, F.
City of Shakopee
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: V.F.W. Post#4046 Gambling License
DATE: July 18, 2000
INTRODUCTION & BACKGROUND:
The V.F.W. Post #4046 is making application for a third premises permit for their
gambling activities at The Main Event Sports Bar and Grill, 911 East 1st Avenue. They
are in compliance with the Shakopee City Code. The Hockey Association has
discontinued their gambling activities at this site.
RECOMMENDED ACTION:
Offer Resolution No. 5392 A Resolution of the City of Shakopee, Minnesota,
Approving Premises Permits for the V.F.W. Post#4046, and move its adoption.
RESOLUTION NO. 5392
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
APPROVING PREMISES PERMIT FOR
THE V.F.W. POST #4046
WHEREAS, the 1990 legislature adopted a law which requires municipal approval in
order for the Gambling Control Board to issue or renew premises permits; and
WHEREAS, the V.F.W. Post#4046 is seeking a Premises Permit for the site at The
Main Event Sports Bar& Grill, 911 East 1st Avenue, Shakopee, Minnesota.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That the Premises Permit for the V.F.W. Post#4046 at 911 East 1s`Avenue, Shakopee,
Minnesota is hereby approved.
Adopted in Adj. Regular Session of the City Council of the City of Shakopee, Minnesota,
held this_day of , 2000.
Mayor of the City of Shakopee
ATTEST:
City Clerk
r itMetropolitan Council
Working for the Region, Planning for the Future
11 PO
July 5, 2000
Dear Local Official:
The Metropolitan Council invites you to submit a proposal for an urban design
opportunity site that can demonstrate Smart Growth principles. The Council has recently
embarked on a very exciting new project called Smart Growth Twin Cities and would
like to work with four local governments as part of that project to develop detailed site
plans showing what Smart Growth looks like on the ground.
Calthorpe Associates, a natiorially renowned urban design firm, has been retained by the
Council as lead consultant for the Smart Growth Twin Cities project. In the opportunity
site phase of their work the Calthorpe design firm would lead a series of"hands on"
community workshops in each of the four selected communities involving local residents,
property and business owners, and other stakeholders.
The consultant would also work with local officials on a client basis to complete a site
analysis evaluating development factors such as infrastructure and public facilities,
existing buildings, open space, environmental features, market and redevelopment
potential, and transportation implications. Alternative design concepts for the areas
would be developed into sketch plans and reviewed with the community, culminating in
selection of a preferred alternative. Once a preferred alternative has been selected, the
consultant would prepare illustrative site master plans, sketch modeling of transportation
impacts and other implications, before-after photo simulations, urban design standards,
and implementation strategies tailored to each opportunity site.
The fundamental commitment of the selected communities will be to provide the
consultant with base information about the opportunity sites, host the community
workshops, and be open to considering innovative Smart Growth design alternatives.
The Metropolitan Council will provide funding of the consultant's services.
Attached you will find application information, submittal format instructions, and
background information. The application deadline is August 15. If you have questions,
please contact Bob Mazanec, 651-602-1330. The Council hopes you will become its
partner in this exciting Smart Growth enterprise.
Sincerely,
Thomas C. cElveen
Director, Community Development Division
230 East Fifth Street St.Paul.Minnesota 55101-1626 (651)602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888
An Equal Opportunity Employer
Smart Growth Twin Cities
Opportunity Site Application Information
DEADLINE: 5 p.m. August 15; 2000
Opportunity site criteria:
■ Generally 20 acres-100 acres in size
■ Located within the Regional Blueprint urban area or urban reserve
■ In predevelopment phase
■ Potential for integrated and compact land use
■ Potential to be physically integrated and compatible with adjacent land uses
■ Potential to have sufficient population, jobs and activities to result in a
walkable environment that is or can be accessible by transit
■ Potential to enhance overall design quality such as architectural style and
building scale, features of historic significance or community identity, public
spaces that create a sense of place, convenience of pedestrian features
■ Potential for replication
■ Potential for public-private implementation partnerships
■ Potential for broad, extensive public involvement and a planning-
implementation process that can ensure successful implementation
■ Potential to leverage private and public resources for implementation
Submit application to:
Bob Mazanec
Metropolitan Council
Mears Park Centre
230 East 5th Street
Saint Paul, MN 55101-1633
1
r
Smart Growth Twin Cities
Format for Opportunity Site Applications
Page 1 Cover Sheet
■ Project Name
■ Applicant, City
■ Contact Person
❑ Address
❑ Phone, Fax, e-mail
Page 2 Briefly Describe the Project
■ Concept, goals, scope
■ Characterize the type of development under consideration
❑ Compact, mixed-use transit-oriented
❑ Compact, mixed-use to build capacity for future transit
❑ Mixed use development in urban/urbanizing area
❑ Cluster development in urban reserve
Page 3-5 Summarize Key Components
■ Proposed Density/Intensity of Uses
■ Mix of Uses
■ Housing Mix, Price Ranges
■ Employment Proximity
■ Housing, Job, Transportation Connections
Describe Site Features and Potential
■ How transportation, housing, commercial, employment, other uses will be
integrated, or residential types will be mixed
■ Linkages within the site and to adjacent sites/neighborhoods
■ How the area will serve/improve/provide access to employment,
transportation, housing,services, recreation, community or public spaces
■ What other resources are available to plan the site?
Attach Site Map
Include area map with site and transportation/transit identified, and site plan if
available.
4 SUBMIT FIVE PAGES ONLY, INCLUDING COVER SHEET, PLUS ONE OR MORE
MAPS/DIAGRAMS. PLEASE SEND TEN COPIES OF THE COMPLETE APPLICATION
WITH ALL MAPS AND DIAGRAMS.
2
Smart Growth Twin Cities Background Information
Building Models for Compact, Lifecycle Communities
Smart Growth Twin Cities opportunity sites are intended to be models for "Smart Growth" in
the urban and urbanizing parts of the region. Their purpose is to demonstrate new forms of
urban development that make better use of land and services already in place and that forge a •
stronger relationship between land use and transportation. By providing consultant services to
work with communities in planning and designing Smart Growth concepts for actual sites the
Metropolitan Council is offering an incentive-based partnership. Opportunity site models are
intended to focus on site planning and urban design in keeping with Smart Growth Twin Cities
project objectives and guiding principles.
Project objectives include:
• Interrelate development or redevelopment with transit,
■ Intensify land use through appropriate densities and mixing of uses, including housing,
to support transit use, walking, biking and community interaction.
• Connect housing and areas of employment growth, and
■ Provide an integrated mix of housing types and price or rent ranges within a
development.
Opportunity site models will help implement the goals of the Council's Regional Blueprint, Transit
2020 Master Plan, and Smart Growth. These goals include creating compact and efficient land
use patterns,job creation and economic development in the Urban Area, especially along transit
routes; using regional transportation investments to increase transit use and mixed-use
development; improving links among jobs, transportation and housing; and enhancing existing
neighborhoods and activity centers.
Smart Growth will look different in different parts of the region. The Metropolitan Council
encourages development patterns that are appropriate for the character of the various parts of
the region. Hence, different types of models are appropriate in different parts of the region.
In the region's core and other older areas, smart growth means redevelopment, rehabilitation or
inf ill. In developing areas currently without transit service, it means more compact residential
and mixed-use development or inf ill that can support future transit use and in the meantime
enable more trips by walking or biking. Whether served by transit or not, compact and mixed-
use development forms can create or enhance town centers and other gathering places and
destinations for community residents.
3
Smart development also means mixing housing types rather than placing them in separated
areas,and providing a range of housing from low and moderate-cost levels to higher-priced
housing. This creates lifecycle communities,allowing people to stay in their community as their
family needs change.
Smart Growth also means locating development in a way that preserves natural features and
open space. It also means compact, mixed development that improves the capability of urban
neighborhoods and villages to function more self-sufficiently with a balance of jobs,shopping,
services and life-cycle housing options.
Guiding Principles for creating smart growth models
Principle 1: Make Development Compact
• Connect rather than separate uses, to allow for functional relationships between
them.
• Build compact, efficient development appropriate to the location, with attention to
the design and relationships of structures to each other and natural features.
• Provide inf ill or retrofit land uses that result in more compact development.
Principle 2: Mix Uses
• Include a variety of uses and destinations -- shopping, work, restaurants,
entertainment, civic uses, cultural activities, parks and other public spaces, and a
variety of housing types and costs.
• Connect uses to transit, providing people with a way to get to jobs, services or
recreation other than driving.
Principle 3: Design for People
• Locate shops and other uses within walking distance of each other, and within walking
distance of transit, where available.
• Design streets for pedestrians and for cars. Orient businesses and other structures
to the street for pedestrian accessibility,and provide convenient parking to the side
or rear of buildings. This creates safe, pleasant walking environments.
• Provide places for people to gather--parks and other public open spaces, a central
place or neighborhood center that provides a focus for activities.
• Use design to make places safer, create amenities and improve livability.
H:\LIBRARY\COMMUNDV\2000\opp site application.doc 4