TENTATIVE AGENDA

Shakopee City Council

Regular Session

7:00 p.m.

October 4, 2016

LOCATION Council Chambers City Hall 129 Holmes Street South

Shakopee Mission Statement
The Mission of the City of Shakopee is to provide the opportunity to live, work and play in a community with
a proud past, promising future, and small town atmosphere within a metropolitan setting.
Agenda items are tied to the following long-term goals that support the City's strategic vision as noted after each agenda item:
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and change.
C. Maintain the City's strong financial health.
D. Maintain improve and create strong partnerships with other public and private sector entities.
E. Deliver effective and efficient public services by a staff of well-trained, caring, and professional employees.
F. Housekeeping item.

Mayor Bill Mars presiding

1.

Roll Call

2.

Pledge of Allegiance

3.

Approval of Agenda

4.

Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
A.

Police and Fire

1. *Authorize Disposal of Surplus Property - Bikes/Miscellaneous (F)
2. *2017 Toward Zero Deaths Traffic Enforcement Grant, Res. No. 7766 (A)
3. *Acceptance of U.S. Dept. of Justice Body Worn Camera and Implementation Grant
Agreement (A,B,D,E)
4. *Renew Scott County Multi-Hazard Mitigation Plan, Res. No. 7777 (A)

B.

Public Works and Engineering

1. *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2016-1 Street Reconstruction Project, Res. No. 7773 (E)
2. *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2016-3 Bituminous Reclamation Improvement Project, Res. No. 7774 (E)
3. *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2015-7 4th Avenue & Shenandoah Improvements Project, Res.No. 7775 (E)
4. *Amend City Code Chapter 74: Schedule I Pertaining to Vehicle Parking
Restrictions, Ord. No. 946 (E)

C.

Parks and Recreation

1. *Acceptance of Multiple $1,000.00 Donations for the Shakopee Fun For All
Playground, Res. No. 7776 (A,B,D)

D.

General Administration
1. *City Bill List (F)
2. *City Council Minutes (F)
3. *Accept the Interview Committee's Recommendation for Boards and Commissions
(F)
4. *Approve a Massage Therapy Business and a Massage Therapist License (F)
5. *VFW Request to Allow Alcohol to be Consumed in Parking Lot for Oktoberfest
Celebration (F)
6. *Modification of adopted City Council Norms of Behavior (F)

5.

RECOGNITION OF INVOLVED CITIZENS BY CITY COUNCIL - Provides an

opportunity for the public to address the Council on items which are not on the
agenda. Comments should not be more than five minutes in length. The Mayor may
adjust that time limit based upon the number of persons seeking to comment. This
comment period may not be used to make personal attacks, to air personality
grievances, to make political endorsements or for political campaign purposes.
Council Members will not enter into a dialogue with citizens, and questions from
Council will be for clarification only. This period will not be used to problem solve

issues or to react to the comments made, but rather for informational purposes only.
6.

Business removed from the Consent Agenda will be discussed at this time

7.

Recess for Economic Development Authority Meeting:

8.

Reconvene

9.

General Business:
A.

Planning and Development

1. Update to Fee Schedule for Certificate of Occupancy, Ord. No. 947 (B,E)

B.

Public Works and Engineering

1. Update on Memorial Bridge and Drainage Improvements in The Landing (D,E)

10.

Liaison and Administrator Reports

11.

Other Business

12.

Adjourn to October 18 2016 at 7:00 p.m.

4.A.1.

Consent Business
TO:

Mayor and City Council

FROM:

Elizabeth Carlson, Evidence Technician

DATE:

10/04/2016

SUBJECT: *Authorize Disposal of Surplus Property - Bikes/Miscellaneous (F)

Action Sought
The Shakopee Police Department is seeking Council approval to declare the listed property
as surplus and authorize its disposal.
Background
The Shakopee Police Department is requesting that the attached property list be declared
surplus. The property has been in possession of the police department for several months
and ownership cannot be determined. A list of the property was published in the Shakopee
Valley News as required by City Code. Customarily, unclaimed property is sold through a
public auction and bikes are auctioned at the Citys Wheelies event. Property that the
police department deems inappropriate for public auction is destroyed.
Recommendation
Staff recommends that council declare listed property as surplus and authorize its disposal.
Budget Impact
There is no impact on the police department budget.
Relationship to Vision
This action supports Goal F: Housekeeping item
Requested Action
If Council concurs, they should, by motion, declare the listed property surplus and
authorize its disposal per City Code.
Attachments

Surplus Bikes

4.A.2.

Consent Business
TO:

Mayor and City Council

FROM:

Jeff Tate, Police Chief

DATE:

10/04/2016

SUBJECT: *2017 Toward Zero Deaths Traffic Enforcement Grant, Res. No. 7766 (A)
Action Sought
City Council is asked to adopt Resolution Number 7766, a resolution to enter into a grant
agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for
participation in the Toward Zero Deaths Enforcement Project. A resolution is required from
the city, acting as the fiscal agent for the grant.
Background
The Toward Zero Deaths Enforcement Project, formerly known as the Safe and Sober
project, is a federally funded program administered by the Minnesota Department of Public
Safety's Office of Traffic Safety. The project is dedicated to addressing issues of traffic
safety through highly publicized overtime enforcement projects.
The Toward Zero Deaths Enforcement Project consists of overtime enforcement education
waves. The overtime enforcement waves occur in October, around the holidays, over
Memorial Day weekend, in July, and over Labor Day weekend.
The key objectives of the project are to reduce impaired driving, distracted driving,
speeding and traffic accidents while increasing seat belt usage in our community. Some key
secondary objectives include reducing traffic complaints and alcohol usage by minors. A
successful project will result in a safer community.

Recommendation
Authorize the appropriate City officials to enter into a grant agreement as the fiscal agent
with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project
entitled 2017 Toward Zero Deaths Enforcement Grant, during the period of October 1,
2016, to September 20, 2017, for the amount of $113,875.
Budget Impact
No budget impact. The grant does not require a local match of the officer's overtime. If
accepted, the City of Shakopee will serve as the fiscal agent for all Scott County
Departments included in the grant. Those departments include the Scott County Sheriff's
Office, Shakopee Police Department, New Prague Police Department, Belle Plaine Police
Department, Jordan Police Department, Elko New Market Police Department, Prior Lake
Police Department, and the Savage Police Department.
Relationship to Vision
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active
and quality lifestyles.
Requested Action
If Council concurs, they should offer Resolution Number 7766, a Resolution of the City of
Shakopee, Minnesota, Regarding Participation in the Minnesota Department of Public
Safety's 2017 Toward Zero Deaths Enforcement Grant, and move its adoption.
Attachments
Resolution #7766
2017 TZD Grant Agreement
Certification Regarding Lobbying

4.A.3.

Consent Business
TO:

Mayor and City Council

FROM:

Craig Robson, Captain

DATE:

10/04/2016

SUBJECT: *Acceptance of U.S. Dept. of Justice Body Worn Camera and Implementation
Grant Agreement (A,B,D,E)
Action Sought
The Council is asked to approve the Body Worn Camera and Implementation Grant
Agreement, No. 2016-BC-BX-K090, with the US Department of Justice.
Background

On April 19, 2016 Resolution 7711 was passed by City Council approving the grant
application to obtain Body Worn Cameras and supporting software and hardware to
develop and implement camera and data usage, recording, access and storage policies. If
awarded, the Council agreed to accept said award, with the understanding Council may
enter into a grant agreement with the U.S. Department of Justice. On September 26, 2016
the Shakopee Police Department was awarded a Body Worn Camera and Implementation
Grant award in the amount of $60,000.
Budget Impact

This grant requires a local match of $60,000 which Council approved funding from the
Police Departments Forfeiture Fund.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and
change.
D. Maintain, improve, and create strong partnerships with other public and private sector
entities.
E. Deliver effective and efficient public services by a staff of well-trained caring and
professional employees.
Requested Action

If City Council concurs, it should, by motion, approve the Body Worn Camera and

Implementation Grant Agreement, NO. 2016-BC-BX-K090, with the US Department of

Justice.
Attachments
US Dept. of Justice Body Worn Camera Grant Agreement
Resolution 7711

4.A.4.

Consent Business
TO:

Mayor and City Council

FROM:

Jeff Tate, Police Chief

DATE:

10/04/2016

SUBJECT: *Renew Scott County Multi-Hazard Mitigation Plan, Res. No. 7777 (A)
Action Sought
Authorize city officials to adopt Resolution No. 7777, to renew the Scott County MultiHazard Mitigation Plan.
Background
City staff has participated in planning related to hazard mitigation. This mitigation
planning process was established under the Disaster Mitigation Act of 2000. Because the
County Hazard Mitigation Plan includes the City of Shakopee, it can be adopted and serve
as a City mitigation plan, with Council approval. All other entities in Scott County have
adopted the plan.
The Hazard Mitigation Plan includes a risk assessment including past hazards, hazards that
threaten the County, an estimate of structures at risk, a general description of land uses and
development trends. Additionally, the plan includes mitigation strategies, goals and
objectives and an action plan identifying future mitigation projects.
The plan has been approved by the Minnesota Division of Homeland Security and
Emergency Management and the Federal Emergency Management Agency. This plan will
qualify the City of Shakopee for FEMA hazard mitigation assistance grants.
The Multi-Hazard Mitigation Plan can be found at the Scott County website http://www.scottcountymn.gov/documentcenter/view/5290.
Recommendation
Staff recommends adopting Resolution No. 7777, renewing the Scott County Multi-Hazard
Mitigation Plan.
Budget Impact

There is no financial impact to the City of Shakopee. Failure to adopt the plan will
adversely affect the City's ability to secure Federal funding for future Emergency
Management expenses.
Relationship to Vision
This action supports: Goal A - Keep Shakopee a safe and healthy community where
residents can pursue active and quality lifestyles.
Requested Action
The City Council, if they concur, should by motion, adopt Resolution No. 7777, a
Resolution Renewing the Scott County Multi-Hazard Mitigation Plan.
Attachments
Resolution #7777

4.B.1.

Consent Business
TO:

Mayor and City Council

FROM:

Ryan Halverson, Senior Engineering Technician

DATE:

10/04/2016

SUBJECT: *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2016-1 Street Reconstruction Project, Res. No. 7773 (E)

Action Sought
Adopt Resolution No. 7773, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 2016 Street
Reconstruction, Project No. 2016-1.
Background
On March 15, 2016, City Council adopted Resolution No. 7695, approving the plans and
specifications and ordering the advertisement for bids for the 2016 Street Reconstruction,
Project No. 2016-1. On April 19, 2016, City Council adopted Resolution No. 7714, a
resolution which accepts the bids and awards the contract for the 2016 Street
Reconstruction Project. The improvements have essentially been completed with the final
costs for construction at $1,927,976.18. The total costs associated with street lighting,
administration, financing and engineering for the project is $203,531.30. The attached
resolution shows how these costs are being paid and the total cost to be assessed.
Recommendation
Adopt Resolution No. 7773, declaring the cost to be assessed and ordering the preparation
of proposed assessments for the 2016 Street Reconstruction, Project No. 2016-1, with a
public hearing to be held on November 1, 2016.
Budget Impact
Project financing sources include the Sanitary Sewer fund, Storm Sewer fund, Shakopee
Public Utilities, Capital Improvement fund (CIF) and assessments to the benefiting
properties. From the preliminary engineering report to the project completion, the funding
summary is as follows:

Assessments
CIF
Sanitary Sewer Fund
Storm Sewer Fund
Shakopee Public Utilities
Total Costs

Preliminary Engineering
Report
$ 428,988.00
$ 1,059,012.00
$ 344,000.00
$ 217,000.00
$ 527,000.00
$ 2,576,000.00

Project Completion
$ 325,718.40
$ 806,826.32
$ 293,408.50
$ 183,086.08
$ 522,468.18
$ 2,131,507.48

Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of welltrained, caring, and professional employees.
Requested Action
Adopt Resolution No. 7773, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 2016 Street
Reconstruction, Project No. 2016-1.
Attachments
Res. No. 7773

4.B.2.

Consent Business
TO:

Mayor and City Council

FROM:

Bruce Loney, Public Works Director

DATE:

10/04/2016

SUBJECT: *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2016-3 Bituminous Reclamation Improvement Project, Res. No. 7774 (E)
Action Sought
Adopt Resolution No. 7774, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 2016
Bituminous Reclamation, Project No. 2016-3.
Background
On March 15, 2016, City Council adopted Resolution No. 7696, approving the plans and
specifications and ordering the advertisement for bids for the 2016 Bituminous
Reclamation, Project No. 2016-3. On April 19, 2016, City Council adopted Resolution No.
7719, a resolution which accepts the bids and awards the contract for the 2016 Bituminous
Reclamation Project. The improvements have essentially been completed with the final
costs for construction at $286,096.01. The total costs associated with administration,
financing and engineering for the project is $41,082.84. The attached resolution shows
how these costs are being paid and the total cost to be assessed.
Recommendation
Adopt Resolution No. 7774, declaring the cost to be assessed and ordering the preparation
of proposed assessments for the 2016 Bituminous Reclamation, Project No. 2016-3, with a
public hearing to be held on November 1, 2016.
Budget Impact
Project financing sources include the Storm Sewer fund, Capital Improvement fund (CIF)
and assessments to the benefiting properties. From the preliminary engineering report to
the project completion, the funding summary is as follows:

Assessments
CIF
Storm Sewer Fund
Total Costs

Preliminary Engineering
Report
$ 212,999.97
$ 497,000.03
$ 10,000.00
$ 720,000.00

Project Completion
$ 98,153.54
$ 226,929.63
$ 2,095.68
$ 327,178.85

Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of welltrained, caring, and professional employees.
Requested Action
Adopt Resolution No. 7774, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 2016
Bituminous Reclamation, Project No. 2016-3.
Attachments
Res. No. 7774

4.B.3.

Consent Business
TO:

Mayor and City Council

FROM:

Bruce Loney, Public Works Director

DATE:

10/04/2016

SUBJECT: *Declare Amounts, Prepare Assessments and Set a Public Hearing Date for the
2015-7 4th Avenue & Shenandoah Improvements Project, Res.No. 7775 (E)
Action Sought
Adopt Resolution No. 7775, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 4th Avenue &
Shenandoah Drive Improvements, Project No. 2015-7.
Background
On March 2, 2016, City Council adopted Resolution No. 7690, approving the plans and
specifications and ordering the advertisement for bids for the 4th Avenue & Shenandoah
Drive Improvements, Project No. 2015-7. On April 19, 2016, City Council adopted
Resolution No. 7717, a resolution which accepts the bids and awarded a contract for this
project. The improvements have essentially been completed with the final costs for
construction at $2,005,582.67. The total costs associated with street lighting, railroad work
& permits, administration, financing and engineering for the project is $433,624.31. The
attached resolution shows how these costs are being paid and the total cost to be assessed.
Recommendation
Adopt Resolution No. 7775, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 4th Avenue &
Shenandoah Drive Improvements, Project No. 2015-7.

Budget Impact
Project financing sources include the Sanitary Sewer fund, Storm Sewer fund, Shakopee
Public Utilities, Capital Improvement fund (CIF), Tax Increment Financing (TIF) and
assessments, to the benefiting properties on 4th Avenue. From the preliminary engineering
report to the project completion, the funding summary is as follows:

TIF
CIF (Valley Park Drive)
Sanitary Sewer Fund
Storm Sewer Fund
Shakopee Public Utilities
Assessments (30% Street
Improvements) & Certainteed
Driveway
New Sanitary & Water Services
Assessments
TOTAL COSTS

Preliminary Engineering
Report
$ 2,319,076.00
$0
$ 15,510.00
$ 51,068.74
$ 94,050.00

Project Completion

$ 254,446.24

$ 251,219.78

$ 21,436.80

$ 63,981.42

$ 2,755,587.78

$ 2,439,206.98

$ 2,018,643.95
$ 35,308.41
$0
$0
$ 70,053.42

The amount of TIF is from the Amazon project which is estimated to be $2,319,076.00.
Current projection is to use $2,018,643.95 of the TIF for project improvements. Any
remaining TIF would be property tax to be split to the taxing jurisdictions.
Relationship to Vision
This supports Goal E: Deliver effective and efficient public services by a staff of welltrained, caring, and professional employees.
Requested Action
Adopt Resolution No. 7775, a resolution declaring the costs to be assessed, ordering the
preparation of proposed assessments and setting a public hearing date for the 4th Avenue &
Shenandoah Drive Improvements, Project No. 2015-7.
Attachments
Res. No. 7775

4.B.4.

Consent Business
TO:

Mayor and City Council

FROM:

Mike Hullander, Public Works Superintendent

DATE:

10/04/2016

SUBJECT: *Amend City Code Chapter 74: Schedule I Pertaining to Vehicle Parking
Restrictions, Ord. No. 946 (E)
Action Sought
Offer Ordinance No. 946, an ordinance pertaining to vehicle parking restrictions and
amending Chapter 74: Schedule I of the city code and move its adoption.
Background
Public Works is requesting Council adopt Ordinance 946 (attached) amending city code
Chapter 74: Schedule I. Staff is requesting to repeal Schedule I. - Section A.2. in its
entirety. This section prohibits parking at any time from November 1 through March 31 on
both sides of Second Ave. from Sommerville St. to Naumkaeg St. Staff believes this is
unnecessary as it is too restrictive. Staff is recommending designating Second Ave. from
Sommerville St. to Naumkaeg St. as an Snow Emergency Route which prohibits parking
only during a snow emergency. This change was initiated by residents living along 2nd
Avenue.
Staff is also requesting to amend the Central Business District parking hours area by
adding Lewis St., Holmes St., Fuller St. from Third Ave. to Second Ave. Currently the
parking hours on these streets only go from second Ave. to First Ave and the commercial
district extends to 3rd Avenue along these streets..
Recommendation
Staff recommends adopting Ordinance 946.
Budget Impact
No budget impact.

Relationship to Vision

E. Deliver effective and efficient public services by a staff of well-trained caring and
professional employees.
Requested Action
Offer Ordinance No. 946, an ordinance pertaining to vehicle parking restrictions and
amending Chapter 74: Schedule I of the city code and move its adoption.
Attachments
Ordinance 946
Winter Parking Map

4.C.1.

Consent Business
TO:

Mayor and City Council

FROM:

Jamie Polley, Parks & Recreation Director

DATE:

10/04/2016

SUBJECT: *Acceptance of Multiple $1,000.00 Donations for the Shakopee Fun For All
Playground, Res. No. 7776 (A,B,D)
Action Sought
To accept multiple donations of $1000.00 or more for the Shakopee Fun For All
Playground.
Background
On March 2, 2016 the City Council approved the concept of an inclusive playground at
Lions Park and authorized the fundraising efforts of the Fun For All Task Force for the
park equipment. Task force members have been meeting with individuals, local business
owners, corporations and various organizations.
Many generous donators have come forward in many ways. Some of the donators have
donated $1,000.00 or more to the project. Per the city requirements for donations, any
monetary donation of $1,000 or more needs to be accepted by two-thirds vote of the City
Council. Three significant donations of $1,000 or more have been received from
individuals who are wonderful supporters of the community. The donators include
Marianne & Philip Kanning Family ($2,000), The Sorah Family, and Dawn & Mark
McQuillan ($1,500).
Recommendation
To accept the generous donations in support of the Shakopee Fun For All Playground.
Budget Impact
The donation helps to meet the funding goal of $400,000 to construct the inclusive
playground.

Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
B. Positively manage the challenges and opportunities presented by growth development
and change.
D. Maintain improve and create strong partnerships with other public and private sector
entities.
Requested Action
If the City Council concurs, it should, by motion adopt Resolution No. 7776, a resolution
of the City of Shakopee, Minnesota, accepting multiple $1,000.00 donations for the
Shakopee Fun For All Playground, and move its adoption.
Attachments
Resolution No 7776

4.D.1.

Consent Business
TO:

Mayor and City Council

FROM:

Darin Nelson, Finance Director

DATE:

10/04/2016

SUBJECT:

*City Bill List (F)

Action Sought
Attached is the most recent monthly Financial Report for the General fund. These reports
reflect the expenditures as recorded for 2016 activity. The following transactions are
notable for this reporting cycle:
Emergency Automotive Mobil Unit has completed the set up on 6 new 2016 police
vehicles, $40,212.54.
Minnesota/Wisconsin Playground has requested payment for the new playground
equipment, demo and installation of equipment at Stans Park, $79,544.00.
Park Construction Co has completed 83% of the 4th Ave & Shenandoah Dr Improvement
project.Pay voucher #4, for period 8/1/2016 9/3/2016, $562,916.88.
RJM Construction, LLC has estimated they are 50% complete with the
Shakopee Community Center Renovation & Ice Arena Construction. Pay voucher #7 for
period ending August 31, 2016, $2,655,252.11.

Included in the check list are various refunds, returns, and pass through.
Action Requested

Move to approve the bills and electronic funds transfers in the amount $3,842,236.17
payroll transfers in the amount of $500,926.56 for a total of $4,343,162.73.

Attachments
Bill List
Monthly Financial
Check Register
Check Summary

4.D.2.

Consent Business
TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

10/04/2016

SUBJECT:

*City Council Minutes (F)

Action Sought
Approve the Council minutes from August 16, 2016.
Attachments
August 16, 2016

4.D.3.

Consent Business
TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

10/04/2016

SUBJECT: *Accept the Interview Committee's Recommendation for Boards and

Commissions (F)
Action Sought
Approve the interview committee's recommendation to fill the vacancies on the EDAC.
Background

The city has advertised for volunteers interested in filling vacant seats on the EDAC. On
September 7 and 26, an interview panel consisting of Councilors Matt Lehman and Jay
Whiting and a representative from the EDAC interviewed a total 4 applicants. After
reviewing the qualifications, the interview committee is making the following
recommendations for the EDAC:
Tonay LaLonde for the remaining term expiring on February 28, 2017
Francis Klinkner for the remaining term expiring on February 28, 2018
Martin Thurber for the remaining term expiring on February 28, 2018
Alisha Glenzinski for the remaining term expiring on February 28, 2019
Budget Impact

There is no budget impact associated with this action.

Relationship to Vision

Goal F: Housekeeping
Recommendation

Approve the interview committee's recommendations for the EDAC.

4.D.4.

Consent Business
TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

10/04/2016

SUBJECT: *Approve a Massage Therapy Business and a Massage Therapist License (F)
Action Sought
Grant a massage therapy business license and massage therapist license to
Lyudmila Lelyukh.
Background

Staff has received an application for a massage business license and a massage therapist
license from Lyudmila Lelyukh, located at 1275 Ramsey Street, Suite 600.
During the customary background investigation, the Police Department has learned nothing
that would prevent the issuance of the licenses.
Relationship to Vision

Goal F: Housekeeping
Recommended Action

Grant a massage therapy business and massage therapist licenses to Lyudmila Lelyukh,
1275 Ramsey Street, Suite 600.

4.D.5.

Consent Business
TO:

Mayor and City Council

FROM:

Lori Hensen, City Clerk

DATE:

10/04/2016

SUBJECT: *VFW Request to Allow Alcohol to be Consumed in Parking Lot for

Oktoberfest Celebration (F)
Action Sought
Approve the suspension of city code 114.11 Consumption and possession of alcoholic
beverages on street, public property, private parking lots to which the public has access,
and other private property, allowing the VFW to host an Oktoberfest Celebration on
October 15.
Background

Staff has received a request from the VFW to fence in their parking lot on October 15 from
1 p.m. until 6 p.m. for their Oktoberfest Celebration. No alcohol will be sold outside of
their building, however, patrons may possess alcohol in the parking lot. The request and
map are attached. They will have tables and chairs and a bean bag tournament.
Both the Chief of Police and the Fire Marshal have reviewed the request and have no
issues granting the suspension of the code.
Relationship to Vision

Goal F: Housekeeping
Recommendation

Staff recommends approving the suspension of city code 114.11 and granting permission to
the VFW to have a fenced section of their parking lot to be used for an Oktoberfest
Celebration on October 15, 2016 from 1 p.m. until 6 p.m.
Attachments
VFW Request

4.D.6.

Consent Business
TO:

Mayor and City Council

FROM:

William H. Reynolds, City Administrator

DATE:

10/04/2016

SUBJECT:

*Modification of adopted City Council Norms of Behavior (F)

Action Sought
To modify the adopted Norms of Behavior for the operation of the City Council
Background

On February 16, 2016 the City Council adopted its Norms of Behavior for the Operation of
the City Council and its members. Those adopted norms are attached for reference.
Discussion

There has been a request to make an addition to the listed eight norms as follows:
9. If a member of City Council or staff requests a recess, a motion should be made by a
member of the Council and seconded, followed by a vote on the motion without delay.
The reasoning for the request is as follows. The first objective is to recognize that many
reasons exist for a recess including restroom breaks, or personal family issues that may
arise during a City Council meeting. In addition, a recess could be used to diffuse a
situation that has become tense or overly emotional. Staff could also use the request to
retrieve information at the request of Council.
The ultimate purpose of the request is to reinforce the level of respect and trust between
individual council members and staff while also improving the safety and security of the
organization.
Requested Action

To modify the Norms of Behavior for the operation of City Council by adding number nine
as outlined above.
Attachments

Norms of Behavior

9.A.1.

General Business
TO:

Mayor and City Council

FROM:

Michael Kerski, Director of Planning and Development

DATE:

10/04/2016

SUBJECT: Update to Fee Schedule for Certificate of Occupancy, Ord. No. 947 (B,E)
Action Sought
Adopt Ordinance No. 947, an ordinance amending the adopted 2016 fee schedule and order
its publication.
Background
The City Council had questions concerning the Certificate of Occupancy (CO)
requirements, costs and process and asked for additional information.
Currently, any building permit will be completed with the issuance of a Certificate of
Occupancy. That inspection cost is included in the overall Building Permit fees. That CO is
valid for the life of the building or until the building use or occupancy changes.
With any new occupancy or change of use, Minnesota Administrative Rules and the
Minnesota State Building Code (MSBC) require a new Certificate of Occupancy to be
issued.
Staff is proposing that any change of occupancy or use will require a new CO to be issued.
The fee for any CO inspection will be $50.
Typically, insurance companies and lenders will ask occupants and/or the city for a copy of
the current CO to ensure the use is lawful and that the building has been inspected.
The CO process was created to ensure that the building is being used to its proper use
classification. There are four steps to receive a CO. 1.) An occupant applies to the building
department and lists the proposed occupancy and use. 2.) The Planning Division will
check that the use is permitted at the location. 3.) Building will inspect the property and
will also advise the Fire Marshall of the inspection. Subject to no violations or tenant up fit
requirements, 4.) the Building Department will issue the CO.

Inspections are critical to ensure that buildings are being properly occupied. Items checked
including ensuring exits are not blocked and that no significant changes have been made to
the interior and exterior and that the proposed use is proper for the property. CO
inspections are critical for public safety and for the safety of first responders. Shakopee
has several large industrial complexes where upon inspection, items have been found that
are hazardous or may present hazardous conditions for first responders. This has included
inside storage of vehicles with gasoline in tanks, stacking materials to the ceilings, and
installation of metal bars on windows limiting emergency access. There are also users
occupying spaces that would have required a Conditional Use Permit.
Unoccupied spaces will be stickered with a notice label advising that prior to any
occupancy, a CO inspection is required and to contact the Building Department for
application information.
The CO process ensures that users and the city communicate how a property is proposed to
be used and ensures the safety of both the public and first responders.
Recommendation
Approve Ordinance No. 947.
Budget Impact
None.
Relationship to Vision
Goal B: Positively manage the challenges and opportunities presented by growth
development and change.
Goal E: Deliver effective and efficient public service by a staff of well trained caring and
professional employees.
Requested Action
Approve Ordinance No. 947, an ordinance amending the adopted 2016 fee schedule and
order its publication.
Attachments
Ordinance 947

9.B.1.

General Business
TO:

Mayor and City Council

FROM:

Bruce Loney, Public Works Director

DATE:

10/04/2016

SUBJECT: Update on Memorial Bridge and Drainage Improvements in The Landing

(D,E)
Action Sought
Review the updated material for the Memorial Bridge and The Landing Drainage
Improvements and provide staff direction, if any.
Background
City Council authorized WSB & Associates to perform design services for a new crossing
over the Mill Pond channel in Memorial Park. The City did receive a DNR Grant
($150,000) and SMSC funds ($10,000) towards the crossing.
Attached is a concept drawing showing a potential design and trail connection which
would connect the existing state trail to the new state trail through the park. This drawing is
a concept that would need to be discussed with DNR staff, Scott County staff and others.
Staff will go through the concept and issues to update the Council on the project.
The second update is on drainage improvements and stabilization of channel by burial
grounds in The Landing. Staff has been working with Three Rivers Park District,
Minnesota Indian Affairs Council, and Shakopee Mdewakanton Sioux Community staff to
come up with the attached plans.
This drainage channel is an outlet for the east half of the Amazon site and an improved
outlet was included in the CIP for 2016 (see attached CIP sheet). These improvements will
protect burial mounds in the area and provide conduits for drainage under the park road
instead of over the road currently.
This work is planned to be done with Public Works staff and working with Three Rivers
Park District staff. Staff will be investigating options to handle storm water to the
Minnesota River.

Attached also with this memo is a letter from the Minnesota Indian Affairs Council and
permit from Three Rivers Park District for access on park district land to install the
improvements.
Recommendation
Staff intends to move forward with design on a Memorial Trail Bridge and to install
drainage improvements in The Landing. Provide staff with any direction, if any.
Budget Impact
Memorial Bridge impacts the park asset funding. Drainage Improvements impact the
Surface Water fund.
Relationship to Vision
This supports Goals D & E: Maintain, improve and create strong partnership with other
public and private sector entities; and deliver effective and efficient public services by a
staff of well-trained, caring and professional employees.
Requested Action
Review the updated material for the Memorial Bridge and The Landing Drainage
Improvements and provide staff direction, if any.
Attachments
Trench Drain Plan
Drainage Stabilization Plan
Letter
Permit
CIP Sheet
Concept Drawing

TENTATIVE AGENDA
Shakopee Economic Development Authority
Regular Session

7:00 p.m.

October 4, 2016

LOCATION Council Chambers City Hall 129 Holmes Street South

1.

Roll Call

2.

Approval of the Agenda

3.

Consent Business
A.

4.

General Business
A.

5.

Approve the EDA Minutes

Consideration of Modifications to the Commercial Exterior Improvement Loan

Program
Adjourn to Tuesday, October 18, 2016 at 7:00 p.m.

Note to EDA Members:

If you have any questions or need additional information on any of the above items, please call
Samantha DiMaggio prior to the meeting at (952) 233-9317.

3.A.

Consent Business
TO:

Economic Development Authority

FROM:

Lori Hensen, City Clerk

DATE:

10/04/2016

SUBJECT:

Approve the EDA Minutes

Action Sought
Approve the EDA minutes from August 16, 2016.
Attachments
August 16, 2016

4.A.

General Business
TO:

Economic Development Authority

FROM:

Samantha DiMaggio, Economic Development Coordinator

DATE:

10/04/2016

SUBJECT: Consideration of Modifications to the Commercial Exterior Improvement Loan

Program
Background
Due to program underutilization, the Facade Improvement Program was modified in
October 2013 to create the Commercial Exterior Improvement Program. Council has
asked that this program be modified to insure that the improvements being financed are
truly facade improvements and not deferred maintenance. Based on their
recommendations, staff is now suggesting the following changes:
Current Program:
Name of the program - Commercial Exterior Improvement Program
50% of the project costs to be eligible as a forgivable loan by the city with a maximum
award of $25,000
Eligible expenses are limited to improvements which are visible from the street(s).
Examples include roofs (flat or pitched), windows, doors, siding, brick, removal of blight
from property, planting of trees, painting, lighting, awnings, restoration of historic details,
etc.

Recommended Modifications:
New Name Commercial Facade Improvement Program (FIP)
50% of the project costs to be eligible as a forgivable loan by the city with a maximum
award of $30,000. Projects with significant community impact may be eligible for a larger
award.
Building renovations in the Downtown should adhere to the extent practicable to the City
of Shakopee Downtown Design Guidelines, 1999, to have the maximum impact.
Eligible improvements include those items visible from the street, including: exterior
building improvements (cosmetic and/or structural); signage; lighting and landscaping.
Examples include, but are not limited to: exterior painting or surface treatment; decorative
awnings; window and/or door replacements or entrance modifications; storefront

replacements or enhancements; streetscape; outdoor patios and decks; exterior wall

lighting; restoration of architectural features. Landscaping expenses, when part of a larger
project, may be included in the total costs. Fees for architects, engineers or other design
professionals may also be considered as part of the project costs.
Improvements or repairs that are required as a result of a violation or citation are not
eligible for funding through the FIP. However, improvements that are the result of
voluntary compliance and the applicants desire to bring a property into conformance with
the Citys current design standards will be considered.
Improvements will be considered as part of a total project. For instance, if the applicant
proposes to replace the windows, the City may recommend that sills also be repaired or
replaced.
Site furnishings, amenities, non-permanent structures or improvements or movable
equipment are not eligible for funding through the FIP.
All improvements must obtain any required approvals and/or permits.
Any renovations that are solely the result of ordinary repair and maintenance are not
eligible for funding through the FIP. Ordinary repair and maintenance is defined as any
work, the purpose and effect of which is to correct or prevent any deterioration or decay,
or damage to, a structure, site or any part thereof and to restore the structure or site, as
nearly practicable, to its condition prior to such deterioration, decay, or damage using
materials that are of a design, color and outer appearance as close as practicable to the
original.

Modifications to the marketing materials, application and repayment agreements would be

made to reflect these changes.
Action Sought
If the EDA concurs, it should, by motion, approve these modifications to the current
Commercial Exterior Improvement Program, so as to create a new
Commercial Facade Improvement Program.
Attachments
Previous Policy
2016 Recommended Policy
Revised Policy