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HomeMy WebLinkAbout07/20/1982 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-agenda Informational Items DATE: July 15 , 1982 1 . Reminder. I will be on vacation from July 14th to July 20th, but will be back for the City Council meeting the evening of the 20th. 2 . We have received an official appeal from Air Products & Chemicals , Inc . re : their $11 ,367 special assessment for Valley Industrial Boulevard South, and I have sent it to Rod. No other appeals have been officially filed to date . 3 . There are two items of interest in this months League magazine. One deals with the Star City Program in Montevideo and the other, in the "Housing & Community Development Briefs" section, noted that the timetable for HUD' s acceptance of applications for their Small City Community Development Block Grant (CDBG) has been pushed back to October or November. 4. Lee Hennen and I will be including a section in the medical insur- ance specifications for Councilmembers as an alternative. Lee says companies don' t normally cover anyone working less than a 25 hour week, but we can give it a try. I had our intern do a quick telephone survey of 9 area suburbs to find out how other cities might be handling such coverage but none of them provided it , so it appears we will be trying something new. 5 . Reminder. A staff member recently listened to a tape of a Council meeting to clarify a Council motion and stopped back to tell me that the tape was of poor quality. Much of the problem appears to be from miscellaneous discussions , paper rattling, and other noise - even coffee pouring was picked up. All of us , staff , Council and the public should remember to hold down unnecessary noise during the meeting. 7 . Attached is a public notice to the City regarding the restructuring of Minnegasco. It will not affect us , but we have more informa- tion if you are interested. 8 . Attached is the notice of proposed rate increase for Minnegasco. It will be discussed at the Suburban Rate Authority' s July 21 , 1982 meeting. We willknow from that meeting if cities plan to protest the increase . 9 . Attached is a definition of "substantially complete" a term used in our Developers Agreement ( old and new) . Bo will be incorporat- ing it in his revised standards and specifications this year. 10 . Attached is the Revenue and Expenditure Report for the period ending June 30 , 1982 . Non-agenda Informational Items Page Two July 15 , 1982 11 . Attached is the Fund Balance Summary for the period ending June 30 , 1982 . 12 . Attached is an example of the new format for our program budgets . This is the one we just ordered from Logis . 13 . Attached are the minutes of the June 24, 1982 Planning Commission meeting. 14. Attached are the minutes of the June 24, 1982 Board of Adjust- ments and Appeals meeting. 15 . Attached are the minutes of the June 7 , 1982 and June 15 , 1982 SPUC meetings . 16 . I just received Local #320 ' s (Police and Public Works ) union contract demands . I have Gregg costing them out while I 'm on vacation, but I 'm pleased that their key demands are as realistic as they are : 1 . 6% salary adjustment ( includes 6% for police longevity and minor equity adjustments for public Works not specified) . 2 . 100% contribution for Health & Life insurance (we currently pay $105 maximum) . 3 . Increased vacation. I will have a more detailed report for you in early August before we meet with the barganing unit . 17 . Attached is the Building Activity Report for June, 1982 . 18 . Attached is a letter from J. E. Lewis , Manager, Governmental Compliance, Sunohio , regarding their request to operate a PCBX in Shakopee . A copy has also been sent to Al Frechette , Tom Brownell and Butch Ring. RECEIVE4 ` JUL 021932 CIT OF SHAKOPEE EXISTING COMPANY STRUCTURE Minnesota Gas Company Non-Utility Subsidiaries: I Bruest Industries, Inc. 733 Corporation The Preserve of Eden Prairie, Inc. The Ohio Fuel Supply Co. Minnegasco Energy Center, Inc. Third Avenue Development Company (50%) PROPOSED HOLDING COMPANY STRUCTURE Diversified Energies, Inc. Non-Utility Subsidiaries: Bruest Industries, Inc. Minnegasco, Inc. 733 Corporation (formerly Minnesota Gas Company) The Preserve of Eden Prairie, Inc. The Ohio Fuel Supply Co. Minnegasco Energy Center, Inc. Third Avenue Development Company (50%) MinnegascoGene Nessly President, Gas Operations Division July 1, 1982 The Honorable Eldon Reinke Mayor of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mayor Reinke: Minnesota Gas Company is holding a special meeting of stockholders July 27, 1982 to authorize the reincorporation of the company from a Delaware corporation to a Minnesota corporation. Following stockholder approval for this change, a special stockholder meeting of the new Minnesota corporation will be held July 28 to authorize a change in the company' s corporate structure to form a holding company. The restructuring will provide greater flexibility for further expansion into non-utility businesses while maintaining dependable gas utility services. The utility company will be named "Minnegasco, Inc. " and will be a corporation devoted exclusively to the business of gas utility services. Present and future non-utility busi- nesses will be separate from and will be operated independently from the Minnegasco utility organization. Minnegasco and non-utility businesses will be subsidiaries of a new holding company named "Diversified Energies, Inc. " Common stockholders of Minnesota Gas Company will become the common stockholders of Diversified Energies, Inc. Minnesota Gas Company has for over ten years pursued a course of developing non-utility businesses in conjunction with the growth of its gas utility business. That course is critical to the future financial health of the company. Our corporate target is to achieve 25 to 35 percent of corporate earnings from non-utility business by 1986 . At present such activity constitutes less than 5 percent. The corporate restructuring is only a means to facilitate the entry into new businesses without affecting the operations of the primary business of providing dependable gas utility service. The risks and costs of non-utility businesses will be separated from those involved in providing utility services. Minnesota Gas Company 201 South Seventh Street, Minneapolis,Minnesota 55402 612-372-4788 Page 2 July 1, 1982 The diagrams enclosed with this letter show the differences between the existing corporate structure and the holding company organization. The gas utility business will continue to be important to our nation and service area for many decades to come. The business of energy related products and services will be of equal importance in the future. A balanced program, following both business directions, will benefit customers, shareholders and the communities we serve. Sincerely, Gene Nessly President, Gas Operations Division /bos Enclosure r JUL '~' 6 rC32 CITY OF SHAKOPEE NOTICE OF PROPOSED CHANGE IN RATES TO: Governing Body of Each Municipality and County Affected by the Proposed Change in Rates This Notice is being provided to you as required by Minnesota Statutes Section 216B. 16 , Subdivision 1. On May 21 , 1982 , Minnesota Gas Company ("Minnegasco" ) filed a general rate increase application with the Minnesota Public Utilities Commission ("Commission") pursuant to Minnesota Statutes Section 216B.16 . The filing has been assigned Docket No. G-008/GR-82-249 by the Commission. Minnegasco's application states that the higher rates are necessary to recover increased (1) costs of labor , material and purchased services; (2) uncollectible accounts; (3) cost of mandated customer conservation programs; (4) taxes ; (5) cost of capital funds; and (6) investment in facilities. The staff of the Minnesota Department of Public Service is cur- rently reviewing Minnegasco' s books and records . The department staff and other persons who choose to intervene in this case may contest the increase proposed by Minnegasco at the evidentiary hearing. Further notification will be sent to you when public hearings are scheduled. Interim rates will be effective for gas _service rendered on and after Jules_ 20,E 198.2 and will increase annual revenues by $21. 5 million or 4.53 percent over present rates . Final requested _ rates will generate an annual increase in revenues of approx- imately $29 .8 million , an overall increase of 6.27 percent over rates presently in effect. If any portion of the interim rate increase is disallowed by the Commission , the disallowed portion will be refunded to customers, with interest, as ordered by the Commission. While individual rate changes may be substantially higher or lower , the monthly bill for a typical residential heating customer will increase by approximately $2. 50 . The Minnegasco rate filing and requested final rate schedules are available for public inspection during normal business hours at the Department of Public Service, 790 American Center Building , I 160 East Kellogg Boulevard , St. Paul and at Minnegasco' s offices located at 201 South Seventh Street, Minneapolis; 2400 North Front Street , Mankato; and 620 West Litchfield, Willmar . If you plan to intervene as a formal party in this case , contact the Office of Administrative Hearings , 400 Summit Bank, 310 Fourth Avenue South, Minneapolis, Minnesota 55415 for information. Dated: July 2, 1982 STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION In the Matter of the Appli- cation of Minnesota Gas Company for Authority to Docket No. G-008/GR-82-249 Change its Schedule of Rates for Gas Utility Service in Minnesota CERTIFICATE OF SERVICE STATE OF MINNESOTA) ) s. s. COUNTY OF HENNEPIN) E. A. Schroedermeier , Vice President-Regulatory Affairs of Minnesota Gas Company, being first duly sworn, certifies that on July 2, 1982 , he served the attached Notice of Proposed Change in Rates by first class mail upon the governing body of each municipality and county in the area affected by the rate change , as listed on the attached pages . Alirm; _ E. A. Schroedermeier Vice President-Regulatory Affairs Minnesota Gas Company 201 South Seventh Street Minneapolis, Minnesota 55402 612/372-4745 Subscribed and sworn to before me this 2nd day of July, 1982. 247W. :4,4. , Notary Public ��►�� PATRICIA A. BURKE 1� NOTARY PURLICsay •NNIMIE1OTA v. w commission Winn...26,11166 [ ' I . BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Lillian Warren-Lazenberry Chairman Leo G. Adams Commissioner Roger L. Hanson Commissioner Terry Hoffman Commissioner Juanita R. Satterlee Commissioner In the Matter of the Application DOCKET NO. G-008/GR-82-249 of the Petition of Minnesota Gas .-� :.�F' CI' Company for Authority to Change its TtCEtAND ORDER , Schedule of Rates and Charges for R ifEARING Natural Gas Service in Minnesota. ? I _ .y30 FINDINGS AND CONCLUSIONS , 1,,_ -; /y/ 7/,7l` I . JURISDICTION i , \ I 1 The Minnesota Public Utilities Commission (the Commission) finds 1 i that a hearing is necessary in the above-entitled matter to determine the I 1 + reasonableness of certain rate increases proposed by the Minnesota Gas 1 Company (Minnegasco or the Company). The Commission is authorized to conduct such a hearing by M. S. § 216.16. II . PROPOSED RATES . 1 1 I The rates proposed by Minnegasco would generate an additional ( ! $29,758,000 of annual revenues. The effect of the proposed rates is I 11 I summarized as follows: tV' I i FIRM INTERRUPTIBLE TOTAL '• $ $ Present Rate 360,481 114,123 474,604 ;I + Requested Rate 387,367 116,995 504,362 E!! 1 ! Increase 26,886 2,872 29,758 i* Percent 7.465 2.52% 6.27% 1; t' ! A copy of the Company's requested rates is on file in the offices Iof the Department of Public Service and is open to public inspection during II I, normal office hours. A copy is also available for public inspection at the i. I Company's office, 201 South Seventh Street, Minneapolis, Minnesota 55402. i The Commission has suspended the rate schedule filed by the .I ; Company pending the hearing ordered herein. The Commission has also I directed the Company to place an interim rate increase of $21 ,521 ,000, or i I � 4.53% into effect beginning July 20, 1982. The interim rates are subject I I to refund if the Commission ultimately orders a lesser increase. i ," fil 1 l 1 1 1 t - .•.1111140111A* " I III . PROCEDURAL OUTLINE The hearing on the petition will be conducted by a Hearing Examiner appointed by the Chief Hearing Examiner of the State of • Minnesota and will be held in compliance with the applicable laws relating to the Public Utilities Commission, the Administrative Procedure Act (M. S. 55 15.0411-15.052), the Rules of the Office of Administrative 1 L Hearings (9 MCAR §i 2.201-2.222) and the Rules of Practice of the Public 1 Utilities Commission (Minn. Reg. PSC 500-521), to the extent that they have not been superseded by the Rules of the Office of Administrative 1 i I Hearings. j 11 These rules may be purchased from the Documents Section of the II L Department of Administration, 117 University Avenue, St. Paul, Minnesota 55155, 612/297-3000. j The rules provide generally for the procedural rights of the parties including: rights to advance notice of witnesses and evidence, i right to a prehearing conference, rights to present evidence and cross jexamine witnesses, and rights to purchase a record or transcript. Parties � ,,� are entitled to issuance of subpoenas to compel witnesses to attend and Alproduce documents and other evidence. t�' 4 i Any person intending to intervene as a formal party to these I . ? hearings must submit a Petition for Leave to Intervene to the Hearing 1 Examiner and serve the petition on all existing parties. The petition i' I must state how the Petitioner's legal rights, duties or privileges may be '11 i) I determined or affected by the Commission's decision in the matter and shall set forth the grounds and purposes for which intervention is sought and il . I ii ) shall indicate the Petitioner's statutory right to intervene, if one exists. 1 (!„ All parties have the right to be represented by legal counsel , by a person 1 : f )i of their choice or by themselves if not otherwise prohibited as the 1 unauthorized practice of law. A Notice of Appearance must be filed with the Hearing Examiner iwithin 20 days of the date of service of this Order if any party intends to it appear at the hearing. The Notice of Appearance is not required if the hearing date is less than 20 days from the issuance of this Order. ' ' Potential intervenors shall attend the prehearing conference I scheduled below with information which will facilitate the scheduling of 4 :1i -2- i i 1 ) t� • hearings permitting all of the parties to present their evidentiary views in a manner and within a time frame which would be as fair and expeditious as possible. Matters which may be discussed include: the reasonable time period required to prepare direct testimony for filing on all of the issues; the time period for preparation of direct testimony by intervenors; recommended areas for hearings to receive public input .t" regarding the petition; time required for parties to prepare for depositions and other discovery; and other matters that will facilitate full and fair hearings on the petition. If persons have good reason for requesting a delay of any I ' hearing, the request must be made in writing to the Hearing Examiner at i t least five days prior to the hearing.} A copy of the request must be served on the Commission and all parties. Failure to appear at the hearing may result in the issues set out herein being deemed proven. A possible result is that the rates proposed by Minnegasco may be accepted by the Commission. 1 � Following the contested hearing, the Commission may approve all or any part of the proposed rate increase but may not approve an overall II f. } increase greater than that proposed by the Company. However, the Commission may adjust rates for classes of customers to levels greater than those proposed by the Company and make other rate adjustments based upon the sl . i testimony of other parties. If no person contests the proposed rate increase I at the hearing, the rates may be approved as proposed. .1 � Any question concerning informal disposition of this matter or i discovery of information should be addressed to James T. Jarvis, Special } Assistant Attorney General, 760 American Center Building, St. Paul, Minnesota 55101 , 612/296-6030. tl• All other questions concerning this hearina should be addressed 1 ' to the Hearing Examiner assigned: i I Richard DeLong Administrative Hearings Office 400 Summit Bank Building 310 South 4th Avenue i Minneapolis, Minnesota 55415 ' i 612/341-7604 1 ORDER I I. 1 . A contested case hearing concerning this matter shall be held, commencing with a prehearing conference at the Large Hearing Room, American+ � j I -3- 4 ) 111111111111111P. Center Building, 7th Floor, 160 E. Kellogg Blvd., St. Paul , Minnesota 55101 , on Friday, July 30, 1982 at 9:30 a.m. 2. Minnegasco shall facilitate in every reasonable way the investigation of the Department of Public Service. All parties shall furnish adequate responses within 10 days to all reasonable information requests from other parties. i� 3. The Company shall keep records of sales and billings such 1 that any potential refund can be determined by computing what each customer's bill would have been during the refund period had the finally ordered I rates been in effect and subtracting such amount from the amount actually I paid by each customer during that period. I 1 1 4. This Order snail be served on Minnegasco who shall mail 1 s ' copies of the same to all municipalities in its service area, all parties Q 1 who filed petitions to intervene (timely or untimely)y) in its two most j recent rate proceedings before the Commission (Dockets No. G-008/GR-77-1237 it 1 ) and G-005/GR-80-630) and to such other persons as the Deoartment of Public Service may request. i 5. Public hearings shall be held at locations within the 1 I service area of the Company. tf' i 6. In addition to the individual notification as ordered by the f il Commission on June 23, 1982, the Company shall also publish notices of ( ' i I the prehearing conference, evidentiary hearings and public hearings in the form of newspaper display ads, at least 10 days prior to the dates of their i '1i commencement, in newspapers of general circulation in towns within its I service territory. The heading on the display ad, RATE INCREASE NOTICE, I. j must be minimum 30 point bold face type. I7. As part of its affirmative rate case presentation, Minnegasco 1 �li � snail provide the following information regarding its diversified 1 ' operations: a. The general purposes of the diversified operations and j ' the effect on ratepayers. li b. A statement of the goals of diversification including i '1 the types of non-utility activity contemplated and the I expected time frames for various stages of diversification. I 1 1 c. Describe the corporate organization plan by which fi I diversification will be accomplished. i 'II 1 ) 1 -4- 1 r . 1 d. A statement detailing the impact of diversification on the utility's corporate and financial structure. e. Indicate what proportion of the business will be devoted to non-utility activities, for example, a proportion of total assets, sales, revenues, or other relevant measure. tt" 8. This Order shall become effective immediately. BY ORDER OF THE COMMISSION 11 VJ i Randall D. oung tExecutive S cretary • i J t T ^' R q ! SERVICE DATE: UN 2 8 1982 1 ( SEAL ) I1 i 1I I i , S ) 'l !w ,I I ; 1. , i i -5- i I ti✓ 1 MEMO TO : Judith S. Cox City Clerk FROM: H. R. Spurrier 41 City Engineer RE: Developer's Agreements DATE: May 6, 1982 Pursuant to our earlier meeting, a definition of "substantially complete" was requested. "Substantially complete" when used in reference to sanitary sewer, shall mean that the sanitary sewer system has been installed, tested and accepted by the City Engineer in accordance with the City of Shakopee Design Criteria and Standard Specifications. "Substantially complete" when used in reference to watermain and the electric system shall mean that the water system and electric system has been installed and accepted by Shakopee Public Utilities. "Substantially complete" when used in reference to roadway improvements shall mean that all subgrade preparation has been completed and that a minimum of one-half the structural section of the roadway has been installed and accepted by the City Engineer. "Substantially complete" when used in reference to storm sewer improvements shall mean that the storm sewer system, at a minimum, must mitigate any potential damage to property caused by a major storm which has a 1.0 percent chance of occurrence. The City Engineer may require the developer or property owner to furnish a drainage report by a registered engineer which would analyze interim conditions. Should you have any other questions regarding the meaning of "substantially complete" as it relates to improvements covered by the Developer's Agreements please contact me. HRS/jiw Ce- , e. .. .. . - J D. J .. ♦ .t ; - �' O J .,• .! J i .1N Y -' J 9 ;.8 • J-. i- . 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Co 04 4011 WOV) Lkcoco 7Nh► poi 10 (JI .0 ;► .o CD Gri Cwt Ui LN N UI1 ";t 44 .0 A `4 Co L7r M ►-r 4) LID LT Ui .D 0 1 J 1 6 144/04C0ca h+ '4 0 CO O ff I , W1 Wr! wl 943' i �i CA I 64' ci 1 1 o1 Co Ot', , 0 1 .1 i ( • • • • • • • 6 6 • • • 6 • • • • • • l• • • • • • '• • • I • op • • • • • 0 A ,• Pf !d CSO 0 ClC3-CO C3 C 00 C3 C410 C3 00 0 0100C"3,atat0;00 a a100 0,000000 00C10a a a '.:-J'cOCl0'1 c' oa Cry 00;0 ca a;O0mics OD 0 0;c;' c, 0 a aoci 0 0 1 1 � Al • • • • • • • • 6 • • • .• • • i• • • '• • • • • • • • • • ,• • • • • • !j* • • ICaa 0.0 GSC7`.CoC40 0CS0+1 W O 010 co . 0000 C30I00Os O'0CA0CG 00 CD CJ 1 i !f j i I i I .11 /3 PROCEEDINGS OF THE SHAKOPEE PLANNING COMMISSION Adj . Reg. Session Shakopee, Minnesota June 24 , 1982 Vice Chrmn. Perusich called the meeting to order at 7 :30 P.M. , with Comm. Czaja, Coller, Stoltzman, Koehnen and Rockne present . Late : Chrmn. Schmitt . Also present : City Admin. , John Anderson ; Acting City Planner, Jeanne Andre and Ass 't . City Attorney, Rod Krass. Coller moved to approve the minutes of June 3 , 1982. Motion died for lack of second. Discussion held. Czaja/Coller moved to amend the minutes of June 3, 1982 to include the comment made by the City Engineer regarding Hauer's 2nd Addition, as follows : "City Engineer stated he would speak to the adjacent property owners of Hauer' s 2nd Addition plat to check on the possibility of a walkway easement across their property , as he anticipated they would be agreeable to granting such an easement" . Motion carried with Comm. Rockne and Koehnen abstaining due to absence at that meeting. Coller/Czaja moved to approve the minutes of June 3, 1982, as amended. Motion carried with Comm. Koehnen and Rockne abstaining. Preliminary Plat of Eagle Creek Junction: Coller/Czaja moved to open the public hearing on the Preliminary Plat of Eagle Creek Junction. Motion carried unanimously. Acting City Planner stated that with this plat a new procedure had been attempted by staff whereby approval is being requested of the preliminary plat of Eagle Creek Junction, with the applicant proposing at least three separate final plats. Chrmn. Schmitt arrived at 7 :40 P.M. Acting City Planner stated this preliminary plat consists of 21. 5 acres lying outheast of the County Road 16/17 intersection in an R-4 (Multi-family) Zone. She added staff is recommending approval of Lots 1 and 2 of Block 1 but not Block 2 due to drainage problems. She stated the County has requested an additional 7 foot roadway easement for the future widening of County Road 16 . She also outlined where the City is requesting other various easements. She added that a question remains as to whether a private or public water service easement should be required. She also stated there is a roadway easement South of Outlot B which the City has no intention of constructing, .therefore, the City is suggesting it might be a consideration to vacate that portion of land to the adjacent property owners to the south of the proposed plat to use as an addition to their own lots or sell to be incorporated in the proposed plat . Marlene Morgan and Ray Landberg had questions on this designated roadway easement . Discussion was held on their concerns and also on the buildable lot area. ,Proceedings of the June 24 , 1982 Shakopee Planning Commission Page -2- Gary Laurent and Dean Waldon, developers, were present to discuss the concept of the development proposed for Lots 1 and 2 , Block 1. Mr. Laurent stated this is proposed to be a 3-story condominium with underground parking facilities. Vice Chrmn. Perusich. asked for further concerns or questions from the audience on the preliminary plat of Eagle Creek Junction Subdivisions. There were none. Mr. Laurent then presented the concept plan of Eagle Creek Junction Subdivisions. He stated that the plan, as was being presented this evening, is extremely tentative and alterations could be made with changes in the economy . He stated the proposed density for this plat as shown on the concept plan, would be 312 units. Don Lee questioned the elevation of the units adjacent to the abandoned railway. John Nelson questioned the proposal for the section which lies across his parcel and adjacent to County Road 17. Mr. Laurent stated condo- miniums are anticipated for this portion of the plat . The concept plan provides for joint access to the proposed development and Mr. Nelson ' s apartments, via a readway to be constructed from the Southwest corner of the plat . The joint access would only be utilized if acceptable to Mr. Nelson, otherwise the roadway could be moved to the north. Mr. Laurent stated that it was the thought of the developers that cars at a high density made a subdivision look unattractive and that was the reason behind their proposal for underground parking facilities and the reason for proposing all the pedestrian walkways as shown on the concept plan. Chrmn. Schmitt voiced his concerns that this proposal did not show any walkways for the east side of County Road 17 which he felt would be especially necessary with this type of density being proposed and the non-bussing restrictions faced by the school district . Mr. Nelson voiced his concern with the possibility of pedestrian traffic going from this proposed subdivision directly through his apartment bulding lying to the south of the plat . Mr. Laurent stated this was a real concern and would have to be addressed further at the time this portion of the plat would be developed. Discussion was then held on looping water lines vs. non-looping of the water lines . Chrmn. Schmitt questioned if any activity area had been planned for the children whoc would be living in this area. Mr. Laurent stated tot lots and outdoor adult areas were being considered. Comm. Czaja questioned the water flow in the extreme Northwest part of the development and stated that there is a ponding that developes during heavy rainfall in that area and questioned what has been resolved for this run-off. Proceedings of the June 24 , 1982 Shakopee Planning Commission Page -3- Mr. Laurent stated that, in answer to Comm. Czaja' s concerns , this issue was being discussed with the engineers and several ways to handle this issue had been recommended but no decision made as to the best method. Discussion was held *on any future City of Shakopee plans for County Road 16 and the County ' s request for additional roadway easement . Comm. Koehnen questioned the bedrock on the site and the proposed underground parking. Discussion held. Comm. Coller questioned if there would be a tremendous hardship to the developer if the preliminary plat approval was tabled until the July 8th Planning Commission meeting. Discussion was held. Schmitt/Stoltzman moved to close the public hearing. Comm. Coller questioned that if it was the consensus of the Planning Commission to table the Preliminary Plat pending further discussion, then the public hearing should be continued and not closed . Discussion . Motion carried unanimously; public hearing closed. Coller/Schmitt moved that the Planning Commission table Preliminary Plat approval of Lots 1 and 2, Block 1, Eagle Creek Junction until such time as the final property description can be worked out . Motion carried unanimously . Vice Chrmn. Perusich passed the gavel to Chrmn. Schmitt . Final Plat of Eagle Creek Junction 1st Addition Coller/Rockne moved to table the Final Plat of Eagle Creek Junction 1st Addition until approval of the Preliminary Plat of Eagle Creek Junction. Motion carried unanimously . Laurent Conditional Use Permit - Eagle Creek Junction 1st Addition: Perusich/Czaja moved to open the public hearing for a request for a Conditional Use Permit to exceed the height limitation of 30 feet for multi-family structures on Lot 1, Block 1, proposed Eagle Creek Junction 1st Addition. Motion carried unanimously . Acting City Planner stated the Conditional Use Permit is being requested for a pitched roof and added it was difficult to state exactly how much height excess would be needed due to the complicated definition of height provided in the Code. Staff is recommending approval for 1 foot in excess of the height limitations , as the height of the building, as defined by Code, is estimated to be 31 feet above the established grade. Proceedings of the June 24 , 1982 Shakopee Planning Commission Page -4- Mr. Laurent stated this request is for the proposed Lot 1, Block 1, Eagle Creek Junction 1st Addition and added he felt it would be more advantageous for abutting parcels to see a sloped roof rather than a flat roof. He added that although the height of the building will remain constant , the Conditional Use Permit may need to allow for a reduction in the amount of fill brought in which will change the established grade next to the building. Lengthy discussion was held on the elevation in the area of the proposed Eagle Creek Junction. Chrmn. Schmitt asked for any other questions . Mrs . Morgan questioned the density of the R-4 Zone and stated that with this type of density she had a concern about prospective vandelism. Further discussion was held. Perusich/Koehnen moved to continue the public hearing on the request for a Conditional Use Permit to exceed the height limitation for multi-family structures to the July 8th Planning Commission meeting. Motion carried unanimously . Coller/Stoltzman moved to recess for the Board of Adjustment and Appeals meeting. Motion carried unanimously . Board of Adjustment and Appeals meeting held. Coller/Czaja moved to reconvene the meeting of the Planning Commission. Motion carried unanimously . Downtown Redevelopment Project No. 1 & Tax Increment Financing District No. 1A: Assistant City Attorney was present to explain the proposal for the Downtown Redevelopment Project No. 1 and Tax Increment Financing District No. 1A. He explained Tax Increment Financing and the advantages of this method of financing. He also informed the Planning Commission of the recent availability of a Community Redevelopment Loan which can be instituted by cities having similar conditions as Shakopee , therefore, Shakopee can take advantage of this method of financing also. He explained why the Tax Increment District was different than the proposed Downtown Redevelopment area. He added that any Tax Increment money can be spent within the Downtown Redevelopment boundaries . He also added that according to the concept plan being presented, this proposal would move the focus of the downtown area away from 1st Avenue and shift it to 2nd Avenue . Discussion was held. Coller/Stoltzman moved that the Downtown Redevelopment Project No. 1 and the Tax Increment Financing District No . 1A is found to be in conformance with the Shakopee Comprehensive Plan and moved that the Chairman of the Planning Commission be directed to write a letter to the Mayor and City Council stating the conformance of the plan as outlined and presented. Motion carried unanimously . Proceedings of the June 24 , 1982 Shakopee Planning Commission Page -5- Five-Year Capital Improvement Plan : Discussion was held on the 5-year Capital Improvement Program as proposed by City staff. Specific discussion ensued regarding the Prior Lake Overflow Project and how it would be funded. It was reported by the City Admin. that Prior Lake would be paying for the entire project . City staff time spent on the project is also being billed out to this project and Prior Lake . Discussion also took place on the priority level given to the resurfacing of the tennis courts at Stans Park. It was the concensus of the Planning Commission that this improvement be given a higher priority rating Coller/Czaja moved to forward the Capital Improvement Plan to the City Council with the recommendation that staff and the City Council reassess the bituminous projects in order to take advantage of the current economy regarding cost factors. Motion carried unaimously . St . Franicis Conditional Use Permit - Parking Lot Discussion was held on the question which had been brought up by Comm. Coller at the Planning Commission meeting of June 3rd regarding staff' s or Planning Commission' s reviewal date for the Conditional Use Permit which had been issued to St . Francis Hospital for a parking lot in an R-2 Zone on Lots 3 , 4 and 5 of Block 45, Original Shakopee Plat (4th & Scott ) . Staff had researched the file and according to Conditional Use Permit Resolution No . 266 which had been adopted by the Planning Commission on November 13, 1980 no condition for review or renewal had been made a part of this approval. Industrial Commercial Commission Joint Meeting: City Admin. stated that the Chrmn. of the Industrial Commercial Commission had suggested holding a joint meeting between their Commission, the City Council and Planning Commission to discuss how best to promote community development and how best to coordinate the activities . It was suggested to have this joint meeting in conjunction with the ICC ' s regular scheduled meeting for July 14th at the Scottland Board Room. Manufactured Homes : A report was presented by the Acting City Planner on the allowance of manufactured homes to be moved into the City of Shakopee without the need for a Conditional Use Permit . She stated that these homes are issued a plate which states it is a manufactured home so that local governments cannot place conditions on these homes , as it can for other homes moved into localities . Proceedings of the June 24 , 1982 Planning Commission Page -6- Mobile Homes - Discussion Comm. Coller questioned the new law to be effective August 1, 1982 which will allow mobile homes to be placed anywhere within the City and not just in mobile home parks . He questioned what the City of Shakopee was doing in relationship to this new law. City Admin. stated that the Building Official is looking into this law and how it concerns other cities and how other cities are dealing with this new regulation. He also added that currently mobile homes are still considered as personal property and not real estate. Lot Provision Requirements Discussion was held on the need for clarification of Section 11. 03, Subd. 3 of the Shakopee City Code, regarding "Lot Provisions" and the criteria providing for this provision. The Acting City Planner asked the Planning Commission their intent as to the issuance of Building Permits to parcels which are lots of record prior to April 1, 1978 but do not meet lot area requirements. She stated that according to the lot provision section of Code, if certain criteria are met , a Building Permit could automatically be issued to these lots of record, which do not meet the current lot area requirements. In the case of R-1 Zoning, this must be at least 1. 5 acres . However, she added, clarification is being requested for parcels which are lots of record yet do not have the minimum lot area requirements even with the lot provisions and also cannot meet one or more of the criteria set forth by Code. She questioned if these property owners would be allowed a variance consideration or should be required to assemble a 2. 5 acre parcel in order to build. Discussion was held. It was the consensus of the Planning Commission that if these lots met the setback requirements for a building, the applicant could then come in for a variance consideration, providing safe and adequate sewage treatment systems bould be installed. Other Business Comm. Stoltzman questioned why nothing wa,:; beim done on the restrictions of unloading and loading in the back of the Kmart Retail store . He stated that at the times the trucks come in , there is a lot of conjestion and traffic problems. Comm. Czaja questioned what could be done with the weed height at the northwest corner of County Road 17 and 4th Avenue. He stated the weeds were extremely high and provided for poor visibility. Chrmn. Schmitt questioned the square footage of the garage going up on 6th Avenue and around the Clay area. Coller/Czaja moved to adjourn. Motion carried unanimously . Meeting adjourned at 11: 15 P .M. Jeanne Andre, Acting City Planner Jane Wostrel, Recording Secretary 'V PROCEEDINGS OF THE BOARD OF ADJUSTMENT AND APPEALS Adj . Reg. Session Shakopee, Minnesota June 24 , 1982 The Planning Commission meeting was recessed to open the meeting of the Board of Adjustment and Appeals at 9 : 25 P.M. , with Chrmn. Schmitt presiding and Comm. Coller, Stoltzman, Perusich, Koehnen, Czaja and Rockne present . Also present : City Admin. , John Anderson, Acting City Planner, Jeanne Andre and Assistant City Attorney Rod Krass. Laurent Variance - Eagle Creek Junction 1st Addition Coller/Koehnen moved to open the public hearing for a request for a 20 foot variance from sideyard setback requirements to provide for a zero sideyard setback in an R-4 Zone for Lot 1, Block 1, proposed Eagle Creek Junction 1st Addition. Motion carried unanimously . Acting City Planner stated that the applicant is requesting a maximum sideyard variance of 20 feet which is one-half the building height as estimated by the builders, for the east side of Lot 1, Block 1, in the proposed Eagle Creek Junction 1st Addition, which is zoned R-4 , multi-family . She stated there is a draft agreement to provide for the building on the adjoining Lot 2 to either be joined to the Lot 1 building with a variance process or have a double setback from the Lot 1 building. She added that staff is recommending approval based on the fact that there will either be one large building or the setback will be provided at the time the second building is constructed. Discussion was held on the exact footage needed for a variance . Chrmn. Schmitt suggested that the applicant be granted a variance for one-half of the building height , which is a requirement of the R-4 Zone for sideyard setbacks or a maximum 20 foot sideyard setback variance, whichever would be less. Discussion was held. Discussion was also held on whether the agreement to provide for the setback for Lot 2, Block 1, should be a condition of the variance or the plat and how to best record the agreement . Assistant City Attorney stated that this agreement would be filed as a part of the plat such as the Developer' s Agreement is filed after recording of the plat . Coller/Rockne moved to close the public hearing. Motion carried unanimously. Coller/Czaja moved to table further discussion on the request for a 20 foot variance from sideyard setback requirements until the Final Plat approval of Eagle Creek Junction 1st Addition. Motion carried unanimously . Shakopee Board of June 24, 1982 Adjustment and Appeals Page -2- Coller/Stoltzman moved to accept the minutes of the June 3, 1982 meeting. Motion carried with Comm. Koehnen and Rockne abstaining due to their absence at that meeting. Coller/Czaja moved to adjourn. Motion carried unanimously. Jeanne Andre Acting City Planner Jane Wostrel Recording Secretary /5 MINUTES OF TEE SHAKOPEE PUBLIC UTILITIES COMMISSION (Regular Meeting) The Shakopee Public Utilities Commission convened in regular session on June 7, 1982 at 4:30 P.M. in the Utilities meeting room. Commissioner Nolting offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Nolting and Kirchmeier. tAlso liaison Wampach, Superintendent Leaveck, Manager Van Hout and Secretary Menden. John Anderson and Greg Voxland and Mayor Reinke were also present. Motion by Kirchmeier, seconded by Nolting that the minutes of the May 3, 1982 regular meeting be approved as kept. Motion carried. BILLS READ: CITY. OF Shakopee 20,032.00 Aircomm, Inc. 51.42 American National Standards 71.85 American Public Power Association 973.44 Associated Mechanical Contractors, Inc. 100.68 Auto Central Supply 74.92 Battery and Tire Warehouse, Inc. 43.94 Boardman, Suhr, Curry and Field 2,687.57 Border States Electric Supply Co. 91.43 Burmeister Electric Co. 107.63 Capesius Agency, Inc. 171.00 City of Shakopee 1,001.64 Clay's Printing Service 121.10 Davies Water Equipment Co. 211.41 Dressen Oil Company 92.16 Duluth Herald 36.60 Franz Engineering Reproductions, Inc. 396.28 Goodin Company 90.52 Harmons Hardware Hank 10.54 I B M 159.50 Jacklin Seed Company 165.00 Krass, Meyer and Kanning 1,387.50 Leef Bros. , Inc. 22.50 M/A Associates, Inc. 122.37 Marschall and Stevens, Inc. 200.00 Mankato Free Press 26.40 Barb Menden 5.89 Mpls. , Star and Tribune Newspapers 68.15 Minnesota Electric Supply Co. 1,124.60 Minnesota Municipal Utilities Association 2,594.24 Sharon Moonen 11.02 Motor Parts Service 41.51 Ted Neisen 264.00 Barb Nevin 7.79 Northern States Power Co. 287.65 Northern States Power Co. 122,609.07 Northern States Power Co. 981.53 Northland Electric Supply Co. 41.54 Harold Pass 150.00 Pitney Bowes 206.00 Post Office 130.00 St. Regis Paper Co. 5,703.00 St. Paul Dispatch 40.80 Serco 56.00 Shakopee Hardware 16.86 Shakopee Public Utilities Commission 177.14 Shakopee Services 18.00 Shakopee Valley News 163.82 Tom' Siebenaler 6.75 Software Consultants, Inc. 350.00 Starks Cleaning Services 17.30 Treasurer-State of Minnesota 34.00 Suel Business Equipment 2,195.31 Sherri Theisen 3.80 Total Tool Supply Co. 122.91 Water Products Co. 6,971.95 Westinghouse Electric Supply Co. 1,447.80 Dunnings Hardware 10.80 Motion by Kirchmeier, seconded by Nolting that the bills be allowed and ordered paid. Motion carried. Greg Voxland and John Anderson wereresent to answer p questions from the Commission regarding our present insurance coverage and rates. The changing of carriers was discussed. A letter from some Shakopee Public Utilities employees regarding the re- evaluation of the sick leave policy was read and discussed. The request was denied at the present time until it can be looked at in more detail at contract time. The compilation of existing work rules was discussed. The employees will be asked for comments on the contents of the work sheet of proposed work rules. Commissioner Nolting and Manager Van Hout reported on the June 3, 1982 hearing on the Minnesota Valley Electric Coop acquisition price. Mayor Reinke left the meeting at this point. A General discussion of demand rates, and other rate matters was held. The joint use agreement which will be made with the cable T.V. firm later this year was discussed. The Commissions concerns were related to the expense of trouble calls for cable T.V. problems, length of contract period, determination of clutter and unsightliness on poles, coordination of storm repair work and specifying an under- ground area. A general contract form for use with contractors employed by ShakopeePublic Utilities Commission was discussed. There were no new plats for the month of May, 1982. Superintendent Leaveck reported on four fire calls for the month of May, 1982 for a total of 3 hours and 20 minutes. There were no loss time accidents for May, 1982. The next regular meeting date was set for July 7, 1982 at 4:30 P.M. in the Utilities meeting room. u Vn Hout, Manager /5 • MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION (Special Meeting) The Shakopee Public Utilities Commission convened in special session on June 15, 1982 in the Utilities meeting room. Commissioner Bishop offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Bishop, Nolting and Kirchmeier. Also Liaison Wampach, City Treasurer Voxland, Lee Hennen from Capesius Agency, Manager Van HOut and Superintendent Leaveck. Discussion took place with Lee Hennen and Greg Voxland on the liability insurance for the City. Lee Hennen stated that he could only answer questions but could not recommend one policy over the other since he is the agent for both Transamerica and the League of Cities. Motion by Kirchmeier, seconded by Nolting that a recommendation be made by the Utilities Commission to City Council to strongly suggest that the Transamerica Company be awarded the insurance with the increased deductible limits on automobile insurance and with the optional umbrella insurance. Motion carried. Motion by Kirchmeier, seconded by Nolting that the meeting be adjourned. Motion carried. Lo V 1 )... . ., / 7 CITY OF SHAKOI'EE F U i LDING ACTIVITY REPORT June 1982 ITPM I TS ISSUED Yr. to Date Total Previous Year Number Number Vrlluation Number Valuation 5642-5679 .MO. Y TI). Single Fam.-Sewered 1 6 334,020 6 18 1,084,600 Single Fam. -Septic 2 3 209,500 1 2 170,000 Multiple Dwellings 2 6 528,240 5 10 1 ,104,000 (Mo.tlnits) (YTD Units) (4) (18) (14) (28) DDwel I ing Additions 11 32 214,213 5 12 100,950 Other - 3 73,780 - - - Business District - - - - 2 240,000 Agricultural - - - - 1 132,000 Industrial -Sewered - - - 1 1 205,000 Industrial -Septic - - - - 1 425,000 Accessory/Garages 6 21 122,350 3 20 199,500 Signs Fences 6 24 31,646.50 3 7 15,050 T'' i r'� I� I rr� tr;t/Wc�c��l t.c,vtr - 4 4,955 1 3 6,400 Grading/Foundation 1 2 11,165 1 2 59,000 Remodeling (Res. ) 4 16 50,400 3 18 73,300 Remodeling ( Lnst . ) - - - 1 2 5,300 Remodeling (Other) 1 12 699,048 - 24 1,041,000 TOTAL TAXABLE 36 141 2,279,317.50 31 122 4,775,830 IO'i'AL, IlISTI 'PU'T' I( NAL - - - 1 2 5,300 (;HAND TOTAL 36 141 2,279,317.50 32 124 4,781,130 MO . YTD .. MO . "i'I) . Variances 4 10 1 2 Conditional Use 2 11 — 6 Itc•-::oni np - - 1 1 Moving • - - 1 1 Electric Permits 16 75 23 86 Plmbg. & Htg. Permits 27 81 18 93 Raring Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date 3,535 Cora Underwood Bldg. Dept . Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JUNE, 1982 5642 Logeais Homes 10L0 East iew Circle twin home (1 unit) $ 31,800 5643 c=7;/, az, � � •eur 1-41-/- Logeais Homes 1012 Eastv.ew ircle twin home (1 unit) 31,800 .82, Lai' 5644 Douglas Olson 1266 E. st Ave. alteration 400 5645 Wilbert Haller 959 Sibley storage bldg. 800 5646 Howard Luhmann 2064 Eagle Creek Blvd. porch 3,300 5647 Keith Bitzer 200 Levee Drive fence 1,700 5648 Joseph Shea 721 E. 7th Ave. garage 3,200 5649 Laurent Bldrs. 118 S. Fuller addition 42,000 5650 Lambrecht Const. 1097 Jefferson addition 10,000 5651 Roger Lano 1964 E. Shakopee Ave. patio 400 5652 Michael Menke .(=r9 64�Meu G �v'3A4 house 61,000 5653 Scott. Lucius 528 E. First remodel 1,500 5654 David Rief 1735 Presidential Lane addition 3,200 5655 Tom Wermershirchen�� �492 S ron Parkway house 81,000 5656 Gordon Grannes �l 5015 Eagle Cree Blvd. house-move in 50,000 /S //5" .2.2. 5657 Wiggin, Inc. 1943W. 1,L2th 4 unit twnhse (1 unit) 18,000 4°�, o/' 5658 Wiggin, Inc. 1945 W. 12th J 4 unit twnhse (1 unit) 18,000 5659 VOID 5660 VOID 5661 James Back Rt. 1, Box 1000J addition 950 5662 Kevin McMichael 1076 Merrifield fence 1,200 5663 Joyce DeMers 538 E. 4th Ave. fence 750 5664 Richard Jilek 619 S. Madison porch 3,300 5665 Owens-Illinois 3900 State Hwy. 101 storage bin 28,000 5666 Lawrence Signs 7800 W. Hwy. 101 sign 1,800 5667 Clyde Ramsden 1806 C.R. 14 storage bldg. 225 5668 Joe Link 614 Apgar alteration 8,000 5669 Werner Deutsch 223 W. 8th deck $ 700 5670 G.F. Juergens 287 Marschall Road grading only 10,000 5671 James Klemenhagen 2117 Bridge Crossing storage bldg. 6,000 5672 Ed Siebenaler 437 Market fence 150 5673 LaVerne Meyer 817 Bluff garage 3,500 5674 Mark Curtis 744 Jefferson deck 4,900 5675 Alan Schwartzman 437 E. 3rd Ave. alteration 2,000 5676 Kenneth Ganske 624 Jefferson fence 113 5677 Bob Schmitz 426 W. 7th Ave. deck 350 5678 Frank King 835 4th Ave. W. deck 1,000 5679 Xuan Nguyen 407 Minnesota St. alt. 200 $431,238 RECFRiFr) JUN a 1952 SUN 0 H I 0 CITY OF SHAKOPEE 1700 Gateway Blvd.,S.E. Canton,Ohio 44707 June 4, 1982 (216)452-0837 TO WHOM IT MAY CONCERN: United States EPA Region V has granted Sunohio permission to use its portable system as shown in the attached communication dated April 13, 1982. FIELD SERVICES One of the conditions involves notification of the state and FOR ELECTRIC POWER SYSTEMS process officials where the is to be used. Page 31547 of the Federal Register for Thursday, May 31, 1979, (copy attached) , specifies the procedure for giving notice to these Transformer Fluid Testing and governments. Reclamation PCBX' We have also enclosed "Pertinent Facts Regarding PCBX" which should answer some of your questions, and a U.S. EPA Journal Substation reprint of July/August 1981. Repairs and Maintenance In compliance with the United States Environmental Protection Switchgear Agency, this letter is provided as notification by Sunohio to Testing and you that we intend to operate within your governmental juris- Calibration diction , should. we be called upon to do so by any firm or Transformer utility. Electrical Testing Transformer Please keep in mind that we do not treat waste. Instead, we Installation and decontaminate and reclaim transformer oil in service which Vacuum Filling has remaining useful life . Please advise us of any additional Preventive ordinances which would affect our ability to perform services Maintenance in your area. Programs Sincerely yours, 57fCa‘.-fic" J. E. Lewis, Manager Governmental Compliance JL/kw Enclosures A PARTNERSHIP OF SUN COMPANY AND OHIO TRANSFORMER CORPORATION SUBSIDIARIES 'PCBX Is a Service Mark of Sunohio SUNOHIO PERTINENT FACTS REGARDING PCBX I. We have and utilize a mobile facility for treatment of 10C mineral oil containing PCB 's. It is not a permanent facility. II . We do not treat solid waste; we do not in fact treat waste . III. The 10C mineral oil we have treated is in fact usable. It is often working in transformers. We provide a safe, better quality oil upon treatment which is also free of PCB' s. IV. PCBX is environmentally safe . PCBX has been evaluated and regulated extensively. The ten regional EPA offices have subjected it to public notice and all are approved. - We are a totally enclosed system, with no hazardous air or water emissions. - The unit is completely self contained via drip pans and enclosures. - We operate at low pressure and low temperature. - We utilize steel braided hoses, pressure relief devices, and automatic shut- off valves. - Crews are trained in safety, spill contingency and regulations. V. Environmental Impact: 1) Eliminates over-the-road transportation of PCB 's which is characteristic of incineration and burial . 2) Eliminates hazardous air emissions which may be characteristic of incineration. 3) Eliminates hazardous water emissions and ground contamination which may be characteristic of burial . Economic Impact: 1) Conserves transformer oil for reuse. 2) Restores contaminated transformers to non-PCB status, eliminating disposal and allowing rebuilding in the event of any electrical fault. 3) Allows economic field repairs of transformers. VI . We totally destroy PCB 's down to a non-detectable level . It is a quick, safe, clean operation. We have performed this service for Georgia Power, T.V.A. , Oak Ridge Nuclear facility, Boston Edison, Union Electric, and now request your assistance in helping us to be able to provide this service in your state . Federal Register / Vol. 44, No. 106 / Thursday, May 31, 1979 / Rules and Regulations 31547 with paragraphs(a)(2)above.The municipal solid waste disposal PCBs will not present an unreasonable disposal of the drained transformer is provisions described in subparagraph risk of injury to health or the not regulated by this rile. (b)(3),any PCB Article shall be stored in environment.On the basis of such (2)PCB Capacitors.(i)The disposal of accordance with Annex III prior to information and any available any capacitor normally used in disposal. information, the Regional Administrator alternating current circuits shall comply (c)PCB Containers. (1)Unless may,in his discretion,approve the use with all requirements of this subpart' decontaminated in compliance with of the alternate if he finds that the unless it is known from label or Annex IV or as provided in(2)below, a alternate disposal method provides PCB nameplate information,manufacturer's PCB Container shall be disposed of: destruction equivalent to disposal in an literature,or chemical analysis that the (i)In an incinerator which complies Annex I incinerator and will not present capacitor does not contain PCBs. with Annex I,or an unreasonable risk of injury to health (ii)Any person may dispose of PCB (ii)In a chemical waste landfill that or the environment.Any approval must Small Capacitors as municipal solid complies with Annex II;provided that if be stated in writing and may contain waste, unless that person is subject to there are PCBs in a liquid state,the PCB such conditions and provisions as the the requirements of subparagraph(iv). Container shall first be drained and the Regional Administrator deems (iii)Any PCB Large High or Low PCB liquid disposed of in accordance appropriate.The person to whom such Voltage Capacitor owned by any person with paragraph(a)of this tion: waiver is issued must comply with all shall be dispo. • • • •••- • • with (2)Any PCB Container a to limitations contained in such either of the fa ---- --_ __- _ 'a only PCBs at a cons tration der •^^"^^ (A)Disposal in an incinerator that - •--."*. .•. - •a shall be a •sed of (1)Each operator of a chemical complies with Annex I;or as municipa -_ ••;p ded that waste landfill,incinerator,or alternative (B)Until January 1,1980,disposal in a if the PCBs are in a ril Fa a. e PCB to incineration approved under chemical waste landfill that complies Container shall first be dr. d the paragraph(e)shall give the following with Annex II. PCB liquid shall b• •' written notices to the state and local (iv)Any PCB Small Capacitor owned accordance with a • .p (a)of this governments within whose jurisdiction by any person who manufactures or at section. the disposal facility is located: any time manufactured PCB Capacitors (3)Prior to disposal,a PCB container (i)Notice at least thirty(30)days or PCB Equipment and acquired the PCB shall be stored in a facility which before a facility is first used for disposal Capacitors in the course of such complies with Annex ILL of PCBs required by these regulations; manufacturing shall be disposed of in (d)Spills. (1)Spills and other and accordance with either of the following uncontrolled discharges of PCBs (ii)At the request of any state or local (A)Disposal in an incinerator which constitute the disposal of PCBs. government, annual notice of the complies with Annex I;or (2)PCBs resulting from spill clean-up quantities and general description of (B)Until January 1,1980,disposal in a and removal operations shall be stored PCBs disposed of during the year.This chemical waste landfill which complies and disposed of in accordance with annual notice shall be given no more with Annex II. paragraph(a)of this section.In order to than thirty(30)days after the end of the (3)PCB Hydraulic Machines.PCB determine if a spill of PCBs has resulted year covered. hydraulic machines such as die casting in a contamination level that is 50 ppm (2)Any person who disposes of PCBs machines may be disposed of as of PCBs or greater in soil,gravel,sludge, under a §761.10(a)(5)(iii)incineration or municipal solid waste or salvage fill,rubble,or other land based chemical waste landfilling waiver shall provided that the machines are drained substances,the person who spills PCBs give written notice at least thirty(30) of all free-flowing liquid and the liquid is should consult with the appropriate EPA days prior to conducting the disposal disposed of in accordance with the Regional Administrator to obtain activities to the state and local provisions of§761.10(a).If the PCB information on sampling methods and overnments within whose jurisdiction liquid contains 1000 ppm PCB or greater, analytical procedures for determining e disposal is to take place. then the hydraulic machine must be the PCB contamination level associated flushed prior to disposal with a solvent with the spill: (1)Owners or users of mineral oil containing less than 50 ppm PCB(see (3)This paragraph does not exempt dielectric fluid transformers may use the transformer solvents at any person from any actions or liability following procedures to determine the § 761.10(b)(13(i)(B)) and the solvent under other statutory authorities, concentration of PCBs in the dielectric disposed of in accordance with including section 311 of the Clean Water fluid: §781.10(a). Act and the Resource Conservation and (i)Dielectric fluid removed from (4)Other PCB Articles must be Recovery Act. mineral oil dielectric fluid transformers disposed of: (e)Any person who is required to may be collected in a common (i)In an incinerator that complies with incinerate any PCBs and PCB Items container,provided that no other Annex I;or under this subpart and who can chemical substances or mixtures are (ii) In a chemical waste Iandfill that demonstrate that an alternative method added to the container. complies with Annex II,provided that of destroying PCBs and PCB Items exists (ii)For purposes of complying with the all free-flowing liquid PCBs have been and that this alternative method can marking and disposal-requirements. thoroughly drained from any articles achieve a level of performance representative samples may be taken before.the articles are placed in the equivalent to Annex I incinerators or from either the common containers or chemical waste landfill and that the high efficiency boilers as provided in the individual transformers to determine drained liquids are disposed of in an §761.10(a)(2)(iv)and§781.10(a)(3)(iv), the PCB concentration,except that if incinerator that complies with Annex I. may submit a written request to the any PCBs at a concentration of 500 ppm (5)Storage of PCB Articles—Except Regional Administrator for an or greater have been added to the for a PCB Article described in exemption from the incineration container then the total container subparagraph(b)(2Xii)and hydraulic requirements of Annex L The applicant contents must be considered as having a machines that comply with the must show that his method of destroying PCB concentration of 500 ppm or greater D D PCBX CHEMICAL DESTRUCTION OF PCB'S Sunohio 1700 Gateway Blvd., S.E. Canton, Ohio 44707 (216) 767-3411 (216) 452-0837 PCBX Chemical Destruction of PCB's The PCBX research program was occurring chlorides.The organic por- a segment of the polymeric solid conducted by Sun Tech Inc., a sub- tion of the PCB molecule, i.e.,the hydrocarbon produced by the sidiary of Sun Company.Ohio Trans- biphenyl nucleus, is converted to reaction.The polymer itself may be former Corporation then built and polymeric solids.Of the possible 209 four to six times bigger than the tested a full-scale prototype reactor isomeric chlorine-containing segment depicted in the model. as part of a development program compounds attainable under the Figures III and IV illustrate the chem- performed under contract for definition of PCB,there are approxi- ical structures of the PCB isomers Sunohio. mately 40 of those isomers in and polymeric product, respectively. The main objective was to identify Aroclor 1254. Figure I is an illus- and develop a process which would tration of molecular models showing ci destroy chemical entities in trans- o c `i former oils classified as polychlor11111 Figure III inated biphenyl(s)(PCB's).The objec- tive bjec • 1 tive at the outset was a process that c �, c, cc: ci would destroy the PCB's in contrast • , ci to those processes which merely act - • to concentrate PCB's for less • O O environmentally acceptable, indefi- r• nite impounding.This objective hasIP jo been met. 414111, • 000000 Other objectives were: • Figure IV 0 0 1. To establish a system which Figure I BEFORE PCBX PROCESS 0 0 0 O o would generate only those prod- ucts or by-products which in the structure of two of the most 0 themselves would not be prevalent PCB isomers reported to environmentally objectionable. be in Aroclor 1254.As the chemical The polymer product is insoluble 2. To treat electrical insulating reactions take place,the biphenyl in water and only very slightly fluids in a manner which would nuclei undergo polymerization reac- soluble in solvents such as alcohol not destroy the non-PCB portion tions to form straight chains and and hydrocarbons. Due to the water of those fluids. branched chains of biphenyl insolubility property,the polymer will 3. To treat those insulating fluids molecules. Figure II is again an illus- not dissolve to be carried into or in a manner which would not tration of molecular models showing through the ground by groundwater. destroy their useful insulatingAll'S AIS properties. ,.1" . 4. To devise an equipment system which would permit field (WA • lik, 4110 r tions from a mobile unit. ill•,.. opea " These objectives, in turn, have r R • been met with the process which is / i � described below. The PCBX process is a chemical ' " destruction process.The chemical * �• '� i reactions involved convert the 0• chlorines in the PCB's to naturally Figure II AFTER PCBX PROCESS I *, f ate. 9 The polymer was submitted to an 1. Reclaim transformer oil by A. Adjustable rate, positive dis- independent laboratory for a Land- removing moisture, acids, placement pumps. steiner-Draize guinea pig skin sensi- harmful gases and other B. Automatically controlled heater. tization test.At the completion of the contaminants. C. Metered-flow reagent injection test, the material was judged to be device. "non-sensitizing". 2. Remove and destroy PCB's con- The polymer is heat stable up to tamed in transformer oil. Leave D. Reagent storage. temperatures of 275-300°C the oil with excellent electrical E. Motor-actuated mixing (427-572°F).At higher temperatures, properties so it can be reused in chamber. the polymer decomposes to corn transformers. F. Specially designed reaction bustible hydrocarbons and carbon. vessel. The equipment necessary to do this job has been assembled into G. Series of heat exchangers. The PCBX Mobil Unit large tractor/trailer rigs, as pictured H. Dual filter beds. Based on the R & D programs at in Figure V. It is self-contained and I. Vacuum degasser. Sun Tech and Ohio Transformer, operates from an external electrical J. 1,000-gallon retention tank. Sunohio has completed several power source.The various parts of Plus, operational, mobile units which are the rig are listed below and illus- • Pressure and flow regulators. designed and equipped to perform trated in Figure VI in the order in • the following functions on energized which the fluid under treatment Pressure and temperature read transformers: encounters them: outs. • Drip pan and spill retention SUNOHIO MOBILE PCBX UNIT tanks provide feeding,treat- 38' _ ment, and recycle provision for internal spills. These mobile processing units are F . 1 designed to decontaminate approxi- PCB REACTOR mately 500 gallons per hour of trans E former oils containing up to 10,000 ppm of PCB's. I 8' im m I p the procoedure g �sThe eddescription of t) R 1. Run gas chromatograph analy- ■ C sis to determine PCB content. 0 0 2. Pass oil through the conven- �J ^ tional treatment facility to B remove moisture and other con- taminants. Bypass filters but I x use the vacuum degasser. I 3. Pass oil through the entire VI apparatus, first heating the oil Figure ; and then adding reagent at a rate consistent with the flow TRANSFORMER rate of the oil and the PCB content. 0-2 0.53 0.73 9.59 1.18 11..4557 ' 2.74 3.21 3.81 4.53 5.24 6.a5 8.02 - 9.32 BEFORE PCBX PROCESS AFTER PCBX PROCESS Figure VII Figure VIII 4. Next, it proceeds to the mixing treated and untreated oil in the chamber,where the reagent is transformer. metered-in and thoroughly In conclusion,the PCBX process mixed with the oil. has been developed into an 5. From there, it moves forward enclosed mobile system which through the reaction vessel. destroys PCB's in contaminated 6. From the reaction vessel, it mineral oils without the destruction goes through a series of heat of the increasingly valuable naph- exchangers,where it gives up thenic crude from which mineral oil part of its heat to oil that is is refined. In addition, because the about to enter the vacuum oil is circulated through the PCBX degasser. reclaiming unit several times,the internal components of the trans- 7. Next it goes through five stages of filtration. former are cleansed and the subse- of quent leaching of PCBs back into 1700 Gateway Blvd., S.E. 8. At this stage, it becomes the the oil is reduced.The resulting oil counter flow in the first heat has excellent electrical properties Canton, Ohio 44707 exchanger, because it needs to and is totally suitable for reuse in (216) 767-3411 pick up heat again before transformers. vacuum degassing. And looking into the future, modi (216) 452-0837 9. After vacuum degassing, it is fication of the PCBX process may returned to the transformer or find utility in the destruction of many 0-1J N 040 held in the retention tank to other halogen-containing waste minimize commingling of streams. e J��to sr�TFs UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION V 230 SOUTH DEARBORN ST rtiCHICAGO, ILLINOIS 60604 tif' L PROS -- REPLY TO ATTENTION OF: APR 3 132 5HW-TUB Mr. Norman E. Jackson Chairman Sunohio Corporation 1700 Gateway Boulevard, SE Canton, Ohio 44707 Dear Mr. Jackson: Pursuant to the Federal Polychlorinated Biphenyl (PCB) Regulations published on May 31 , 1979, 40 Code of Federal Regulations (CFR) Part 761 .10(e), under the authority of the Toxic Substances Control Act (TSCA) of 1976 (Public Law 94-469) , the U.S. Environmental Protection Agency (USEPA) has determined that your appli- cation for chemical destruction of mineral oil dielectric fluid (MODEF) contain- ing PCBs in a mobile PCBX facility satisfies the required technical criteria for an alternative method to a high efficiency boiler for destroying PCBs. Please find appended to this letter, a document entitled "Approval to Dispose of Polychlorinated Biphenyls. This document permits Sunohio Corporation to proceed with chemical destruction of mineral oil dielectric fluid containing PCBs, sub- ject to the listed conditions of approval . The approval is based upon the ability of the PCBX system to destroy PCBs to a level below 2 parts per million (ppm) without resulting in the emission of any PCBs into air or water. The 2 ppm level was chosen because it is the detection limit of the USEPA approved method for analysis of PCBs in oil . Moreover, the approval is based upon the Agency's conclusion that the polyphenyl solid which PCBX produces after destroying PCBs does not present risks of injury to health or the environment. This approval shall be effective today. This approval may be withdrawn, or further conditions may be added to it, at any time USEPA has reason to believe that operation of the PCBX system represents an unreasonable risk of injury to health or the environment. Withdrawal of the approval or the imposition of fur- ther conditions also may result from future USEPA rulemaking with respect to PCBs. Moreover, violation of any condition included as part of this approval may sub- ject Sunohio to enforcement action and/or termination of the approval . You should advise your customers that if transformer dielectric fluid is returned to the transformer after being successfully treated with the PCBX system, that transformer cannot be reclassified as a non-PCB transformer unless the fluid is tested after at least three months of in-service use and shown to have a PCB con- centration less than 50 ppm. Furthermore, if the dielectric fluid had a PCB con- centration greater than 50 ppm, and treatment with the PCBX process does not re- duce this concentration to less than 2 ppm, the dielectric fluid must still be disposed as though it contained between 50 and 500 ppm PCBs. 2 In this approval , the PCB level in the reactor feed has been limited to a maximum concentration of 500 ppm. This restriction, however, does not prevent the PCBX system from treating a transformer fluid that contains a higher con- centration of PCBs, as long as the fluid is diluted to 500 ppm or below prior to its injection into the PCBX reactor. Please be advised that approval for treating higher concentrations of PCBs in the PCBX reactor feed may be consi- dered when Sunohio Corporation demonstrates such capability to the satisfaction of USEPA. Such demonstration may be accomplished either during commerical processing, or through other controlled experimentation. It is important that authorized USEPA representatives witness the demonstration and obtain split samples for verification of analytical results. It is the responsibility of you and your company, Sunohio Corporation, to adhere to all applicable provisions of TSCA and the Federal PCB Regulations in processing the PCB-containing MODEF. Violation of any of the applicable pro- visions and the conditions of approval may be cause for rescission of this approval . Furthermore, this approval does not relieve you of the responsibi- lity to comply with all other applicable Federal , State and local regulations and ordinances for transportation, siting, operation, and maintenance of the PCBX facility. USEPA reserves the right to inspect the mobile PCBX facility to be used for the disposal of PCBs, and the records which Sunohio Corporation is required to maintain under the Federal PCB Regulations, during operation and at all other reasonable hours. Should you have any questions pertaining to this matter, please contact Mr. Y.,: Kim, or Dr. Eugene Meyer of my staff, at 312/353-1428 or 353-0258, re(tpectively. Siicerely ,fou , • ',114g,' • (LA 1,(- Valdas . Ada us :� ? Regional Admin'strator Enclosure UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION V In the matter of ) Approval to Dispose Sunohio Corporation ) of Polychlorinated Canton, Ohio ) Biphenyls (PCBs) AUTHORITY This approval is issued pursuant to section 6(e) (1 ) of the Toxic Substances Con- trol Act of 1976, Public Law No. 94-469, and the Federal PCB Regulation, 40 CFR Part 761 .10(e) (44 Federal Register, 31547, et seq. , May 31 , 1979.) FINDINGS 1 . Sunohio Corporation of Canton, Ohio proposes to chemically detoxify mineral oil dielectric fluid (MODEF) containing polychlorinated biphenyls (PCBs) in one or more mobile unit(s) operating in Region V. Region V includes the States of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Sun- ohio Corporation is the sole owner and operator of the detoxification pro- cess, which is called the PCBX process. 2. The PCBX facility is a totally enclosed process that is capable of treating PCB-contaminated MODEF on-site and returning the detoxified fluid back to the transformer from which it was removed. Therefore, no potential exposure to workers or the general population exists from operation of this alternative method of disposal . 3. The PCB-contaminated MODEF is mixed with a reagent which removes the chlorine atoms from the biphenyl , producing inorganic chloride and a polyphenyl sub- stance. The polyphenyl and other impurities are filtered from the dielectric fluid, and the filtered oil is returned to the transformer. 4. A malfunction in the PCBX facility could only result in the return of PCB- contaminated fluid to the transformer, and the fluid can be treated again. 5. In the Preamble to the PCB Ban Rule, EPA expressed the expectation that Annex I incinerators would achieve destruction efficiency of 99.9999% and that high efficiency boilers, which may be used to destroy PCBs in concentrations of up to 500 ppm, would achieve destruction efficiency of 99.9% or greater. 2 While those percentages provide general guidance as to the approximate de- struction efficiency to be achieved by alternate PCB disposal methods, the use of flexible language, rather than specific percentages, in the rule itself indicates that the percentage of PCBs which can be shown to be de- stroyed is not the only factor to be considered in the determination of equivalence. There may be advantages to the use of an alternate destruction method that could offset a slightly lower measured destruction efficiency. Thus, equivalence must be judged by looking at a number of factors. For example, the term "destruction efficiency" is used to refer to the difference between the amount of PCB being fed to the facility and the amount released to the environment mainly through air emissions. This is highly relevant for evaluating boilers and incinerators as they invariably emit combustion gas products into the atmosphere; but it is not the most relevant gauge of the effectiveness of chemical processes which have little or no air emissions. The PCBX process must be shown to have a level of performance equivalent to that of a high efficiency boiler. In a trial demonstration conducted in Massillon, Ohio on October 24, 1980, a sample of MODEF contaminated with 274.2 ppm PCBs was detoxified. The treated MODEF had no detectable level of PCBs. This represented at least 99.3% PCB destruction. The actual destruction efficiency may have been higher, but the analytical detection limit was 2 ppm. Although the demonstrated PCB destruction efficiency of the PCBX process was slightly less than that achieved by a high efficiency boiler, this possible disadvantage is offset by the absence of dangerous emissions, the lack of worker exposure to the PCBs, and the reduced risks associated with the vir- tual elimination of storage and transportation. Therefore, USEPA Region V believes that the PCBX process performs in a manner equivalent to that of a high efficiency boiler. 6. The Sunohio PCBX facility does not emit harmful materials into the environ- ment. Solid wastes are produced in small amounts in the form of spent filter clay and sludge. These solid wastes contain polyphenyl substances, inorganic chlorides, alkali metal compounds, water, and small amount of oil . It was established through laboratory analysis that these wastes do not contain PCBs or other harmful substances as long as the concentration of PCBs in the PCBX reactor feed are kept below 274.2 ppm. A guinea pig skin sensitization test was conducted on the polyphenyl substance and showed the substance did not cause any skin reaction. Ultraviolet spectral analysis also indicated that the polyphenyl does not contain dibenzodioxins or dibenzofurans or their poly- chlorinated derivatives. The polyphenyl substance is not soluble in water and has low solubilities in the order of 100 milligrams per liter (mg/1 ) in common organic solvents. By virtue of the on-site treatment capability of the Sunohio facility, the potential risk of a spill of a PCB-containing material during transporation is eliminated. 7. Sunohio Corporation notified USEPA, Region V in a confidential document dated October 20, 1981 , that the PCBX facility had been modified after the October 24, 1980, trial demonstration to incorporate certain solid handling and separation equipment. Sunohio asserted that the modification had improved the performance of the PCBX facility and its capability to protect human health and the environment. 3 USEPA, Region V has reviewed the details of the modification and concluded that the modification merely improves the process efficiency without per- turbing its chemical destruction capabilities as long as the concentration of PCBs in the PCBX reactor feed was kept below 500 ppm. Therefore, the terms of this approval are extended to include the incorporation of the solid handling and separation equipment as a part of the PCBX facility. 8. An estimated 450 million pounds of PCBs have entered the environment. Since the only two facilities approved for incineration of PCBs are stationary and are both located in Region VI , the availability of PCBX mobile units would provide significant benefits to those who possess PCB wastes in Region V. 9. The following applicable requirements of the Federal PCB Regulation 40 CFR Part 761 , will be met by Sunohio in its operation of the mobile PCB facility: a. 40 CFR, section 761 .42 - storage for disposal ; b. 40 CFR, section 761 .43 - decontamination; and c. 40 CFR, section 761 .45 - records and monitoring. 4 CONDITIONS OF APPROVAL 1 . The PCBX facility(ies) shall be used by Sunohio and its authorized agents to detoxify mineral oil dielectric fluid containing PCBs from any mineral oil transformer within Region V (Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. ) The concentration of PCBs in the PCBX reactor feed shall not exceed 500 ppm. Prior to decontamination, the transformer dielectric fluid must be sampled and analyzed by gas chromatography for the concentration of PCBs in accordance with standard procedures published by U.S. Environmental Protection Agency (USEPA). 1 Should Sunohio successfully demonstrate to USEPA through controlled experi- mentation that PCBX is capable of treating higher concentrations of PCBs in the reactor feed, this condition may be modified accordingly. Authorized USEPA representatives must witness this demonstration and obtain split samples for verification of analytical results. 2. The transformer dielectric fluid must be sampled after it leaves the disposal portion of the PCBX facility, but before it is returned to the transformer or other container. This sample must be tested by gas chromatography for the concentration of PCBs within 15 days. If the concentration of PCBs in the sample is 2 ppm or greater, that fluid must be treated again with the PCBX process within 45 days of the test. If the transformer dielectric fluid is returned to the transformer after PCBX treatment has been administered, that transformer cannot be reclassified as a non-PCB transformer, unless the fluid is tested again after at least three months of in-service use and shown to contain less than 50 ppm PCBs. Any transformer dielectric fluid treated with the PCBX facility that is not returned to the transformer must be disposed as if it contains between 50 and 500 ppm PCBs until the testing required by this paragraph indicates that the PCB concentration has been reduced below 2 ppm. 3. Provisions must be made to assure that the following process elements are suitably monitored such that materials harmful to the public health or en- vironment are not inadvertently released. a. It must be assured through appropriate monitoring or testing, that no PCBs are emitted to the environment throughout PCBX destruction. b. The PCB and reagent feed rates shall be monitored throughout PCBX de- struction. 1 "The Analysis of Polychlorinated Biphenyls in Transformer Fluid and Waste Oils," U.S. EPA Office of Research and Development Environmental Monitoring and Support Laboratory, Cincinnati , Ohio, EPA-600/4-81-045. 5 c. If quality control testing on PCBX-treated MODEF reveals that the MODEF has not been adequately detoxified after repeated destruction, a report shall be filed with the USEPA Region V Office within 180 days of the initial PCBX treatment. The affected unit shall cease operation immedi- ately until further notice or instruction by the Regional Administrator of Region V. d. If Sunohio Corporation or an authorized operator of the PCBX facility believes, or has reason to believe, that a release has or might have occurred, the facility operator must inform the USEPA Region V Office within 24 hours or where the next day is not a business day, by close of business on the next regular business day. Accordingly, no PCBs may be processed in that facility until the problem has been corrected to the satisfaction of the Regional Administrator of Region V. 4. Any chemical accident or personal injury occurring as a result of the PCBX facility must be reported to the PCB Disposal Site Coordinator at the USEPA Region V Office by the next regular business day. 5. Any reports required by conditions (3) and (4) are to be submitted in writing to the Regional Administrator of Region V, by telephone to the USEPA Region V PCB Coordinator at 312/353-2197, and in writing to the Director of the Office of Toxic Substances, Office of Pesticides and Toxic Substances 401 M. Street, SW, Washington, D.C. 20460. 6. The solid wastes generated by the PCBX system shall be analyzed for PCBs. Those wastes which are found to contain two or more ppm of PCBs must be disposed in a chemical waste landfill or an incinerator approved by USEPA under Annex II and Annex I of the PCB Regulations (40 CFR Part 761 ) . 7. This approval is for the PCB destruction/disposal portion of the PCBX system as described in the Sunohio application on file at the USEPA Region V Office. In this context, "application" shall be defined as all data and materials which have been received by this Agency from Sunohio regarding the PCBX facility. 8. Sunohio or its agents must develop and maintain the following records: a. The name and address of each client whose transformer dielectric fluid was processed by the PCBX facility; b. the date such service was performed; c. an identification of the PCBX facility performing the service; d. the amount of transformer dielectric fluid processed; e. the location, manufacturer (if known) , and serial number (if any) of the transformer from which the fluid was processed; f. a copy of the gas chromatogram from the test required by paragraph (2) ; and 6 g. the method of disposal and the location of the disposal facility for each waste as described in paragraph 6; and h. a summary of the total number of gallons of transformer dielectric fluid processed through PCBX during the previous calendar year. The documents must be compiled within 60 days of the servicing date, must be kept at one centralized location, and must be available for inspection by authorized representatives of the USEPA. Such documents shall be maintained for at least five years. Sunohio or its agents must also maintain the re- cords required by 40 CFR §761 .45(f) . If Sunohio or its authorized agents terminate business, these records must be submitted to the Regional Adminstra- tor of Region V at least 90 days prior to the termination of business. 9. Sunohio or its agents must take all necessary precautionary measures to en- sure that operation of the PCBX system is conducted in compliance with all applicable safety and health standards, as required by Federal , State or local regulations and ordinances. Sunohio shall be responsible for the pro- per training of its operators and shall submit to USEPA Region V a training program within three (3) months from the date of this approval . At a mini- mum, the training program must encompass: a. safety, operation and maintenance procedures; b. procedures for using , inspecting , repairing and replacing mobile facility emergency and monitoring equipment; and c. spill prevention and clean-up plan. The PCBX facility(ies) shall not be operated commercially until the training program has been accepted by USEPA, Region V, and implemented by Sunohio. 10. A thirty (30) day advance notification must be provided to the Regional Ad- ministrator of Region V and the State and local officials where the PCBX pro- cess is to be used. In the case where emergency detoxification of PCBs is required, notification must be submitted by telephone to USEPA Region V to the PCB Disposal Site Coordinator before processing. This shall be followed by written notification within seven days after the emergency detoxification. 11 . The U.S. Department of Transportation (DOT) requirements must be followed, for placarding of the mobile PCBX facility and for labelling and handling of PCB-contaminated transformer fluids if these fluids are transported off-site, or if the equipment on the mobile unit is not decontaminated after use. 12. Sunohio must develop and file acceptable closure plans for terminating PCBX facilities, within three (3) months from the date of this approval . These plans shall include the decontamination or disposal of PCB-contaminated equip- ment or process materials. A written notice of closure shall be submitted to the Regional Administrator of Region V at least 180 days prior to closure of the facility. 7 13. Sunohio Corporation must file a written report to the Regional Administrator within 30 days from the date of manufacture of each additional PCBX facility which is to be operated in Region V. This report should contain: a. Date of manufacture of the facility; b. identification and/or serial number of the new PCBX facility; c. certification by a registered professional engineer to the effect that the PCBX facility is substantially identical to the original unit in terms of engineering design, hardware, quality and workmanship; d. endorsement by the chief executive officer of Sunohio Corp. signifying that PCBX facility construction has been completed in such manner; e. a list of all insubstantial changes made to the design and construction of the new PCBX facility which are not identical to the original PCBX facility. 14. No major modifications may be made to the PCBX unit design without a written approval of the Regional Administrator of Region V. For the purposes of this approval a major modification shall be defined as any change to process capa- city, design, efficiency, waste type, or any other changes affecting overall environmental impact. 8 APPROVAL 1 . Aproval to dispose of PCBs is hereby granted to Sunohio Corporation of Canton, Ohio, subject to the conditions expressed herein, and consistent with the materials and data included in the application filed by the company. Any departure from the conditions of this approval or the terms expressed in the application must receive prior written authorization of the Regional Administrator of Region V. 2. This approval to dispose of PCBs does not relieve Sunohio Corporation of the responsibility to comply with all applicable Federal , State and local regula- tions. This approval may be rescinded at any time for failure to comply with the terms and conditions herein, or for any other reasons which the Regional Administrator of Region V deems necessary to protect the public health and the environment. 3. Sunohio Corporation of Canton, Ohio shall be responsible for the actions of any authorized PCBX operator and assume full responsibility for failure to comply with all appl i cabl e Federal , State, and local regulations and any or all deviations from the conditions expressed herein. 4. USEPA reserves the right for its employees or agents to inspect PCBX activi- ties at any time or location. APR :r? , �� L ; r, Date 'egiona Administrate USE'A Region V MEM0 TO: Judith S. Cox, Acting City Administrator t'ROM: Jeanne Andre, Acting City Planner RE: Planning Commission Actions DATE: July 16, 1982 Introduction The City Council has requested to be informed of Planning Commission actions which would not normally be sent to the City Council for action unless an appeal is filed. Background The following variance and conditional use permits were granted by the Planning Cohniission at its July 15, 1982 meeting. Further information on any case is available on request. 1. Conditional Use Permit No. 307 was granted for a home occupation as a custom frame shop in an R-1 zone to Patty Goldberg, 2780 Co. Rd. 42, subject to building code corrections required by the building official, no parking along Co. Rd. 42, review if warranted by additional information, and reapplication required if the business changes. 2. Conditional Use Permit No. 305 was granted to exceed the height limitation of 30 feet for multi-family structures in an R-4 zone by not more than 5 feet on Lot 1, Block 1 of the proposed Eagle Creek Junction First Addition, to Laurent Builders, subject to City Council approval of the final plat. 3. Granted a variance from the sideyard setback requirements of 15 feet or one-half the building length, whichever is less, to provide for a zero-sideyard setback in an R-4 zone for a condominium unit on Lot 1, Block 1, proposed Eagle Creek Junction First Addition. This variance is subject to City Council approval of the final plat of Eagle Creek Junction First Addition and pro- vide for maintenance access from the adjourning parcel. 4. Granted a variance of five feet from the sideyard setback require- ment for housing expansion needs on Lot 3 and a portion of Lot 4, Husman Addition, to Duane Marschall, 300 Jackson Park. 5. Granted a variance from lot area (1.6 A) and lot width (30 feet) requirements on Lot 8, Block 3, Horizon Heights, lot of record prior to April 1, 1978, to Dale Delaney, 7030 Knox Ave. S. , Richfield, MN. 6. Granted a 12 foot variance from rear yard setback requirements and a 4 space parking variance of required 6 spaces for expansion of a business building in a B-1 zone for Lot 6, Block 25, Original Shakopee Plat, to Auto Central Supply, 338 E. 1st Avenue. Action Requested No action requested. JA/cu • TENTATIVE AGENDA ADJ .SPECIAL SESSION SHAKOPEE , MINNESOTA JULY 20, 1982 Mayor Reinke presiding 1] Roll Call at 7 :00 P.M. 2] Approval of Minutes of June 15, June 22 , June 29, and July 6, 1982 3] Communications : a] Gayle M. Kincannon of Metro Transit Commission re: attending a City council meeting 4] Liaison Reports from Councilmembers 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS : a] Wally Stock, Mayor of Prior Lake 6] Old Business : a] Invest In America' s Cities Program - tabled 7/6 (bring item 6e from July 6 agenda) 7] Planning Commission Recommendations: a] Preliminary Plat of Long View Estates, lying between Hwy 169 and Leg. Rt. 300 and the northerly extensions of Tyler and Jackson Streets in B-1 and R-4 zone b] Preliminary Plat of Eagle Creek Junction, a 21 . 5 acre parcel lying SE of CR16 & CR17 Intersection in R-4 zone c] Amending City Code Prohibiting Issuance of Building Permits on Parcels Not Abutting Dedicated Public Right-of-Way- Ord. 98 8] Resolutions and Ordinances: a] Ord. No. 99, Amending City Code to Require Setback for Fences in the Rear Property Line Abutting An Alley b] Res. No. 2027, Ordering Demolition of Accessory Building c] Res. No. 2028, Adopting Assessments on Demolition of Accessory Building 9] New Business: a] 8 :00 P.M. Authorizing Issuance , Awarding Sale, Prescribing Form and Detail and Providing for Payment of $185,000 G.O. Improvement Bonds of 1982 - Res. No. 2030 b] 8: 30 P.M. PUBLIC HEARING - Vacation of Atwood from 4th to 5th ( rin 9c from 6/15 agenda c] 8 : 45 P.M. PUBLIC HEARING - Vacation of Fuller from Lth to 5th d] 9 :00 P.M. - Application for On Sale 3. 2 Beer License by Sub- Machine Shop Inc . , 1350 East 1st Avenue - table application e] Request from Charles and Dorothy Ten Eyck re : off street parking f] 9: 30 P.M. - Dick Wiggin Storm Sewer Assessments - 671-2 g] Receiving Feasibility Study and Ordering Hearing on Timber Trails Storm Sewer Lateral for Block 2 - Res. No. 2029 h] Authorize Purchase of Lots 8, 9, and 10, Block 7, Shakopee City i] Acceptance of Proposal for Street Deflection Testing j] Resignation from Ad Hoc Cable Communications Committee - Res. 2026 k] National League of Cities re : Public Pension Plans 1] Concur With County Board on Classification of Forfeited Land m] Publication of Summary of Ordinances n] Authorize payment of bills in amount of $475, 824. 53 10] Other Business: 11] Adjourn. John K. Anderson City Administrator Metropolitan Transit Commission 801 American Center Building St. Paul, Minnesota 55101 612/221-0939 June 21, 1982 The Honorable Eldon Reinke Mayor of Shakopee 3071 Haver Trail Shokopee, MN 55 7• Dear Mayor . r �- As the MTC commissioner for your community, it has been my practice to periodically renew my offer to meet with you and your council if you should so desire. At the present time draft versions of the Metropolitan Council's Transportation Policy_Plan and MTC Transit Development Program are being discussed, and you might like to know the implications for your area as well as discuss other concerns you may have about the MTC, its funding, service levels, etc. I would like to be as helpful as I can while making sure your point of view is properly represented. Recognizing your city's heavy agenda, you may not wish to meet at the present time. If you do, please call and I'll be most happy to attend one of your council meetings or otherwise meet with you. I will be out of town July 4-18. You may call me at 448-4736, or you may write me at the commission office. Respe u ly, L Gayle incannon Commis ioner Precinct H GMK/njh/364 MEMO TO: Industrial Commercial Commission/ Mayor and City Council FROM: John K. Anderson, City Administrator RE: Invest In America ' s Cities Program DATE: June 3 , 1982 Introduction At the April ICC meeting the Mayor discussed the above program with the ICC and the fact that 20 Minnesota cities participated in this program which promotes U.S. cities overseas every two years . After the discussion it was decided that a survey of the 20 cities would be useful . Survey Results Seven of the 20 cities have returned the survey and the results to the questions #3 and #6 seem quite negative . In addition, we found that nearly all of the cities merely included a display in the State of Minnesota ' s booth at very little cost rather than financing their own booth. A tabulation of the brief survey is attached. Alternatives 1 . Do not participate . 2 . Investigate having a display in the Minnesota booth in 1983 . 3 . Investigate having an individual booth. Recommendation Because there was little positive response to questions #3 and #6 , I recommend alternative #1 . Furthermore , it now appears that Valley Industrial Park, through its new partnership, will be promoting the Industrial Park aggressively in the Metro area , U. S . and in Europe which should accomplish the same goal as the Invest In America ' s Cities Program. ICC Motion On June 9 , 1982 John Manahan/Al Furrie moved to recommend to the City Council that the City not participate financially in the Invest in America ' s Cities Program. Action Requested Motion by the City Council to not participate financially in the 1983 Invest in America ' s Cities Program. JKA/jms SURVEY 1 . What was the total cost of your exhibit : a . The exhibit ( planning , assembling, etc. ) $range from $0 to $2,700 b. Travel , room and board, etc . for all people representing your City at the Conference $ 0 to $6000 c . Number of people attending 1 to 4 2 . How were these costs financed? Donations, Chamber, Federal Funds, Personally, & Economic Development Commission Budget 3 . Has your City obtained one or more new businesses as a result of the exhibit? No 4. What type of exhibit did your City prepare? promotional material such as literature, color brochures, packets regarding the area and Industrial Parks 5 . What type of exhibit ( include specific details ) do you feel was effective at the Conference? Did not know 6 . Have there been any indirect benefits from the exhibit and conference? Some letters and communication 7 . Was the exhibit one that you were able to use for other industrial or commercial promotion? ( If yes explain) Ranged from no to fliers being re-used or copied 8 . Taking into consideration the expense involved in the exhibit and conference do you feel it was a good investment? (Explain) One felt it was an unfair question do to the economic conditions; three thought it is always good to get some exposure; one thought it was not good for their area and one thought it would not been good if the City had paid. No answer on the last one. 9 . Name of your City Olivia Brooklyn Park, St. Cloud,_ Kenyon, Robbinsdale, Mankato, and New Ulm / cL MEMO TO: John Anderson City Administrator FROM: Jane Wostrel Planning Secretary RE : Preliminary Plat of Long View Estates DATE : July 16 , 1982 Introduction : The Preliminary Plat of Long View Estates is being presented to the City Council for their approval. Background : A public hearing was held last night at the Planning Commission meeting for the Preliminary Plat of Long View Estates . After hearing public comments , the Planning Commission moved to recommend to the City Council approval of the Preliminary Plat of Long View Estates subject to ten conditions. The case report , which is attached, reflects nine of the conditions as stated in the "Staff Recommendation" . The tenth condition set forth by the Planning Commission is as follows : 10 . Submission of Covenants and By-laws of a Homeowners Association prior to final plat review. Action Requested: Council to approved the Preliminary Plat of Long View Estates subject to the nine conditions as outlined in the Case Report for July 15, 1982 and the tenth added condition as recommended by the Planning Commission. j iw Attachment DATE: July 15 , 1982 CASE : PC 82-24P ITEM: Preliminary Plat of Long View Estates APPLICANT: O.T. B. , Inc . (Jim Pierce) LOCATION: Lying between T.H. 169 and Leg. Rt . 300 and the northerly extension of Tyler and Jackson Streets ZONING: R-4 Multi-family Residential and B-1, Highway Business LAND USE : Vacant Land AREA: Approximately 24 . 25 acres or 19. 53 acres without Highway 169 APPLICABLE REGULATIONS : Section 11. 28; Section 12 PUBLIC HEARING HELD PLANNING COMMISSION ACTION • CITY COUNCIL ACTION Proposal : The applicant is requesting Preliminary Plat approval of a parcel providing immediate development of 23 townhouse units, in an area zoned R-4, and future development of the area zoned B-1. Land Use Compatibility : Surrounding Land Uses : R-2 Urban Residential to the East and South; A farmstead to the West and; Trunk Highway 169 to the North Utilities : All utilities are readily available to the parcel Considerations : 1. The parcel has seven blocks, two outlots and dedicated roadways for Trunk Highway 169, Harrision Street, Sixth Avenue and Legislative Route No. 300. The required density for townhouses to be developed on the parcel abutting Legislative Highway 300 is 4 ,000 square feet per unit . The proposed development includes 23 townhouse units and the parcel provides 8 ,094 square feet per unit which more than satisfies the Code. 2. The proposed townhouses are planned in groups of three and four. Separate lots are platted for each unit, which suggests sale of individual units . The two end groups of lots meet the required 15 foot sideyard setback and all groupings meet the required 40 feet rear yard setback for the total parcel. All Shakopee Planning Commission July 15, 1982 Long View Estates (Prel. Plat) Page -2- cc-- groupings but Block 4 , meet the required 50 foot front yard setback off a minor arterial road and in a R-4 district . Review of the development plan indicates that no unit will be built closer than 50 feet from the front lot line of the total parcel regardless of the position of the individual lots. 3. The units if proposed for separate ownership would not meet front , rear and sideyard setbacks . The development plan submitted does not indicate the developed units as positioned on the individual lots, therefore, the exact deviance for each lot is difficult to determine . The applicant should request a blanket variance for the plat, or aternately the Planning Commission can adopt a position that setback variances for townhouse plats will be considered approved at the time of final plat if each individual lot meets setback requirements relative to the total parcel. Such approval should include certain assurances such as a review by the Building Official to guarantee party-wall construction. 4 . The Northern States Power easement cuts across one of the lots, but proposed development of the lot would not include construction over the easement . 5 . Three existing, mature trees will need to be removed with the proposed development . The proposed landscaping plan adequately provides for replacement of the trees to be removed. Russian Olive Trees proposed for boulevard screen parking 20 feet from the street right-of-way as required. 6 . None of the proposed plat is requested for park dedication, therefore, park dedication should be made in cash, to be paid at the time Building Permits are issued. 7 . No sidewalk is proposed. The proposed development is along a major route from"residential district to the Minnesota Valley Mall and pedestrian access is desirable, From a planning perspec- tive, sidewalk would probably be more desirable along the southern portion of the roadway. However, since development has already occurred across the road and no sidewalks were installed, the Planning Commission may want to require sidewalks with the Long View plat . 8 . The Minnesota Department of Transportation (Mn/DOT) will require access permits for the development of this plat . Informally , Mn/DOT has suggested they may allow only one access instead of two, therefore , it is important that the access permit be secured before submission of Final Plat . 9 . The road system around the proposed subdivision includes a sub-standard intersection and a sub-standard curve . There is nothing that can be done in the proposed subdivision to improve or eliminate these problems. The City Council has determined Shakopee Planning Commission July 15, 1982 Long View Estates (Prel. Plat ) Page-3- to maintain a rural section along Legislative Trunk Highway No. 300, and storm sewer facilities have been constructed for such a section. It is, therefore, recommended that a rural section be maintained along this property . 10 . The proposed subdivision receives lateral service from the West Side Storm Sewer System. Prior to approval of final plat , the developer must submit for approval, a final drainage report and overlot grading plan to specify the volume of developed run-off and the manner in which the drainage will be conveyed to Trunk Highway 169 North of Outlot A. 11. The proposed subdivision is in a controlled sewer district which limits the number of units that can be connected to the sanitary sewer. The proposed subdivision should be limited to a total of 26 multi-family dwelling units or the equivalent thereof. 12. Street lights and stop signs should be installed at each entrance. Due to the convergence of many vehicular access points, traffic safety would be enhanced with installation of these improvements. 13. Proposed sewer and water easements are to be public and an easement for utilities should be indicated on the final plat . A Developer ' s Agreement will be necessary to provide for these public improvements . 14. Watermain must be 8 inches instead of the proposed 6 inch pipe. The Shakopee Public Utilities (SPUC) may opt to oversize this pipe at the time of construction. Design of the water system must be approved by SPUC and should be looped South on Harrison to 10th Avenue, and include an additional hydrant, with spacing between the hydrants to provide a hydrant within a 500 foot radius of each dwelling. Staff Recommendation: Staff recommends approval of the Preliminary Plat of Long View Estates Addition, subject to the following conditions : 1. Approval of Title Opinion by the City Attorney; 2. Park dedication to be paid in cash, at the time Building Permits are issued. 3 . Application for a blanket variance for front , rear and side- yard setbacks. 4. Approval of an access permit by the Minnesota Department of Transportation (Mn/DOT) along Legislative Route No. 300. Shakopee Planning Commission July 15, 1982 Long View Estates (Prel . Plat ) Page -4- 5. Submission of a final drainage report and overlot grading plan to specify the volume of developed run-off and the manner in which the drainage will be conveyed to Trunk Highway 169 North of Outlot A, which meets the approvtal of the City Engineer. 6 . Development of the subdivision be limited to a total of 26 multi-family dwelling units or the equivalent thereof to the existing sanitary sewer system in Legislative Trunk Highway No . 300. 7 . Installation of street lights and stop signs at each entrance. 8 . Provision of an easement on the final plat for the public utilities to be installed in the subdivision. 9 . Execution of a Developer' s Agreement to provide for the construction of the required improvements : a) Water system to be installed in accordance with the require- ments of the Shakopee Public Utilities Commission and minimally including looped service, three hydrants and an 8 inch main. b) Sanitary sewer system to be installed in accordance with the requirements of the City Engineer. c) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Street improvements to be made in accordance with the requirements of the City Engineer. Requested Action : Approve Preliminary Plat of Long View Estates subject to above- listed conditions . Planning Commission Action: Approved Preliminary Plat of Long View Estates subject to the above-referenced 9 conditions and the following added tenth condition: 10. Submission of covenants and By-laws of a Homeowners Association prior to final plat review. 76 MEMO TO: John Anderson City Administrator FROM: Jane Wostrel Planning Secretary RE: Preliminary Plat of Eagle Creek Junction DATE: July 16, 1982 Introduction: The Preliminary Plat of Eagle Creek Junction, consisting of Lots 1 and 2, Block 1 and all of Block 2 is being presented to the City Council for their approval. Background: The Planning Commission held a public hearing on June 21k, 1982 on the Preliminary Plat of Eagle Creek Junction. After receiving input at the public hearing and comments from all who reviewed the plat, the developer was requested to come back with additional information. At the meeting held by the Planning Commission on July 15, 1982, the developer provided the additional information and, therefore, the Planning Commission made the recommendation to the City Council for approval of the Preliminary Plat of Eagle Creek Junction which consists of Lots 1 and 2, Block 1 and all of Block 2, as presented on the preliminary plat. This approval is being recommended subject to the eight (8) conditions set forth by City staff in the attached June 24, 1982 case report, with the exception of Condition No. 3, which should be as follows: 3. Suitable drainage will be established for each parcel when submitted for final plat. You might want to note that Condition No. 5 states approval of a variance and Conditional Use Permit for Lot 1, Block 1. These requests were heard in a public hearing by the Board of Adjustment and Appeals and the Planning Commission and both Variance Resolution No. 306 and Conditional Use Permit Resolution No. 305 were adopted, subject to Final Plat approval by City Council of Lot 1, Block 1. Action Requested: City Council to approve the Preliminary Plat of Eagle Creek Junction, described as Lots 1 and 2, Block 1 and all of Block 2, subject to the conditions set forth in the case report and Condition No. 3, as amended by the Planning Commission. jiw Attachment DATE : June 24, 1982 CASE : PC 82-20P ITEM: Preliminary Plat of Eagle Creek Junction APPLICANT: Inca Development (Gary Laurent) LOCATION: Southeast Quadrant of County Road 16 and 17 ZONING: R-4, Multi-family residential LAND USE: Vacant AREA: 23. 92 Acres SECTION: Section 11. 28; Section 12 PUBLIC HEARING HELD CASE HEARD BY PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL Proposal : The applicant is requesting Preliminary Plat approval for three distinct small parcels within a large parcel, located in the Southeast quadrant of County Roadsl6 and 17 . Only one of the small parcels is proposed for final plat in the near future, with the other parcels to be included as outlots of the initial final plat . Land Use Compatibility : Land Use Parcel : The total parcel is zoned R-4 , multi-family residential and is anticipated to be developed according to the zoned land use . Most adjoining parcels are also zoned R-4, with a small B-2, Community Business segment to the Northwest and a larger R-2, Urban residential zone to the Southeast . Utilities : Water and sanitary sewer are available to this parcel with adequate storm sewer drainage available to some but not all of the property . Considerations : 1. The County has requested that the roadway width be increased from the current 33 feet to 40 feet on County Road 16 because it is designated as a "collector" street in the Scott County Thoroughfare Plan. 2. The increased taking for roadway decreases the area of the proposed Lot 1 and Lot 2, Block 1, below the 113,400 square feet required for the current building(s) proposed for these lots . This change requires the developer to either decrease the unit density proposed or increase the lot size. Preliminary Plat June 24, 1982 Eagle Creek Junction Page -2- 3. An existing storm sewer lies along the former Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way. The preliminary plat does not provide a drainage and utility easement for this storm sewer and such an easement should be provided in the final plat . Existing electrical lines also fall along the abandoned rail right-of-way and should be included in the proposed easements. An easement along the westerly property line of Lot 1, Block 1, should also be provided for existing electrical lines . 4 . Storm sewer facilities do not exist for any development of Block 2. In order to develop Block 2, the developer must submit to the City agreements from property owners downstream in Section 5 and Section 6, for the additional run-off generated by the development or the developer must show in a detailed drainage report how the potential damage of run-off is mitigated. The problems related to drainage for Block 2 are judged extremely severe and it is questionable whether acceptable facilities can be installed. It is, therefore, recommended that the applicant resubmit a new preliminary plat for the parcel identified as Block 2, when these problems are resolved. 5. The developer has proposed private water and sewer lines from the roadway to serve Lots 1 and 2, Block 1. The City desires the water line from the property line to the fire hydrant in the center of the island in the proposed parking lot to be a public service. Shakopee Public Utilities has requested this line to be looped if it is a public service, so the developer should provide for the looping of the line. (If not immediately, a scheme for future looping should minimally be provided) . Given the present plan for water service an easement for this service would be better located along the easterly property line of Lot 1, Block 1. The public designation of this service will require the execution of a Developer' s Agreement for the final plat . 6 . The developer has not submitted a tentative plan of the proposed future street systems for the whole parcel as required in Section 12 . 07, Subd. 1A2. Such plan should be considered by the Planning Commission prior to approval of the Preliminary Plat. 7. The developer should solicit construction or possible vacation of Ramsey Street prior to preparing a preliminary plat for the adjacent area of Outlot B in order to avoid double frontage lots. Subsequent replatting should also provide for a limited number of street or driveway openings to County Roads 16 and 17. The maximum openings recommended along County Road 16 , is four. Preliminary Plat June 24, 1982 Eagle Creek Junction Page -3- 8 . The Fire Department should approve an acceptable access to the rear of the proposed building. 9 . No papcels on the proposed plat are desired for park purposes, so a cash park dedication is recommended, payable at the time Building Permits are issued. 10. The proposed structures for Lots 1 and 2, Block 1 meet the necessary front , back and sideyard setbacks with the exception of proposed zero•lot line construction for the multi-family units to be joined at the sideyard between the two lots . The applicant has proposed the execution of a recordable agreement providing for the joining of the buildings upon securing the necessary variances or the establishment of a 31 foot interval between the units upon construction of the second building. This issue is to be considered by the Planning Commission separately as a variance application. 11. The applicant has prepared a separate conditional use application to exceed the height limitation for his building by 1 foot. Overall the proposed building is well-designed for the site and provides appropriate landscaping that will enhance the site. 12. In an R-4 Zone, each dwelling requires two parking spaces . The proposed development provides 34 open and 46 enclosed parking spaces below the building for a total of 2.2parking spaces per unit . 13. A walkway for pedestrian access should be provided along the County Road 16 right-of-way. If the applicant would prefer to defer development of this improvement or an alternative pedestrian access acceptable to the City, he may recommend postponement of this improvement according to Section 12. 06, Subd. 1D. 14 . The Shakopee Public Utilities have not yet submitted formal comments on this preliminary plat . Some comments were discussed by phone and included in this report but additional comments may be provided for consideration at the Planning Commission meeting. Staff Recommendation: Staff recommends approval of the preliminary plat of Lots 1 and 2, Block 1, Eagle Creek Junction, received and dated June 10, 1982, subject to the conditions as listed below. Lot 1, Block 1, is proposed to be final platted in Eagle Creek Junction 1st Addition, with Lot 2 to be redesignated and platted in a subsequent addition. Block 2 of the preliminary plat is not recommended for approval. Prior to approval, the Planning Commission should also review and approve the tentative future street system for the whole parcel. Preliminary Plat June 24 , 1982 Eagle Creek Junction Page -4- Conditions for approval of Lots 1 and 2, Block 1, are as follows : 1. Provision of the following additional easements : a) 7 foot roadway easement along County Road 16 . b) Drainage and utility easement along the southern line of the abandoned Chicago, Northwestern and Milwaukee Rail- road right-of-way of ten feet or whatever is necessary to incorporate the existing • y sewer and electrical lines . qe,,A. 2 . Assurance that existing drainage and utility easement along the western lot line of Lot 1, Block 1, does include existing electrical lines , or expansion of this easement to include those lines. 3 . Increase in the size of Lots 1 and 2, Block 1, to at least 113,400 square feet to accommodate the density of buildings proposed for those lots . 4 . Fire Department approval of a plan for access to the rear of the proposed building. 5. Application for and approval of variance and Conditional Use Permit necessary to construct building proposed for Lot 1, Block 1, and execution of a recordable agreement placing restrictions on subsequent development of Lot 2, Block 1 (to be part of Outlot A until replatted) . 6 . Park dedication to be paid in cash, at the time building permits are issued. 7 . Approval of a Title Opinion by the City Attorney . 8 . Execution of a Developer ' s Agreement to provide for the construction of the required improvements : a) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission, including a public looped service to the fire hydrants. b ) Pedestrian access along County Road 16 in accordance with the requirements of the City Engineer. Requested Action : Review applicant 's tentative plans for the proposed future street system for the whole parcel and, if acceptable, approve Lots 1 and 2, Block 1, Eagle Creek Junction Preliminary Plat, received and dated June 10, 1982, subject to the 8 conditions listed above. JA/j iw 7 MEMO TO: Judith S . Cox, Acting City Administrator FROM: Jeanne Andre , Acting City Planner RE : Amendment to City Code Section 11 .03 , Subd. 7I "Parcels Abutting Non-Dedicated Public Right-of-Ways" DATE: July 16 , 1982 Introduction The City Council has previously considered the concept of amending the above-listed section of the City Code to allow the issuance of building permits for some parcels which do not abut a public road. The Planning Commission was requested to hold a public hearing to consider the proposed ordinance to amend the code . Background The Planning Commission held the public hearing at its July 15 , 1982 , meeting. No public comment was received. The Planning Commission voted unanimously to not recommend this amendment to the City Council . Rationale for this stance was that the proposed amendment would in effect change the code to allow for continued issuance of permits which had previously been issued contrary to code . Discussion was held as to whether any permits had indeed been issued since the provision prohibiting issuance of permits for parcels not abutting public roads was adopted. This question was not resolved, but the Chairman stated the opinion that the few remaining undeveloped lots abutting private roads could rea- sonably be handled as variance requests . Requested Action Consider adoption of Ordinance No. 98 , An Ordinance of the City of Shakopee , Minnesota , Amending Shakopee City Code Chapter II entitled "Land Use Regulation ( zoning)" by striking the Period at the end of Subd. 7I and adding Certain Provisions and Adopting by Reference Shakopee City Code , Chapter I and Section 11 . 99 . JA/jms MEMO TO : Shakopee Planning Commission FROM: Jeanne Andre Acting City Planner RE : Amendment to City Code Section 11. 03, Subd. 71 "Parcels Abutting Non-Dedicated Public Right-of-Ways" DATE: July 8 , 1982 Introduction : The Planning Commission and City Council have both recently reviewed the requirement of the Shakopee City Code which states that no Building Permits shall be issued for lots which do not abut a dedicated public right-of-way. The City Council requested that the Planning Commission hold a public hearing on an amend- ment to this requirement of City Code and then forward their recommendation back to the City Council. Background : The attached proposed ordinance allows Building Permits to be issued on Maras and Dean ' s Lake Roads and on a street or road owned and maintained by an association or condominium. Numerous memos on this issue have been provided to the Planning Commission in the past few months . For further background on this issue, those memos should be studied. Additional copies of these memos will be provided on request . Requested Action : Hold public hearing to amend Shakopee City Code, Section 11. 03, Subd. 71 and recommend adoption to the City Council of an ordinance which will permit Building Permits to be issued to parcels which abut certain non-dedicated public right-of-ways. JA/j iw Attachment ORDINANCE No. 9 8 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee City Code Chapter II entitled "Land Use Regulation (Zoning)" by striking the Period at the end of Subd 7I and adding Certain Provisions and Adopting by Reference Shakopee City Code, Chapter I and Section 11.99. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section I: Shakopee City Code Sec 11 .03 Subd 7 I is hereby amended as follows: Strike the period at the end of the sentence. Add to Subd 7 I the following: "Except, the two streets currently known as Deans Lake Road and Maras Road, (which were in existence prior to implementation of this provision on April 1 , 1978) and except, any street or road that is owned and maintained by any association or condominium are not subject to the provisions of this section." Section II: Adopted by reference The general provisions and definitions applicable to the entire City Code including the penalty provisions of Chapter I and Section 11.99 entitled "Violation of Misdemeanor" are hereby adopted in their entirety by reference as though verbatim herein. Sectionlll: When in force and effect After the adoption, signing and attestation of this Ordinance it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1982. Mayor of the City of Shakopee A FIEST: City-Clerk 000efi., CITY OF SHAKOPEE a__-, 311 - a 129 Fast First Avenue, Shakopee, Minnesota 55379 pl:.ti, 10,...:- M MEMO Mayor and City Council TO: FROM: LeRoy Houser/Building Official SUBJECT: Fence Ordinance DA : July 12, 1982 Introduction There is a problem with the setback requirements in the fence ordinance Council passed. Problem If the residents put the rear fence 6" fron the rear lot line abutting an alley, there is a possibility the snow plow will take it down and we will have to pay for it. Alternative 1. Leave ordinance as is and deal with any problems when they arise. 2. Change distance to 3' from rear property line if abutting an alley. Requested Action Amend present wording in fence ordinance to read "If a fence on the rear property line abuts a public alley there must be a 3 foot setback. LH:cu ORDINANCE NO. 99 Fourth Series 1 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING SHAKOPEE CITY CODE CHAPTER 4 ENTITLED "BUILDING REGULATIONS" BY ADDING TO SEC 4.03 Subd 1A(l) SETBACK REQUIREMENTS FOR FENCES IN THE REAR PROPERTY LINE ABUTTING AN ALLEY AND ADOPTING BY REFERENCE SHAKOPEE CITY CODE CHAPTER 1 and SECTION 4.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I:_ Section 4.03 Subd lA (1) is amended by adding the following provisions at the end thereof "If a fence on the rear property line abuts a public alley there must be a 3 foot setback. SECTION_II: General Provisions and Definitions applicable to the entire City Code including the penalty provisions of Chapter 1 and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION III: When in force and effect After the adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held thisday of , 1982. ---- Mayor----------------------- ATTEST: City Clerk ----Y--------------- Prapared and approved as to form this 7th day of July, 1982. Coli r, 1.I City Altorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Assessment for Demolition of Accessory Building DATE : July 16 , 1982 Introduction I have prepared the necessary resolutions levying the assessment covering the cost to demolish an accessory building on the Harold Strehlow property. Background As I understand it , Mr. Strehlow had an accessory building on his property which was in unsound condition and in danger of collapse due to age . Mr. Strehlow signed an agreement to have the City demolish the structure and spread the cost over five years . The structure has been removed at a cost to the City of $475 .00. Mr. Strehlow has waived his right to the two public hearings required by Mn. Statutes 429 for making the improvement and levying the assessment . Recommendation Mr. Strehlow is unable to pay the total cost at one time and has requested that he be permitted to pay it over a period of five years . In order to spread the cost over five years , staff is recommending that the demolition cost be assessed and levied just as any street or utility improvement would be. Action Requested 1 . Offer Resolution No. 2027 , A Resolution Ordering the Demolition of an Accessory Building Located upon the South 50' of Lots 6 and 7 , Block 169 , Original Shakopee Plat , and move its adoption. 2 . Offer Resolution No. 2028 , A Resolution Adopting Assessments on the Demolition of an Accessory Building Located upon the South 50 ' of Lots 6 and 7 , Block 169 , Original Shakopee Plat , and move its adoption. JSC/jms RESOLUTION NO. 2027 A RESOLUTION ORDERING THE DEMOLITION OF AN ACCESSORY BUILDING LOCATED UPON THE SOUTH 50 ' OF LOTS 6 AND 7 , BLOCK 169 , ORIGINAL SHAKOPEE PLAT WHEREAS , Harold Strehlow has requested the City to demolish and haul away an accessory building located on the southwest corner of the South 50 ' of Lots 6 and 7 , Block 169 , Original Shakopee Plat ; and WHEREAS , Mr. Strehlow has signed a waiver of his right to a public hearing on ordering the demolition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the demolition of deteriorated accessory building located on the southwest corner of the South 50 ' of Lots 6 and 7 , Block 169 , Original Shakopee Plat is hereby ordered. Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney RESOLUTION NO. 2028 A RESOLUTION ADOPTING ASSESSMENTS ON THE DEMOLITION OF AN ACCESSORY BUILDING LOCATED UPON THE SOUTH 50 ' OF LOTS 6 AND 7 , BLOCK 169 , ORIGINAL SHAKOPEE PLAT WHEREAS , the City of Shakopee has caused the demolish and hauling away of a deteriorated accessory building located on the southwest corner of the South 50 ' of Lots 6 and 7 , Block 169 , Original Shakopee Plat pursuant to a written request from the property owner, Harold Strehlow; and WHEREAS , Mr. Strehlow has signed a waiver of his right to a public hearing prior to the levying of the assessment related to said demolition and also waiving all rights to appeal said assessment . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . That the hereinafter described assessment is_ hereby acc and shall constitute a special assessment against the land named herein and such tract herein included is hereby found to be benefitted by the improvement in the amount of the assess- ments levied against it . 2 . Such assessment listed below shall be payable in equal annual installments extending over a periof of five ( 5 ) years , the first installment to be payable on or before the first Monday in January , 1983 and shall bear interest at the rate of 6% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31 , 1983 and to each subsequent installment when due shall be added the interest for the year on all unpaid installments : Owner Description Principal Harold Strehlow - S . 50 ' of Lots 6 and 7 , $475 .00 127 North Main Block 169 , Shakopee , MN 55379 Original Shakopee Plat 3 . The owner of said property so assessed may, at any time prior to certification of the assessment to the County Auditor , pay the whole of the assessment on such property, with interest accured to the date of payment , to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty ( 30 ) days from the adoption of this resolution; he may there- after pay to the County Treasurer the installment and interest in process of collection on the current tax list , and he may pay the remaining principal balance of the assessment to the City Treasurer. 4 . The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes . Adopted in session of the City Council of the City of Shakopee , Minnesota , held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney Ofik 4 7&./ MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: 1982 Improvement Bonds DATE: July 15, 1982 Council has authorized the Valley Industrial Boulevard South project and the bonding therefore. Our fiscal consultant, Springsted, will have the resolution awarding the sale prepared for the meeting on 7/20/82. The resolution is: A Resolution authorizing issuance, awarding sale, prescribing form and detail and providing for payment of $185,000 General Obligation Improvement Bond of 1982. GV/ljw g/5 ,00LC, MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Vacation of Atwood and Fuller between 4th & 5th Avenues DATE: July 16 , 1982 Introduction Published and posted notice , pursuant to law, has been made that the Council will hold a public hearing on the vacation of Atwood and Fuller Streets between 4th and 5th Avenues on July 20th at 8 : 30 p.m. and 8 :45 p.m. Background See City Planner' s memo of May 26 , 1982 . Alternatives After conducting the public hearings Council has the following alternatives : 1 . Continue the hearing to another date and time . 2 . Close the hearing - (No new information may then be considered at a later time . ) a . Direct staff to prepare proper resolutions of vacation. b. Deny vacation request . c . Direct staff to follow up on issues to be resolved ( please specify) and then bring resolution of vacation back to Council . [Time period between close of hearing and adoption of resolutions of vacation can only be a reasonable amount of time , i . e . not three months or longer. ] 3 . Close hearing and direct staff to follow up on issues to be resolved ( please specify) and hold another public hearing when all issues have been resolved to the satisfaction of the Council , [ if it is perceived that resolution of issues will take some time] . Recommended Action 1 . Conduct hearing. 2 . Give direction to staff. JSC/jms � y ?a/ REQUEST TO BE PLACED ON AGENDA Shakopee City Council Meeting July 20, 1982 TO: Mayor and members of the City Council FROM: Charles A. and Dorothy Ten Eyck PURPOSE: 1. Request that the Council consider amending Section 11. 26 , Subd., 4 (A) of the Shakopee City Code regarding the limitation of three off street parking spaces per dwelling unit, as that Ordinance affects property owned by Mr . and Mrs. Ten Eyck. 2 . Request that pending legal action against Mr . and Mrs . Ten Eyck be suspended until the Council and staff have had an opportunity to inquire into and to make a decision regarding the above request to amend Code. 3 . In the alternative, a request to grant Mr. and ' Mrs . Ten Eyck a variance from the requirements of Section 11. 26 , Subd. 4 (A) . BACKGROUND INFORMATION On or about June 22 , 1982 , we received a "Warning" from the Shakopee Police Department indicating that we were in violation of 11. 26 , Subd. 4 (A) by reason of the fact that we had more than three vehicles parked on our property. When the situation was not adequately corrected, in July, 1982 , we received a "Summons" indicating that we were to appear in Court on July 26 , 1982 for purposes of entering a plea, charged that we were in violation of the above Ordinance. On Tuesday, July 13 , 1982 , we met with the City Administrator and with the Shakopee Police Chief for purposes of seeking their advice and also for attempting to work out a compromise which would take into consideration our peculiar circumstances . At that time, it was their advice that if we were requesting that we be excepted from the requirements of the above Ordinance, that we direct such a request directly to the Council. Our property is located at 502 East Fourth Avenue, and consists of two parcels of land as indicated on the attached map. The larger parcel was originally acquired by Charles A. Ten Eyck ' s father , George Ten Eyck , from the State of Minnesota, November 10 , 1919 and the smaller parcel was also acquired by George Ten Eyck from the State of Minnesota on April 17 , 1941. George Ten Eyck died on April 8 , 1956, and since that time the property has been occupied or owned by Charles Ten Eyck. That entire period of time, the parcels have not changed in size , they have not been subdivided, nor has the use of the property materially changed. At the present time our residence is located on the larger parcel , together with an orchard, vegetable and fruit gardens , approximately one acre which is a hay field. In recent years , we have sold the hay harvested from the hay field, together with grapes , apples , raspberries , cantalope , and watermelons. At the request of the City, on May 6 , 1939 , conveyed the West 18 feet of the larger parcel to the City of Shakopee, subject to the condition that said 18 feet be used by the City "for a public street or any other proper use as said second party (city) may designate, if used as street, drive or alley, the same must be surfaced with Tarvia or similar dressing; the condition herein named is part of the consideration for this deed. " At the present time there is a gravelled "alley" located on that portion of the premises . (a copy of the deed is attached) . The larger parcel of property consists of approximately 2 . 60 acres ; the smaller parcel consists of approximately . 60 acres. DESCRIPTION OF THE PROBLEM 1. We are being asked to limit the number of cars which are parked on our property to three, despite the fact that we have four licensed drivers living in our residence, and will have five licensed drivers as of April, 1983. All of these individuals are members of our immediate family. 2 . In addition, one of our sons races cars , which involves owning a pick-up and trailer for purposes of transporting the race car , all of which are also located on the property. 3 . All of the cars located on the premises are operable, and registered. 4 . Our problem is compounded by the fact that the larger parcel is separated from the smaller parcel by the railroad right of way which, in effect, keeps us from having direct access to Fourth Street and therefore , makes it virtually impossible for us to park any vehicles on a public street. In addition , because of the fact that Fourth Street is a very busy thoroughfare and because our residence is located so far from Fourth Street, any vehicle parked on Fourth Street would be in danger of being vandalized. 5 . Our property is located in such a manner that it is naturally screened by trees, bushes and distance from the nearby residents , and is not as subject to being an eyesore as you would normally expect in a residential neighborhood. In addition , none of our neighbors have complained about the vehicles being parked on our property. 6 . We believe that our property is virtually unique within the residential neighborhoods of the City by reason of : a. Not changed in size or use for approximately sixty three years . b. Is a much larger parcel of property than you would normally find in a residential area. c . It is still used for agricultural purposes. d. It has no on-street parking, and is located a greater than normal distance from a public thoroughfare. (the smaller parcel of property is and always has been vacant) . REQUEST TO THE COUNCIL 1. We are requesting that because of our unique circumstances , that the Council amend the applicable Ordinance in such a fashion so as to take into consideration our unique cir- cumstances . 2 . In the alternative , to grant to us , a variance from the provisions of this Ordinance that we may be allowed to retain on the premises the vehicles which are now located there. 3 . That until we have had an adequate opportunity to be heard by the Council, and for the Council and staff to investigate the advisability of granting our requests , that all pending litigation be suspended, thereby saving us and the City the additional costs expected in connection with legal proceedings. Dated: July 14 , 1982 4.3!) Charles A. Ten Eyck Dorothy Ten Eyck .. _ __- • i L _ o. • I ��1 r r i i a 1111 o . 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IN ., N 0$ • 0•110 0$Iv A - N` 1 1•e...1 ui. , DEED RECORD No. 95 -• SCOTT COUNTY s/,.In," • 4 `d r4,�.''.dv'4., find/or record this ti�i ----- seesI ----alar a+_ f�.v.,„.s.4. TO 193 Y.a . ..... 7"...._..o'c1aA.._ —i/, iN3YR[JIiBIYT • z i / r c •. ✓ . r r rl •-•.1:._ •1A n/l-.-,(,u. 1 GC. iCE re.1J __ _ By -.._se ._. ----- Ek-Pura- ,d THIS INDFiNTURF.'.tlade this .../s.,l:(, ujy of A- j �, i7 .. . 19 3y, ig helu'een ..v erjeC r , e-- ,r. y r�, -i., t.' �� r . sees.• a..• t,/ y� '. ,r• Vc./Cit _.4-!....e.l .u �T/. CV the County of _ „'[4.eve, and.State of ut the Arlt NI t a-.1 '~''ee ' 'y '*,/ ✓4 r. "4."7,4••••", -' -•••s.+.-s...•a • Pat <a� a. ....M Thr sew a .•f /'� .•r r.e l•' .�, %/' L. • • party of the second part. ?i;?;i- \WI I NESSI:-TH. 1 but Oh- said purtl_•rslf the first part. in consideration of the sum of ,<, „,,.t=a-t' .t.. .s..f� ,.-:„,,►rf.- .t a.47.' .%'R.LL.. to_!%6„s,l in hanJd(arty of the paid bythe said e seconpart. f he•rrcnpf whereof is hrrehu acknowledged. do Bargain. Sell and Curtsey unto the said hereby Grant party of the second part. its successors. wird a:.crans Forever.all the tract or parcel (d land lying and being in the('aunty of tri fe- r and State of Minnesota. described its follows. to-wit. • 7- ,,/ r,.....,‘,:.,-,,�-__66,__ • es..Ei• .a... .u.�fi•,.>............4▪::,,,< 1 ._.e ~� , �f j _rhe` �1 ►i • • rJ - ....../.1.1-46-.3.' a f• _.�..ca„�,� ,���.. C-ki i- sees. _ _ ,r ltw.....�/-::/�-- r4.r'# :'� tL_'`L`;1 f� ij..., 3 ' �r- c+�'YG ,f.,/..eC..�..4 .•,-__ --. 64., 2.a.r ,. .L ._. P �,i .r s�I,•_.Ce•ss.L 1l// .s.e, .i .. �''(•<•�re�ire.? .sis:e'4...er�(. ••,.•s•wicc.!_ . rig'_zee'.-.. v. ,'_.A.._ fe([•�dCrei...4. 1-. s� .. �/r/4. L' ._,/s.e.•Ct L .'r dy/j•s.s,r;/ e-!�.✓/1�,.. ti _,...1«..,-.-e /f yi .dh1i44i Qi(�4•' ct'.r=tY / est-1...g , •Li./-.L O i ILl._gra C B.srQt k I t t aL L esti ._.5-.-dc.! co.>4 tt '._ .. + - _ ^! ..fes 4. .,� appurtenances !hereunto belonging i TO HAVE AND TO HOLD 111E SAME. Together with all herelitatnen(s and a u4A`appe•rtaining. to the said party of the q in any- ►�� . arronJ purr. its succeasws and assigns. Fureter And the said purf,tftl of the first purt.yw I'�"`�Gt+tiv -ti4/ r / es.executors and adns(astratort.do pitmen: with the surd party of the word part, its su(c,slurs and ass. ns. that _Utes. -bit• uyll Sneed in fee of the land,and prrnases edoresasdand ha-e e7 goof richt to sell and comfy the un;,•,•r n,unn,r and iters u/u•rss d and that the s..me are free From all rncumbrancrs- 1 And the whose hur,j a-,'f and granted lands and pr m+xs in the quiet and peaceable pnas:uron of the sad .. ..........._- su,s,ssurs and assay,r.s ,tits:ns' a.'1 p•rsun} lilaFulf alarrsrn or to cle'on the whole or anyparty the second part. its, hereinbelure r»rnuonrd. thesaidy a pars thereof s�bvel to rneumisranert. if Deas part ,cr.,,' u/the first purr will Warrant and U:frnd. IN TEST IMONY WHI.1iI.OF. The said pars of the first part ha,' 1 hereunto set; fact uhose writtenk .. lrond�fhe day ceded year In Press n,r •,r `: 4y f yw F ,,.,.e..a,.•✓ • ✓C .,s`e 44,f/ /"..'• 6 . 1 -STA1 L or sell \l sent. (Dusty of ....14-.....47--((_ ss. I or, this i 1�CG Jaya y`Z ,-,...---1'7 19 s:'� before me, a � �� uvrMn and for sad Count ►�__,�t�'°+ ` y. personally apprmreds n'r hhoun to ise the p•rson4▪ ' &scribed in. and who executed the foregoing instrur�rnt `• 0440 II ,'r l wknu,.led rteJ that C he.tl a ecut,J the writ as ,.e.(e`.e-' free -t and deed il /. �' li•E V //sr.ti s,.J a z- / j /,.-�e�*ae l • � `. l s74teteS�,.COsafR .Nary Public _ - County. Minn. My commission expires `ty�4.s 19.!sd- II lases for the year 19 3b- on the lands described u+thrn pad this Z.-CZ day d 3r.,,....,s- 19'3 5'. ..i• .l .(...i`arsrsce ./-"• County Treasurer. By i4/ f Tures pt dj.rnJ 'Ira ter rrsirrrd thiss� -Dery if •Lest•. J. j/tit-ii . d>«!of /rv..ettw� 19_sig.. { County Auditor. BV u • I 1 e > CA .. _ .. ,�. sees .. . .,a. '�.•2i MEMO TO : John K . Anderson City Administrator {{,� FROM : H . R. Spurrier '`)/1t City Engineer ase _ --- RE : Minnesota Valley 5th Ad. tion Storm Sewer' City of Shakopee Storm Sewer Policy DATE : July 19, 1982 Introduction : The City has policy for the extension of storm sewer. Application of the policy as it relates to laterals and trunks presents a problem. Background : A storm sewer is an element of public improvements required for the property south of Valley !vial' including Minnesota Valley 5th Addition. In an effort to establish funding responsibility for the storm sewer, it became clear that City policy was unclear in specifying that responsibility. The present policy assumes that somehow the definition of "lateral" and "trunk" exist. These definitions do not exist and the actual definition used by the City is a policy matter, not an Engineering definition. There are some Engineering facts that are necessary for the definition but these facts relate to oversizing required to accommodate increased runoff as a result of existing or proposed land disturbing activities. There are many approaches to establishing the definition of "laterals" and "trunks" . Listed below is a recommended criteria for each : I . Trunks a. Required pipe serves an area upstream and beyond the assessed or developed area. b. Required pipe size is larger than a specific minimum diameter, 36 inches (any diameter 18 inch and greater could be used) . c. Required pipe size would be smaller if the tributary basin was un- developed. John K. Anderson -2-- July 19, 1982 II . Laterals a. Required pipe size is smaller than 33 inches (any diameter greater than 18 inch could be specified) . b. Required pipe does not have to be extended beyond the development or assessed area. Listed below are four alternatives for specifying and assessing storm sewer laterals and trunk: Alternate I : Present policy as administered: Laterals 18 inch/greater Trunks 18 inch/greater Developer is responsible for the entire cost of any pipe which serves the developed land. The City pays half the cost of any pipe which serves land outside the development. Alternate II : Present policy modified: Laterals 18 inch/36 inch Trunks 42 inch/greater Developer is responsible for the entire cost of pipe 18 inch through 36 inch. City pays half the cost of 42 inch and larger. Alternate III : Specific pipe size: Laterals 18 inch/36 inch Trunks 42 inch/greater Developer is responsible for the entire cost of pipe 18 inch through 36 inch. City pays oversizing for pipe 42 inch and larger. Oversizing is the cost of the pipe construction less the cost of 36 inch pipe construction. Alternate IV : Historic Flow : Developer is responsible for the entire cost of any 18 inch pipe and is responsible for the entire cost of any facilities or pipe required to convey the historic flow and any increased runoff from the developer's land. The City may require the developer to provide additional capacity. Any oversizing required as a result of providing additional capacity, shall be paid by the City. John K . Anderson -3- July 19, 1982 These alternatives presume that the definition of ''laterals" and "trunks" has been established pursuant to the criteria specified above. Alternate I Pros Cons 1 . Preserves existing policy . 1 . Developer may pay an unfair percent of the cost in some cases. 2. Limits the cost to a developer. 2. The City may pay an unfair percent of the cost in some cases. 3. Policy penalizes larger developments. 4. City faces resistence in requiring additional oversizing. 5. City faces uncertain cost. Alternate II Pros Cons 1. Limits the cost to a developer. 1. Developer may pay an unfair percent of the cost in some cases. 2. The City may pay an unfair percent of the cost in some cases. 3. City faces resistance in requiring additional oversizing. 4. City faces uncertain cost. Alternate Ill Pros Cons 1 . City exposure to cost is certain. 1. Developer may pay an unfair percent of the cost in some cases. 2. A larger share of project cost is paid by the developer. 3. The cost to a developer is limited. John K . Anderson -4-- July 19, 1982 Alternate IV Pros Cons 1. City exposure to cost is certain. 1. Developers in large drainage ways would not have resources to build 2. Developer's cost is related to use. necessary improvements. To reiterate, the question of what a lateral or trunk should be and what over- sizing should be is not an Engineering question, but a policy question. The alternatives range from Alternate I, which has the greatest cost assessed to the City to Alternate IV, which has a minimum exposure to cost for the City. The most appropriate alternative is perhaps somewhere between Alternate I and Alternate IV. As it is applied now, larger developments are penalized by present policy, where smaller subdivisions such as Minnesota Valley 5th Addition and Furrie 2nd Addition benefit because any facilities installed benefit land outside the subdivision and could be considered trunk facilities because they benefit off-site areas. Attached is the draft copy of proposed Storm Drainage Criteria. City staff proposes to meet with developers and consultants working in the City prior to recommending the adoption of the criteria. It would, therefore, be appropriate to consider a revision or modification of present lateral and trunk storm sewer assessment at the same time, regardless of what decision Council makes regarding the oversizing or trunk cost. A decision should be made soon on the definition for "trunk storm sewers" and "laterals storm sewers" . The problem of Mr. Wiggin's storm sewer still exists. Pursuant to present policy, the City would pay half the cost of the extension of his storm sewer because the storm sewer serves tributary areas outside the development. In the case of Mr. Wiggin's storm sewer, it is the recommendation of City staff that one-half the cost of that storm sewer be paid by the City, pursuant to present policy. City staff is not aware of what Mr. Wiggin's specific request will be at the meeting, and therefore, this memoranda addresses only the question of lateral and trunk sewer costs. HRS/jiw Attachment PROCEDURE FOR APPROVAL OF DRAINAGE REPORTS Preliminary Drainage Report: This report shall be approved by the City Engineer prior to Engineering approval of any Preliminary Plat or Preliminary P.U.D. The study will consist of calculations, comments and descriptions on 82" x 11" paper and an area map on one 24" x 36" drawing. Calculations shall include minor and major storm run-off calculations of all tributary areas to the development, all collection points within the development and all points discharging from the development. The 24'' x 36" map shall be a topographic map of both the development and all areas tributary to the development less than 2000 acres. The map shall show the total acreage and total flow at all points noted in the calculations. In addition, the map shall show the proposed location of all drainage facilities to be located within the development and their relationship to any existing facilities in adjacent developments. Any scale from 1" = 50' to 1" = 1000' may be used to limit the drawing to one sheet. When approved, these drawings shall be signed by the City Engineer. This approval shall constitute a conceptual approval only. Final Drainage Report: This study shall be submitted and approved in conjunction with construction drawings. The study shall include calculations on 8z" x 11" paper and a drainage map of the development of 24" x 36" drawing. Calculations shall include runoff, retention, channel flow and any other calculations necessary for the design of the drainage system. The drainage map shall be prepared on the overlot grading plan for the development. It shall illustrate the drainage patterns in the development as well as the location of all drainage facilities with- in the development. The map shall also list the total flow and acreage tribuatary to all collection points within the development. When intersections serve as collector points, the flow in each curb line must be noted. This drawing may use scales from 1" = 50' to 1" = 200', in order to limit the drawing to one sheet. When more than one sheet is used a scale of 1" = 200' shall be utilized. Also, at this time, the preliminary drainage report shall be updated and resubmitted with the final drainage plans. When approved, the final drainage report will be signed by the City Engineer and shall constitute a formal approval of the drainage plan. Any land disturbing activities must conform to this plan. Any modification made to approved plans must be made pursuant to current design criteria. PART I STORM DRAINAGE DESIGN and TECHNICAL CRITERIA SECTION 1.00 GENERAL: This part sets forth the minimum design and technical criteria and specifications for the analysis and design of drainage systems. All subdivision plats, planned building groups, or any other proposed construction submitted for approval shall include adequate storm drainage analysis and appropriate drainage system design before approval of any phase of construction will be made by the City Engineer. Such analysis and design shall conform to the criteria set forth herein. SECTION 2.00 MINIMUM DESIGN CRITERIA: 2.01 ANALYSIS 201. 1 ACCEPTABLE METHODS. Analysis and determination of the amount of flow at various points in the drainage system shall be made by approved systematic and comprehensive methods. The following methods shall be used to verify the adequacy of designs submitted for approval : a. Rational Method. b. Technical Release No. 55 published by SCS. c. Statistical analysis conforming to the approved hydrograph procedure or criteria set forth herein. 201.2 CRITERIA FOR STORM-FLOW ANALYSIS. The following criteria shalrbe utilized it the analysis of the drainage system. a. Runoff analysis shall be based upon proposed land use, and shall take into consideration all contributing runoff from areas outside of the study area. The analysis of storm runoff from existing developed areas lying outside of the study area shall be based upon present land use and topographic features. All undeveloped land lying outside of the study area shall be considered as fully developed based upon the most probable anticipated future land use. Provided, however, that when- ever the future land use of a specific undeveloped area cannot be accurately predicted, the average runoff coefficient to be used in said area shall not be less than 0.65 for the Rational Method runoff coefficient or an approved equivalent value for any other method. b. The probable future flow pattern in undeveloped areas shall be based on existing natural topographic features (existing slopes, drainage ways, etc.) Storm Drainage Specifications c. Average land slopes in both developed and undeveloped area may be used in computing runoff. However, for areas in which drainage patterns and slopes are established, these shall be utilized. d. Flows and velocities which may occur at a design point when the upstream area is fully developed shall be considered. Drainage facilities shall be so designed such that increased flows and velocities will not cause erosion damage. e. Streets shall not be used as floodways for the initial storm runoff. The primary use of streets shall be for the conveyance of traffic. The computed amount of runoff in streets shall not exceed the requirements set forth in Subsection 2. 02.09 below. f. The use of onsite detention and natural drainage ways is recommended and encouraged whenever possible. The changing of natural drainage way locations will not be approved unless such change is shown to be without unreasonable hazard and liability, substantiated by thorough analysis and investigation. g. The planning and design of drainage systems shall be such that problems are not transferred from one location to another. Outfall points shall be designed in such a manner that will not create flooding hazards downstream. h. Flood plain information will be required on all preliminary and final drainage drawings, and shall include the area inundated by the major storm runoff. i. Where a master drainage plan for the City is available, the flow routing for both the initial storm and major storm runoff shall conform ti said plan. Drainage easements conforming to the master plan will be required and shall be designated on all drainage drawings and subdivision plats. In areas where a master plan is not yet available and where subdivision platting and building is contemplated along natural drainage ways not yet developed upstream or down- stream, drainage easements which will include the major storm runoff shall be required. These easements shall be shown on all drainage drawings and subdivision plats. j. Approval will not be made for any proposed building or construction of any type of structure including retaining walls, fences, etc., or the placement of any type of fill material, which will encroach on any utility or drainage easement and impair surface or subsurface drainage from surrounding areas. -2- Storm Drainage Specifications 2.02 DESIGN STANDARDS 2.02. 1 INITIAL AND MAJOR DESIGN STORM . Every urban area has two separate and distinct drainage systems, whether or not they are actually planned for and designed. One is the initial system corresponding to the initial (or ordinary) storm recurring regularly. The other is the major system corresponding to the major (or extraordinary storm) which has a 1 percent chance of recurrance. Since the effects and routing of storm waters for the major storm may not be the same as for the initial storm, all storm drainage plans submitted for approval shall be submitted in detail in two separate phases. One indicating the effects of the initial storm and the other showing the effects of the major storm. a. Initial Storm Provisions. The initial storm drainage system shall be so designed as to provide protection against regularly recurring damage, to reduce street maintenance costs, to provide an orderly urban drainage system and to provide convenience to the urban residents. Storm sewer systems consisting of underground piping, natural drainage ways and other required appurtenances shall be considered as a part of the initial storm drainage system. b. Major Storm Provisions. The major storm drainage system shall be so designed as not to cause major property damage or loss of life from storm runoff expected from the major storm. The affects of the major storm on the initial drainage system shall be noted. 202.2 DESIGN STORM FREQUENCIES. The initial and major design storms shall not be less than the following return period frequencies: TABLE 1-1 DESIGN STORM FREQUENCIES DESIGN STORM RETURN PERIOD Land Use Initial Storm Major Storm Residential 2 Year 100 Year Planned Building Group (Residential) 2 Year 100 Year (Business) 5 Year 100 Year Public Building Area 5 Year 100 Year High Value General, Commercial and Business Areas 5 Year 100 Year Parks, Greenbelts, etc. 2 Year 100 Year Open Channels & Drainage Ways - 100 Year Detention and Retention Ponds - 100 Year -3- Storm Drainage Specifications 2.02. 3 RAINFALL INTENSITIES. The rainfall intensities to be used in the computation of runoff shall be obtained from the Intensity - Duration - Frequency Curves for Shakopee, Minnesota, or from the corresponding Rainfall - Depth - Duration - Intensity Tables, included in these specifications. 2. 02.4 RUNOFF COMPUTATION. Total storm water runoff shall be computed in accordance with the criteria set forth in Subsection 2.01 above. Runoff computations for both the initial storm and the major storm shall be submitted with the proposed storm drainage plan. Computations shall be submitted on forms similar to those included in these specifications. The Rational Method shall not be used to compute storm runoff for areas in excess of 200 acres or for complex drainage basins. These larger basins shall be analyzed by T .R. No. 55 if the area does not exceed 2, 000 acres, or by appropriate hydro- graph methods. 2. 02. 5 RUNOFF COEFFICIENTS a. Rational Method Runoff Coefficients. The runoff coefficient (C) to be used in conjunction with the Rational Method shall not be less than those listed in the following table: TABLE 1-2 RUNOFF COEFFICIENTS (RATIONAL METHOD) Area Description Runoff Coeff. (C) Business: Downtown Areas 0.95 Neighborhood Areas 0. 70 Residential : Single-family Areas 0.50 Multi-units (detached) 0.60 Multi-units (attached) 0.75 Residential (2 acre lots or larger) 0.40 Apartment Dwelling Areas 0.70 Industrial : Light Areas 0.80 Heavy Areas 0.90 Parks, Cemeteries 0.25 Playgrounds 0.35 Schools 0.55 Railroad Yard Areas 0.40 -4- Storm Drainage Specifications Area Descripticn Runoff Coeff. (C) Undeveloped Areas: Permanent Unimproved Areas, Greenbelts, etc. 0.20 Temporary Unimproved Areas which can be considered as fully developed in the future 0.65 As an alternate to the above coefficients or for areas not specifically listed above (Planned Building Groups, Shopping Centers, Trailer Parks, etc.) a composite runoff coefficient based on the percentage of the different types of surfaces involved shall be used. Coefficients with respect to surface type shall not be less than those listed in the following table: TABLE 1-3 RUNOFF COEFFICIENTS FOR COMPOSITE ANALYSIS (RATIONAL METHOD) Surface Type Runoff Coeff. (C) Streets: Asphalt 0. 95 Concrete 0.95 Drives and Walks 0.85 Roofs 0.95 Lawns, Sandy Soil : Flat 2% 0. 10 Average 2% - 7 0 0. 15 Steep 7% 0.20 Lawns, Heavy Soil : Flat 2% 0.20 Average 2% - 7% 0.25 Steep 7% 0.35 The composite runoff coefficient (Cc) shall be calculated using: C. A4. Cc = 1=1 At -5- Storm Drainage Specifications where Cc = composite runoff coefficient Ci = individual runoff coefficient corresponding to the specific type of surface A. = area of each different type of surfaces to be considered At = total drainage area involved for which the composite coefficient is applicable = number of different types of surfaces to be considered It should be noted that the units of A. and At are immaterial as long as they are the same. The coefficients listed in Tables 1-2 and 1-3 are applicable only for storms of 2 to 5 year frequencies. Less frequent higher-intensity storms will require modification of the runoff coefficient to account for antecedent precipitation and the corresponding lessening amount of infiltration and other losses which have a direct affect on runoff. The Rational Method Formula for use with major storms shall be modified by a frequency factor (Cf) so that the Rational Formula now becomes: Q = (CC f)IA; CCf <1. 0 where Q = storm flow (cfs) I = rainfall intensity (in/hr.) A = drainage area (acres) C = runoff coefficient obtained from Tables 1-2 or 1-3 Cf = frequency factor used to account for antecedent precipitation The values of C to be used shall not be less than those listed in Table 1-4. The product of f C x Cf should not exceed 1.0. -6- Storm Drainage Specifications TABLE 1-4 FREQUENCY FACTORS (Cf) FOR RATIONAL FORMULA Design Storm Frequency Formula Return Period -tl Cf -- 2 1.0 5 1. 0 10 1. 0 25 1. 1 50 1. 2 100 1. 25 2. 02. 6 OPEN CHANNELS. Except as modified herein, open channels shall be designed for the 100 year frequency storm and shall conform to the criteria set forth herein. The channel design shall also be analyzed with respect to initial storm runoff and its effect made known. Whenever practical, the channel should have slow flow characteristics, be wide and shallow, and be natural in its appearance and functioning. Channels should be designed in such a manner that flows at the critical depth and supercritical flows are avoided. Channel capacities should be computed from Manning's Formula for uniform flow. The channel cross section may be almost any type suitable to the location. However, the limitations for design for the major storm and initial storm design flows shall include: a. Side Slopes. Side slopes shall be as flat as practical. Side "Topes o1= 4 : 1 shall be considered a normal minimum. Under special conditions approved by the City Engineer, slopes of 3 : 1 or steeper may be utilized with paved channels. b. Depth. The maximum design depth of flow for the major storm should be limited to 3. 5 feet, although depths of 4. 0 feet may be acceptable where good channel maintenance may be expected and durations of peak flows are short. The design depth of flow for the initial storm runoff should not be less than 1 . 0 feet. Critical depths shall be investigated for both the major and initial storm runoffs and these values made know. c. Freeboard. Except where localized overflow in certain areas rs desirable for additional ponding benefits or other reasons, the minimum allowable freeboard shall be 2. 0 feet. d. Bottom Width. Normally the bottom width should be at least 6 to-8 times the depth of flow. Minimum acceptable bottom width is normally 10.0 feet. -7- Storm Drainage Specifications e. Longitudinal Slope of Channel . Grass-lined channels normally will have longitudinal slopes of 0. 2 to 0.6%. Where the natural topography is steeper than desirable, drops may have to be utilized. f. Curvature. Generally, the center line curvature should not have a radius less than twice the design flow top width, but not less than 100 feet. g. Trickle Channels. Trickle channels or underdrain pipes to carry low flows will be required for all urban grassed channels. The capacity of a trickle channel should be approximately 1 . 0% of the major design flow. h. Design Velocity . Maximum velocities for the initial storm shall not cause erosion in unlined channels with vegitative cover. Minimum velocities for lined channels shall not be less than 2.0 feet per second for the initial storm runoff. Maximum velocities for the major storm design runoff shall not exceed 7. 5 feet per second for unlined channels. Design supercritical flow shall not be permitted. i. Roughness Coefficient (n) . The values for Manning's "n" shall not be less than triose specified in Subsection 4. 02 below. j. Erosion. All channels shall be designed with the proper and adequate erosion control features. k. Water Surface Profile. A water surface profile for the major storm runoff shall be computed for all channels and clearly shown on the final drawings submitted for approval. Compu- tations of the water surface profile should utilize standard backwater methods, taking into consideration all losses due to velocity changes, drops, bridge and culvert openings, and other obstructions. Computations shall be submitted with the final design plan. Whether or not the energy gradient line is shown on the final drawings is optional. 2. 02. 7 STORM SEWERS AND STORM INLETS. Except as subsequently modified, the design of storm sewers and storm inlets shall conform to the criteria set forth in this criteria and acceptable engineer practice. Storm sewers and inlets shall be of sufficient capacity to adequately carry the expected runoff from the initial design storm. The storm sewer system and subsequent storm inlets shall commence at all locations where the allowable street capacity is exceeded or wherever unacceptable ponding of water is likely to occur. a. Storm Sewers. ( 1) The minimum allowable pipe size to be used in storm sewers shall be 18 inches. Arch pipes, horizontal eliptical pipes and vertical eliptical pipes will be allowed where design conditions dictate, provided, however, the minimum cross- sectional areas shall not be less than those specified above. All -8- Storm Drainage Specifications storm sewer conduits shall be of sufficient structural strength to withstand a minimum H-20 design load and the criteria set forth in Part II , Section 9.00. (2) The maximum allowable distance between manholes or other suitable appurtenances for cleanouts shall not exceed those listed in Table 1-5 below : TABLE 1-5 MAXIMUM ALLOWABLE MANHOLE SPACING Inside Diameter Maximum Allow or Distance Between Minimum Head Room Manholes & Cleanouts 18" - 36" 400 ft. 36" - 60" 500 ft. 60" & Larger 750 ft. ( 3) The capacities of conduits shall be computed using Manning's Formula or appropriate flow nomographs. The value of the roughness coefficient (n) to be used shall not be less than those specified in Subsection 4. 02 below. The average full-flow velocity in conduits shall not be less than 2. 0 feet per second. b. Storm Inlets. Allowable storm inlets shall be curb opening inlets equal to City of Shakopee Standard Specifications. Grated curb inlets may be utilized when approved. The castings used shall be approved. The theoretical capacity and spacing of storm inlets will be analyzed using the criteria set forth herein. The allowable capacity will be determined using a reduction factor of 35 percent so that the allowed capacity is 65 percent of the theoretical capacity. These reduction factors compensate for debris plugging, pavement overlaying, variations in design assumptions or other factors which decrease inlet capacities. The size of outlet pipes from storm water inlets shall be based upon the theoretical capacity of the inlet, but shall not be less than 18 inches in diameter. 9- Storm Drainage Specifications Computations for storm sewer design and storm inlet designs shall be submitted on forms similar to those included in these specifications for approval. Adequate details of the proposed storm sewer system, including plan and profile, details of inlets, manholes and other appurtenances shall be included in the overall drainage plan submitted for approval. 2.02.8 CULVERTS. Culvert capacities shall be at least equal to the capacities of culverts designed in accordance with the procedures outlined in the Bureau of Public Roads, Hydraulic Engineering Circulars No.'s 5 and 10. Culverts may be of any shape and construction as required by existing topo- graphic features; provided, however, the size, shape, location and type of construction of culvers shall be subject to approval. Culvert installations without debris protection shall be designed with an emergency overflow for the major storm on all streets other than major arterials. Culverts under arterials shall have sufficient capacity to pass all of the run- off from the major storm considering 20 percent of the inlet plugged. In deter- mining the amount of emergency overflow required, the following capacity credits shall apply : TABLE 1-6 CAPACITY CREDIT FOR STRUCTURES % of Major Storm Cross-Sectional Capacity Credit Flow to be Area of Structure ,o of Full Flow Capacity) Considered As Overflow 4. 20 Sq. Ft. 0% 100% 220 Sq. Ft. 80% 20% The appropriate amount of emergency overflow onto streets shall be taken into account when analyzing storm runoff and allowable street capacities for the major storm. The following design criteria shall be utilized for all culvert design: -10- Storm Drainage Specifications a. The culvert including inlet and outlet structures shall properly take care of water, bed-load and debris at all stages of flow. b. Inlets. Culvert inlets shall be designed to minimize entrance and friction losses. Inlets shall be provided with either flared-end sections or head walls with wing walls. Projecting ends will not be acceptable. For large structures, provisions shall be made to resist possible structural failure due to hydrostatic uplift forces. c. Outlets. Culvert outlets shall be designed to avoid sedimentation, undermining of the culvert, or erosion of the downstream channel. Outlets shall be provided with either flared-end sections or headwalls, with wing- walls. Projecting outlets will not be acceptable. Add- itional outlet control in the form of an energy dissapator, riprap, channel shaping or other measure may be required where excessive discharge velocities occur. d. Slopes. Culvert slopes should be such that neither silting nor excessive velocities and scour occur. Generally, the minimum slope of culverts shall be limited to 0. 50%. e. Headwater. Generally, the headwater to diameter ratios should not exceed those recommended below : TABLE 1-7 RECOMMENDED MAXIMUM HW/D RATIOS Storm Frequency HW/D 10 Year \1 . 0 100 Year <1 . 5 Excessive ponding above culvert entrances will not be acceptable if such ponding appears likely to cause property or roadway damage, culvert clogging, saturation of fills, detrimental upstream deposits of debris, or inundate existing or future utilities and structures. f. Tailwater. The height of tailwater at the outlet shall be subject to the criteria set forth in Subsection 2. 02. 8 CO above. -11- Storm Drainage Specifications g. Hydraulic Design. Culverts shall be analyzed to determine whether discharge is controlled by inlet or outlet conditions for both the initial storm discharge and the major storm discharge. The value of the roughness coefficient (n) used shall not be less than those specified in Subsection 4. 02 below. Computations for selected culvert sizes shall be submitted for approval on forms similar to those included in these specifications. h. Minimum Allowable Size. The required size of the culvert shall be based upon adequate hydraulic design analysis. In no case, however, will approval be made for round culverts with less than 18 inches inside diameter, or for arched or oval shaped culverts with span-rise dimensions less than 29 inches x 18 inches nominal, or for culverts of any other shape which have a cross sectional area less than 2. 2 square feet and a height greater than 18 inches. i. Multiple Culvert Installations. Where physical conditions dictate, multiple culvert installations will be acceptable, subject to approval. Provided, however, the minimum size of any culvert to be used shall not be less than the requirements set forth in Subsection 2. 03. 9 (h) above. j. Structural Design. The structural design of culverts shall conform to those methods and criteria recommended by the manufacturer of a specific type of culvert for the specified embankment conditions. Where appropriate the applicable provisions of Subsection 2. 02. 7 above shall also apply to the design of culverts. 2. 02. 9 STREET FLOW CAPACITIES. Except as modified here in, the criteria set forth in this criteria and acceptable engineering practice will be used in analyzing and approving the adequacy of streets as a function of the drainage system. Both the initial storm runoff and major storm runoff must be considered and calculations showing such runoff at critical sections shall be submitted. The following criteria shall apply in the determination of allowable street flow capacities: a. Street, curb/gutter, walks, cross pans and curb cuts shall conform to City of Shakopee Standard Specifications for the Construction and Reconstruction of Roadways, Sanitary Sewer and Storm Sewer of latest revision thereof. b. Street Capacity for Initial Storms. Pavement encroachment for the initial design storm shall not exceed the limitations set forth in the following table: -- 12- Storm Drainage Specifications TABLE 1-8 ALLOWABLE PAVEMENT ENCROACHMENT AND DEPTH OF FLOW FOR INITIAL STORM RUNOFF Street Classification Maximum Encroachment* Local No curb overtopping. Flow may spread to crown of street. Collector No curb overtopping. Flow spread must leave the equivalent of one 10 foot driving lane clear of water. Arterials No curb overtopping. Flow spread must leave the equivalent of two 10 foot driving lanes clear of water. One lane in each direction. Freeways No encroachment is allowed on any traffic lane. *Where no curbing exits, encroachment shall not extend past property lines or drainage easement. The storm sewer system shall commence at the point where the maximum allowable encroachment occurs. c. Street Capacity For Major Storm. The allowable depth of flow and inundated area for the major design storm shall not exceed the limitations set forth in the following table: TABLE 1- 9 ALLOWABLE DEPTH OF FLOW AND INUNDATED AREA FOR MAJOR STORM RUNOFF Street Classification Allowable Depth and Inundated Areas Local and Collector Residential dwellings, public, commercial and industrial buildings, shall not be inundated at the ground line, unless buildings are flood proofed. The depth of water over the gutter flowline shall not exceed 18 inches. -13- Storm Drainage Specifications Street Classifications Allowable Depth and Inundated Areas Arterial and Freeway Residential dwellings, public, commercial and industrial buildings, shall not be inundated at the ground line, unless buildings are flood proofed. Depth of water at the street crown shall not exceed 6 inches to allow operation of emergency vehicles. The depth of water over the gutter flowline shall not exceed 18 inches. d. Cross Street Flow. Cross street flow can occur by two separate means. One is runoff which has been flowing in a gutter and then flows across the street to the opposite gutter or inlet. The second case is flow from some external source, such as a drainage way or conduit, which will flow across the crown of the street when the conduit capacity is exceeded. The maximum allowable cross street flow depth based on the worst condition shall not exceed the limitations stipulated in the following table: TABLE 1 1-0 ALLOWABLE CROSS STREET FLOW Street Initial Design Major Design Classification Storm Runoff Storm Runoff Local 6-inch depth at crown 18 inches of depth or in cross pan above gutter flowline Collector Where cross pans allowed, 18 inches of depth depth of flow shall not above gutter flowline exceed 6 inches Arterial None 6 inches or less over crown Freeway None 6 inches or less over crown e. Capacity Calculations. All theoretical flow capacities shall be reduced by the appropriate reduction factors to obtain allowable flow capacities. SECTION 3. 00 DESIGN METHODS : 3. 01 GENERAL. Various methods are available for the analysis and design of drainage systems. The methods described in this section are some of the most common and, if used, shall conform to the limitations included herein. For any method used, the rainfall intensity and total rainfall depth for the selected design storm frequency shall be determined from the Intensity - Duration - Frequency Curves and Rainfall Depth - Duration - Intensity Tables for Shakopee, Minnesota included in this criteria. -14-- Storm Drainage Specifications 3. 02 RATIONAL METHOD. This method is applicable for small urban areas of less than 200 acres in size. The following limitations shall apply to the Rational Method : a. The Rational Formula shall be modified for antecedent precipitation such that the Rational Formula is: Q = (CCf) IA; CCf 1 . 0 where Q = storm runoff (cfs) A = drainage area (Ocres 1 = rainfall intensity (in/hr. ) to be obtained from Charts 1-1 through 1-4 C = runoff coefficient to be obtained from Table 1-2 or Table 1-3 Cf= frequency factor to be obtained from Table 1-4 b. The runoff coefficient (C) and the frequency factor )C;) for antecedent precipitation shall not be less than those listed in Subsection 2. 02. 5 (a) above. 3. 03 HYDROGRAPH PROCEDURES. These methods must be well documented. a. Depression and detention values are subject to approval. b. For the design location the rainfall time interval selected shall not be less than 5-minutes for urban basins less than 500 acres and not less than 10-minutes for basins greater than 500 acres. c. Unless verified otherwise by tests the infiltration rates listed in Table 1-11 below will apply. TABLE 1-11 INFILTRATION RATES 2nd Half Hour Storm Frequency 1st Half Hour to End of Storm 2 to 5 Year return period 1. 0 inch/hour 0.5 inch/hour 6 to 100 Year return period 0. 5' inch/hour 0. 5 inch/hour -15- Storm Drainage Specifications SECTION 4.00 DESIGN AIDS : 4. 01 GENERAL. The design data, forms, standards and other information presented in this section are included as design aids for the engineer. All data included herein shall be 'considered as minimum design criteria, unless specified otherwise, and will be utilized to determine the adequacy of any storm drainage system submitted for approval. 4. 02 ROUGHNESS COEFFICIENT (n) . The value of the roughness coefficient (n) to be used in Manning's Formula shall not be less than those listed in the following table: TABLE 1-14 MINIMUM VALUES OF ROUGHNESS COEFFICIENT (n) Type of Channel and Description Minimum n A. Closed Conduits 1. Concrete pipe a. Culverts with bends, connections and some debris 0. 013 b. Storm sewer 0.013 c. Subdrain with open joints 0.016 d. CMP culverts 0.024 2. Concrete Surface (bottom and sides) a. Smooth finish 0. 015 b. Unfinished 0. 017 3. Concrete Bottom with sides of: a. Mortared stone 0. 020 b. Dry rubble or riprap 0. 030 4. Gravel Bottom with sides of: a. Formed concrete 0. 020 b. Dry rubble or riprap 0.033 B. Excavated or Dredged Channels and Ditches 1. Earthern, straight and uniform, no brush or debris a. Grassed, less than 6 inches high with : ( 1) Depth of flow 2.0 feet 0. 035 -16- Storm Drainage Specifications Type of Channel and Description Minimum n (2) Depth of flow >2.0 feet 0. 030 b. Grassed, approximately 12 inch high with: ( 1) Depth of flow 52. 0 feet 0.060 (2) Depth of flow >2. 0 feet 0. 035 c. Grassed, approximately 24 inches high with : ( 1) Depth of flow 42. 0 0 feet 0. 070 (2) Depth of flow >2. 0 feet 0.035 d. Earth bottom with riprap on sides 0. 040 2. Earthern, Winding and Sluggish a. Grassed bottom and slopes ( 1) Depth of flow 43. 0 feet 0. 080 (2) Depth of flow >3. 0 feet 0.050 b. Unmaintained with dense weeds, debris, etc. ( 1) Depth of flow `3.0 feet 0. 120 (2) Depth of flow >3. 0 feet 0. 110 3. Rock or Shale Cuts a. Smooth and uniform 0. 035 b. Jagged and irregular 0.040 C. Curb and Gutter (Concrete) 0.021 4.03 DESIGN CHARTS AND FORMS. The design charts and forms included herein are listed. Whenever additional design aids are developed, they will be made available. Additional copies are available upon request at no cost. 4.03. 1 DESIGN CHARTS. Description Chart No. Intensity - Duration - Frequency Curves (0 to 140 Mint.. ) 1-1 Intensity - Duration - Frequency Curves (7 ,.�-Irs.) 1-2 - 17 Storm Drainage Specifications Description Chart No. Rainfall Depth - Duration - Intensity Tables (0 to 140 Min. ) 1-3 Rainfall Depth - Duration - Intensity Tables (2 to 24 Hrs. ) 1-4 Curb Capacity Nomograph 1-5 4.03. 2 DESIGN FORMS. Description Chart No. TR-55 LAG-Tc Method Peak Discharge SD 1-0 TR-55 Form 2 SD 1-1 TR-55 Storm Water Storage Computation Sheet SD 1-2 Runoff Computations (Rational Method) SD 1-3 Runoff Computations (Inlet Methods) SD 1-4 Water Surface Profile Computations SD 1-5 Standard Culvert Design Form SD 1-6 Curb Opening Inlet Capacity Computation SD 1-7 thru SD 1-13 - 18- .9 MEMO TO : Mayor and City Council FROM : H. R. Spurrier City Engineer RE : Timber Trails Storm Sewer Lateral DATE : July 16, 1982 Introduction : Attached is Resolution No. 2029 and the Feasibility Report for the above-- captioned project. Background : These materials should be self-explanatory. Action Requested : Adopt Resolution No. 2029, A Resolution Receiving A Report And Calling For A Hearing On The Improvement Of Block 2, Timber Trails, Scott County, Minnesota By Storm Sewer Lateral. HRS/jiw Attachments RESOLUTION NO. 2029 A Resolution Receiving A Report And Calling A Hearing On Improvement Of Block 2, Timber Trails By Storm Sewer Lateral WHEREAS, pursuant to Resolution No. 2008, of City Council adopted July 6, 1982 a report has been prepared by Henry R. Spurrier, City Engineer, with reference to the improvement of Block 2, Timber Trails, Scott County, Minnesota, by storm sewer lateral and this report was received by the Council on July 20, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA : 1. The Council will consider the improvement of Block 2, Timber Trails by Storm Sewer Lateral in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statues Chapter 429 at an estimated total cost of the improvement of $8, 360. 00. 2. A public hearing shall be held on such proposed improvement on the 3rd day of August, 1982 at 8: 15 P.M. , or thereafter, in the Council Chambers of City Hall at 129 East 1st Avenue and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1982--5 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1982. Mayor of the City of Shakopee ATTEST : City Clerk FEASIBILITY REPORT IMPROVEMENT OF BLOCK 2, TIMBER TRAILS by STORM SEWER LATERAL I hereby certify that this plan, specification, or report \ a. prepared by me or under my direct supervision and that I am a dp Registered Professional Engineer(z__It der the law the State of Minnesota. Date IL. , c' Regi tration No. 13689 July 1982 TABLE OF CONTENTS Description Page No. Feasibility Report • ' Introduction 1 Background 1 Alternatives 1 - 3 Assessments 3 Summary & Conclusions 3 Recommendation 3 Appendix Cost Estimate (Alternate I - Structural) 4 Cost Estimate (Alternate II - Non-Structural) . . . . 5 Estimated Assessments 6 Drawings Property Owners 7 Schematic of Alternate I and II 8 FEASIBILITY REPORT IMPROVEMENT OF BLOCK 2, TIMBER TRAILS • by STORM SEWER LATERAL INTRODUCTION City Council of the City of Shakopee, Minnesota ordered the preparation of a Feasibility Report by Resolution No. 2008 for the improvement of Block 2, Timber Trails, by storm sewer lateral. BACKGROUND City Council received a petition signed by 86 percent of the benefitted property owners. The property owners sought relief from a drainage problem in Block 2. The problem is that most of Block 2, drains to a sump or low point at the rear of the west four lots. The house constructed on Lot 4, has experienced problems with its on-site disposal system, as a result of the surface water that is captured by the sump. There is no outlet for the sump. The water ponds to a depth that is below the basement windows but the water enters the houses by backing up into the on-site disposal system. The City previously installed a storm sewer system in the roadway and assessed the project under Improvement #76-1. The properties now improved have paid 1 . 5 times that assessment, pursuant to the Developer's Agreement. The undeveloped parcels have made progress payments on their assessment but have not paid off the assessment. The estimated cost of pumping the sump annually and replacing two on-site disposal systems is approximately $4, 500. ALTERNATIVES There are three alternatives for removing the surface water. The structural alternative of piping the flow out, the non-structural alternative of regrading the lot line between Lots 6 and 7, to bring the storm water out on the surface and the final alternative of doing nothing. A detailed estimate of the first two alternatives is in the Appendix. - 1 - The structural and non-structural alternatives achieve similar results, but these may not eliminate all of the problems with the on-site disposal systems. The existing problem will be significantly reduced. Any other system built there will not have similar problems. A list of the pros and cons for each of the alternatives is listed below : • 'ALTERNATE I - STRUCTURAL Pros Cons 1. Minimal land disturbing activities; 1 . Subject to freezing and pluging; 2. Saves largest number of trees; 2. Requires routine maintenance; 3. Accommodates the major storm with 3. May not solve all of the problems minimal flooding ; with on-site systems; 4. Reduces potential basement flooding due to surface water entering on- site disposal system and backing up into the basement; 5. Improves performance of on--site systems, 6. Removes a hazard from the neighborhood. ALTERNATE II - NON-STRUCTURAL Pros Cons 1. Minimal land disturbing activity; 1 . Significant land disturbing 2. Is not subject to freezing or plugging; activity necessary to construct a swale; 3. Accommodates the major storm with 2. May not solve all the problems minimal flooding; with on-site system. 4. Reduces potential basement flooding due to surface water entering on- site disposal system and backing up into the basement; 5. Improves performance of on-site systems; 6. Removes a hazard from the neighbor- hood. ALTERNATE III - DO NOTHING Pros Cons 1 . No land disturbing activity; 1. A hazard will exist in the rear 2. No trees will be removed. yards; 2. Land is not served and is presently paying assessments for storm sewer; -2- Pros Cons 3. Basements are flooded due to back-up of on-site systems; 4. On-site system will fail. Both alternatates I and II require the acquisition of easement. It will be necessary for the property owner of Lots 6 and 7 to dedicate the easement at no cost to the City. ASSESSMENTS Pursuant to City policy for existing development, the City pays 50 percent of the project cost. Assessing the balance of the project, the two rates are computed in the Appendix, along with the assessment for each parcel. An appraisal has not been prepared for this project but the estimate annual assessment is below the estimate annual cost of pumping the sump and replacing two on-site disposal systems. SUMMARY AND CONCLUSIONS The proposed construction benefits the City because it improves a City park area and the property values will be stabilized. Advantages exceed the disadvantages. The choice is between the structural and non--structural alternatives. From every standpoint, the non-structural alternative is the best alternative. RECOMMENDAT ION This report recommends the construction of the non-structural alternative, Alternative II ; such construction is hereby judged feasible as proposed. -3- APPENDIX COST ESTIMATE Alternate I - Structural Item Estimated No. Description Quantity Unit Unit Price Cost • 1. Common Excavation 70 C .Y. $ 6. 00 $ 420. 00 2. 18" R.C.P. 120 L.F. 26. 00 3, 120. 00 3. 18" R .C.P End Section 1 Ea. 260. 00 260. 00 4. 48" Manhole 1 Ea. 900. 00 900.00 5. Clearing and Grubbing 3 Ea. 300. 00 900. 00 6. Restoration 600 Sq.Yd. 0.80 1480.00 Subtotal $6,080.00 10 Percent Construction Contingency 608. 00 Total Construction $6,688.00 25 Percent Technical & Administrative Services 1,672. 00 Total Project Cost $8, 360. 00 Assessment Rate Area 259, 338 Square Feet Assessed Cost = 0. 50 (Project Cost) = 0. 50 ($8, 360) = $4, 180.00 Assessment Rate = Assessed Cost = $4, 180. 00 Area 259, 388 _ $0. 016115 per Square Foot 4 COST ESTIMATE Alternate II - Non-Structural Item Estimated No. Description Quanta/ Unit Unit Price Cost 1 . Clearing and Grubbing 10 Ea. $300. 00 $3,000.00 2. Common Excavation 150 C.Y. 6.00 900.00 3. Restoration 700 S.Y. .80 560.00 Subtotal $4,460. 00 10 Percent Construction Contingency 446. 00 Total Construction $4,906.00 25 Percent Technical a Administrative Services 1, 224. 00 Total Project Cost $6, 130. 00 Assessment Rate Area 259, 388 Square Feet Assessed Cost = 0. 50 (Project Cost) 0. 50 ($6, 130) Estimated Assessments Property Area Estimated Assessment Property Owner Description (Sq. Ft.) Alternate I Alternate II City of Shakopee Park 74,806 $1, 205.49 $883. 93 Thomas Bechel Lot 1 23, 059 371. 59 272.47 Shakopee Investments, Lot 2 23, 589 380. 14 278. 74 Inc. Lot 3 24, 056 387.67 284. 26 Lot 6 29, 924 482. 22 353. 59 Lot 7 30, 125 485.45 355.96 Vladimir Sokolov Lot 4 23, 444 377.80 277. 02 Michael Gaeb Lot 5 30, 429 490. 35 359. 55 6- CR 17 • 0-1401.90-L3 V"' U J Z Q ..J 131-103a SVWOHl ui < Z on 0-ZL0L90-L3 z I-- N t- N wCC 0 V Z LL W w = ® O 0-£LOL90-LZ CO . W W O 4 J I CO ® lou) 0--V1.01.90-LZ '4' n0-1O) OS 8111410d1A 01 ti 0 mO t0 W , o Q 0 1 J (0 CO N Q c0 LO O U ~ to0 CC W N ® z N F- 0 W 0 -7- Cl. 7 t CR 17 T J_ Q J CC Cc<C Oki < }— CC F-- Z cr U W c) LTJ D I UJ --I \ 1 ZJ d s 'el- i W c e J W Q z 1--- H fJzcL 11 w _..1 CD o — 2 •1 < . , to m iX 09 U) W c '. s W, 0 _..I U aC ---- --------------_-__,-\-- Z ----( 3 0 millJ MEMO TO : Mayor and City Council FROM : H. R. Spurrier City Engineer %► RE : Levee Drive Scott to Atwood Street DATE : July 16, 1982 Introduction : Pursuant to the direction of City Council, City staff has negotiated for the acquisition of Lots 8, 9, and 10, Block 7, Shakopee City, Scott County, Minnesota Background : City staff has offered $14, 058. 00 for Lots 8, 9, and 10, Block 7, Shakopee City, Scott County, Minnesota to Northern States Lumber Company, 229 Foshay Tower, Minneapolis, MN 55402 and the offer has been accepted by the firm. It is the recommendation of City staff that the City Attorney be directed to prepare the proper documents for the transfer of this property to the City and further that the proper City officials be authorized to execute the necessary documents for the transfer of the land for a cost of $14,058. 00 and that this amount be expended from the Senior Highrise Debt Service Fund No. 36. Action Requested : Direct the proper City officials to prepare the necessary documents for the purchase of Lots 8, 9, and 10, Block 7, Shakopee City, Scott County, Minnesota, from Northern States Lumber Company, 229 Foshay Tower, Minneapolis, Minnesota 55402 for $14,058.00 and this amount to be paid from the Senior Highrise Debt Service Fund No. 36. HRS/jiw 9 MEMO TO : John Anderson City Administrator FROM : H . R. Spurrier City Engineer RE: Pavement Evaluation DATE : July 16, 1982 Introduction : In order to determine the limits and depth of overlay required for 10th Avenue andother streets in Shakopee, City staff contacted Midwest Pavement Management, Inc. , in order to get a proposal for road rater testing. This machine tests the deflection of the pavement and determines the supporting strength of the pavement which can be used to determined spring axel load, the depth of overlay and the strength profile plot for the street. This testing will be incorporated in an overall evaluation of traffic flow in the City. The cost of this work will be paid on an hourly basis, not to exceed $5, 700. 00. It is the recommendation of City staff that Midwest Pavement Management, Inc. , be directed to proceed with the testing of City streets pursuant to the proposal dated July 8, 1982. Action Requested : Direct the proper City officials to authorize Midwest Pavement Managemer„, f� Inc., to proceed, pursuant to the proposal dated July 8, 1982, awl aJ.�do � > HRS/jiw Attachment ,^,� , ; ;`V ; inc. MIDWEST PAVEMENT MANAGEMENT, INC. PAVEMENT MANAGEMENT CONSULTANTS Suite 630.15500 Wayzata Boulevard Wayzata, Minnesota 55391 (612) 475-9957 July 8, 1982 (;:;/r, C''' '' ',',.\, Mr. H . R. Spurrier, P .E . Jui-. ' :"_ ' City Engineer \ i,' , _ r. r :, r CITY OF SHAKOPEE T./c:::iia 129 East First Avenue - `{, Shakopee , Minnesota 55379-1376 ' ' Dear Mr. Snurrier: As per your request , please find herein our Proposed Scope of Services for Road Rater testing, analysis and report . PROPOSED SCOPE OF SERVICES 1. Conduct deflection testing with a Model 2000 Road Rater at approximate intervals of 200 feet on 50 lane miles of city street . Tests will be conducted at shorter intervals if significant strength variations are detected. 2 . Analyze the deflection data which would include the calculation of the allowable spring axle load. limits for the street segments and the overlay design thick- nesses as required. 3. Prepare a report which would include : - a description of the work accomplished - a tabulation of spring axle load capacity - overlay design information on select streets - a tabulation of the field deflection data for each street section - a strength profile plot for each street section David S.Holt, FY.. Farland 0.Lukanen, P.E. Robert B. Roscoe, P.E. Eugene L.Skok,Jr. Ph1). Franc Strgar,P.E. 'rpm Inc. Mr. H. R. Spurrier -2- July 8 , 1982 Items to be furnished by the City 1 . A map indicating the streets to be tested 2 . A tabulation which would contain the following : - structural composition of a pavement section - subgrade soil classification (plastic , semi - plastic or nonplastic) - traffic loadings - termini of each street section 3 . Traffic control, as required on the busier streets . This would be required only on streets where the traffic volume and street width would not allow traffic to get around the Road Rater and tow vehicle safely. • Basis of Payment Payment shall be based on the hourly rates listed below : Road Rater, Tow Vehicle and Operator - $105/hour (includes reimbursement for mileage) Analysis by Principal - $ 50/hour Clerical - $ 20/hour The total fee for the above Proposed Scope of Services shall not exceed $5,700 . 00 without the approval of the City . Invoices will be submitted monthly for the work completed and payment shall be due within 30 days . innpmf(1C. Mr. H. R. Spurrier -3- July 8 , 1982 We sincerely hope that we may be able to be of service to you and the City of Shakopee. Should you or any other interested parties have any questions regarding the Proposed Scope of Ser- vices or any of our other services , please do not hesitate to call. Sincerely, MIDWEST PAVEMENT MANAGEMENT, INC . Erland 0. Lukanen, P.E. Principal EOL/sg 9' D MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Reducing the Number of Members on the Ad Hoc Cable Communications Committee DATE: July 16 , '1982 Introduction The Mayor has received a letter of resignation from the Ad Hoc Cable Communications Committee from Eileen Christensen. Background Because most of the responsibilities delegated to the Committee have been completed , Jeanne Andre is recommending that a successor not be appointed . It would also be difficult to bring someone new up to speed at this time . Because a committee of six requires a quorum of four , Jeanne is also recommending that the committee number be officially reduced to five , in order that a quorum of three could function, if necessary. Alternatives 1 . Appoint a successor to fill vacancy. 2 . Do not appoint a successor and leave the membership at six. 3 . Do not appoint a successor and reduce the membership to five. Recommendation Staff recommends not appointing a successor and reducing membership to five . Recommended Action 1 . Accept the resignation of Eileen Christensen from the Ad Hoc Cable Communications Committee . 2 . Offer Resolution No. 2026 , A Resolution Amending Resolution No . 1638 Decreasing the Ad Hoc Cable Communications Committee , and move its adoption. JSC/jms 0 To : Mayor Eldon Reinke From: Eileen Christensen, Cable Committee % ` Date : 7-1-82 Dear Mayor Reinke, As you know, my husband has taken employment in Oregon and we have decided to make it a permanent move. Therefore with regret I must resign my position from the Cable Committee effective The last two years serving on the committee have been a very good experience for me. Beside learning about cable television I. have also come to appreciate the vast subjects and issues you and the council must deal with, and admire the integrity with which it is done. I wish to thank Jeanne Andre from the staff, who has worked with us from the beginning. I have developed great respect for her intelligence and diplomacy in the process of guiding us. I can' t forget the other committee members who have spent many dedicated hours in the task of cable franchising. They are now my friends and I will miss them. Thank you for giving me the opportunity to serve Shakopee, and to grow as a person. Hopefully I will be able to again become involved in my new community. RESOLUTION NO. 2026 A RESOLUTION AMENDING RESOLUTION NO. 1638 DECREASING THE AD HOC CABLE COMMUNICATIONS COMMITTEE WHEREAS , the Ad Hoc Cable Communications Committee is comprised of six members ; and WHEREAS , the City Council has accepted the resignation of one member of the Committee ; and WHEREAS , most of the responsibilities delegated to the Committee have been completed; and WHEREAS , the Shakopee City Council finds that it is in the best interest of the City of Shakopee not to appoint a new member and to decrease by one the number of members on the Ad Hoc Cable Communica- tions Committee . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE , MINNESOTA, that Resolution No. 1638 is hereby amended by decreasing the number of members to serve on the Ad Hoc Cable Communications Committee from six to five . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1982 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1982 . City Attorney ic National 1301 Pennsylvania Avenue NW Officers: 4A A League Washington,D.C. President Of Ferd L.Harrison 20004 Mayor,Scotland Neck,North Carolina Cities (202)626-3000 First Vice President Cable:NLCITIES Charles Royer Mayor,Seattle,Washington RECEIVED George Vice President George Latimer LEGISLATIVE LETTER Mayor,St.Paul,Minnesota Immediate Past President J U L ` :382 William H.Hudnut,Ill June 25, 19 8 2 Mayor,Indianapolis,Indiana Executive Director CR {Y ur EE Alan Beals To: (1) Mayors and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3) Steering Committee Members In this issue: Public Pension Plans, IDB' s PUBLIC PENSION PLANS Unless strong opposition is heard from state and local government elected officials, the House is expected to easily approve legis- lation that would impose new reporting, disclosure, and fiduciary requirements on public employee pension plans . Although no date for floor consideration of H.R. 4929 has been set, the authors of the bill , Reps . Philip Burton (D-Calif . ) and John Erlenborn (R-I11 . ) , are pushing to have it taken up in the weeks following the Independence Day recess that begins today . H.R. 4929 is the latest version of legislation introduced several times in recent years commonly referred to as "PERISA, " which stands for Public Employee Retirement Income Security Act. While still better known by this acronym, the name has formally been changed to the Public Employee Pension Plan Reporting and Accountability Act. The bill was reported in early May by the Education and Labor Committee after less than an hour ' s discussion with very little objection being expressed by committee members . It carries heavy backing from labor groups. NLC' s opposition to the legislation stems not so much from the specific provisions in the bill as from its violation of the principle that the Federal Government has no role to play in regulating what is clearly and strictly a responsibility of state and local governments. We are also suggesting that the legisla- tion, if enacted, could run afoul of our landmark Supreme Court case, National League of Cities v. Usery, which checked federal regulation of state and local personnel practices and other traditional services. More than a little hypocrisy is also involved in the matter since the Federal Government has proven to be a poor administrator of its own pension programs while state Past Presidents:Tom Bradley,Mayor,Los Angeles,California•Henry W.Maier,Mayor,Milwaukee,Wisconsin•Tom Moody,Mayor,Columbus,Ohio•Jessie M.Rattley,Councilwoman.Newport News,Virginia•John P.Rousakis,Mayor,Savannah,Georgia•Directors:Richard Arrington,Jr.,Mayor,Birmingham,Alabama•Carol Bellamy,Council President,New York.New York•Arne Boyum,Executive Director,North Dakota League of Cities•Richard S.Caliguirl,Mayor.Pittsburgh,Pennsylvania•Malcolm Clark,Council Member,Port Arthur,Texas•Joanne Collins,Council Member,Kansas City,Missouri•Thomas H.Cooke,Jr.,Mayor.East Orange,New Jersey•David Cunningham,Council Member,Los Angeles,California•W.Elmer George,Executive Director, Georgia Municipal Association•Karen M.Graves,Commissioner,Salina,Kansas•Anne Gresham,Council Member,Grand Prairie,Texas•Paul E.Haney,Council Member,Rochester,New York• Jonathan B.Howes,Mayor Pro Tern,Chapel Hill,North Carolina•George M.Israel,Ill,Mayor,Macon,Georgia•Myra Jones,Vice Mayor,Little Rock,Arkansas•Christopher G.Lockwood, Executive Director,Maine Municipal Association•Bob Martinez,Mayor,Tampa.Florida•Robert H.Miller,Executive Director,South Dakota Municipal League•Jack Nelson,Mayor,Beaverton, Oregon•Mary Neuhauser,Council Member,Iowa City,Iowa•C.David Nuessen,Mayor,Quincy,Illinois•Hernan Padilla,Mayor,San Juan,Puerto Rico•Donald R.Peoples,Chief Executive, Butte,Montana•Martin L.Peterson,Executive Director,Association of Idaho Cities•Michael J.Guinn,Executive Director,Indiana Association of Cities and Towns•Vernon H.Ricks,Jr.,Mayor Pro Tern,Takoma Park,Maryland•Arthur E.Trujillo,Mayor,Santa Fe,New Mexico•George V.Voinovich,Mayor,Cleveland,Ohio•Daniel K.Whitehurst,Mayor,Fresno,California•Don A. Zimmerman,Executive Director,Arkansas Municipal League. -2- and local plans have greatly improved their practices in recent years . (Federal pension plans currently have an unfunded liability that exceeds $1 trillion! ) The specific provisions of H.R. 4929 are as follows : . every public employee pension plan must provide a description of the plan to participants and beneficiaries, along with a description of each plan modification when one is made . . an annual report relating to the financial condition and operations of the plan must be published. . an actuarial statement and an audit must be included in the annual report; the audit must be performed by an independent auditor who represents the plan participants but who is hired by the plan. . any participant or beneficiary would have the right to be provided a written statement of his individual benefit status once a year ; failure to comply could subject plan administrator to personal liability of up to $100 a day . . plans could be exempt from reporting and disclosure requirements if governor certifies that state has law "substantially equivalent" to federal law. (NLC fears that "substantially equivalent" will come to mean " identical . " ) . . plan' s fiduciary would be personally liable for losses resulting from misuse of plan assets . . investment in employer ' s securities, obligations, or property would be limited to five percent of total plan assets . . any participant, beneficiary, employee organization, or resident of the state could bring suit to enforce the provision relating to benefit status; the Secretary of Labor , a state' s attorney general , or any participant, beneficiary, or fiduciary could bring suit to enforce the fiduciary provisions. . the Act would be administered by the Department of Labor . -3- While most of the provisions represent sound procedures that plans should be following on their own, the legislation is so prescrip- tive that plans that currently issue the reports and statements called for may have to alter them to meet the law' s requirements . In addition, the bill further expands the personal liability of public officials who already face unprecedented liabilities on other fronts . Proponents of the legislation are attempting to convince state and local officials that the bill poses no additional burdens for plans that already follow responsible practices, that little paperwork will result, and that a minimum of federal bureaucracy will be needed. Given the federal track record on regulating private pension plans, the more likely result of H.R. 4929 is more regulations, more paperwork , and more bureaucracy . It is important that city officials contact House members to express their opposition to 14.R. 4929 . This is true even if your V / , employees_are covered by a state plan or one that you do not " P'14,A j � directlyadminister , because increased costs that result from H.R. 4929 will most likely -be passed on. In addi-non it is essential that the principle-of leaving to state and local govern- ments those responsibilities which are clearly in their purview be defended on this issue . No compelling case has been made that there is a national interest or national crisis which warrants federal intrusion in the administration of state and local govern- ment pension plans. The Reagan Administration has not yet taken a position on this legislation although all the major public interest groups have asked officials at the White House and the Department of Labor to announce their opposition. It has been pointed out that H.R. 4929 runs counter to Administration policies advocating New Federalism and deregulation in all sectors . INDUSTRIAL DEVELOPMENT BONDS Last week a major bond counsel firm did a widespread mailing of a "legislative alert, " which indicated that the Senate Finance Committee was considering making any restrictions it decided to impose on the issuance of industrial development bonds effective the date the bill is reported to the Senate rather than the December 31, 1982 effective date recommended in the Administra- tion' s proposal . Since the Committee could report the tax bill containing the IDB provisions in mid-July, this could set off a rush to the market in order to beat the deadline . -4- NLC has been informed by the staff of the Senate Finance Committee that the information contained in the mailing is wrong and that no discussions have been held suggesting that the effective date be made earlier than December 31, 1982 . What has been discussed in internal staff meetings is when to make the new restrictions, if agreed to by the Committee, apply to advance refunding bonds and in that context only, the earlier date was suggested. NLC is advising cities not to take any hasty actions as a result of the mailing by the firm. On a related matter , NLC has received calls from city officials asking our position on an IDB proposal by Senator John Chafee (R-R. I . ) , S . 2541. This bill, introduced at the request of some governors, would limit IDB' s used for commercial projects such as restaurants, office buildings, stores, or shopping centers to UDAG eligible areas . It would prohibit bonds being used to finance night clubs, massage parlors, and various recreation and entertainment facilities. The bill would also increase the $10, 000, 000 capital expenditure limit on small-issue IDB' s to $15, 000, 000 in UDAG eligible areas . NLC is not supporting this bill and is advising Senators that we would prefer current law to passage of this bill . Our primary objection to the bill is that it does not address the chief problem of the municipal bond market which is oversupply of O,, AAVV- private purpose bonds that drive up interest rates and drive out ip bonds for traditional financings. The Joint Tax Committee has estimated that the bill would actually lead to increased volume and result in additional revenue losses to the Treasury . NLC has recommended its own proposal to the Committee which attempts to strike a compromise between the Administration' s proposal to limit IDB' s and letting the current rate of growth of IDB' s go unchecked . NLC' s proposal differs with the Administra- tion proposal by not seeking to control bonds for multi-family housing, refuse-to-energy projects, education purposes, or health care facilities. It also places no restrictions on the size of the business that can be assisted with bonds, does not require bond registration, or place limits on current arbitrage earnings. NLC would apply the one-percent contribution requirement in the Administration proposal only to small-issue IDB' s, not make it effective until 1987, and expand the ways it could be met by including off-site improvements and payment of bond insurance. NLC' s plan calls for beneficiaries of bond proceeds to forego use of accelerated depreciation tax benefits enacted last year , except in targeted areas where beneficiaries could use both bonds and tax benefits and no contribution from the issuer would be required. Targeted areas would be defined as those that are UDAG eligible and that are characterized by one of the following : high unemployment, low income families, high incidence of poverty, or loss of population. MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk RE: Classification of Forfeited Land DATE: July 16 , 1982 Introduction The Scott County Board is required by law to obtain the concurrence of the City Council on the classification of land which has been forfeited as a result of tax delinquency . Background The Scott County Board has examined the property described in the attached document and has classified it as non-conservation land. The property , once owned by Pollution Control , is being forfeited because of non-payment of taxes . Action Requested Concur with the Scott County Board on classifying as non-conservation lands the W 1/2 NW 1/4 NW 1/4 lying North of Railroad in Sec . 12-115-22 ( formerly Pollution Control ) and authorize proper City officials to executd the Certificate of County Board of Classification of Forfeited Lands as Provided by Chapter 386 , Laws 1935 as amended. JSC/jms THOMAS L. HENNEN SCOTT COUNTY AUDITOR • COURT HOUSE 102 JUL 81982 SHAKOPEE, MN. 55379 (612)-445-7750, Ext. 160 CITY OR SHAKOPEE Deputy Auditor July 7, 1982 THOMASLANNON (Ext. 168) Divisions of: Taxation TO: City Administrator ALLEN STICHA � (Ext. 172) FROM: Thomas J. Lannon, Deputy Auditor , r GARY McKIVER (Ext. 167) SUBJ: Classification of Forfeited Land Licensing JEFFSNYDER CRYSTALZDENEK Please present the enclosed classification of lands to the (Ext. 171) City Council at the earliest possible meeting. Then return Elections the original to the Auditor's Office, after action is taken MARYKAYKES to approve. The copy is for your file. (Ext. 160) Please try to return the Auditor's copy by the end of July. Thank You An Equal Opportunity Employer Form No.440A—LAND CLASSIFICATION: {Conservation l Non-Conservation CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS AS PROVIDED BY CIIAPTER 386, LAWS 1935 AS AMENDED. spornx To the MAW Board of the CITY of SHAKOPEE City We, the members of the County Board of the County of Scott , Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been classified by us as ..norronservation lands,from the list of lands forfeited to the State of Minnesota for non-payment of tuxes for the year or years 19.7.1 as provided by Minnesota Statutes 7945, Section 282.01, as a»tended. SUBDIVISION Sec.or Twp.or Range Appraised Value Appraised Value Lot Block of Land of Timber W 1/2 NW 1/4 NW 1/4 lying N of Railroad 12 115 22 240,000 00 AND NO OTHERS In witness whereof we have hereunto subscribed our names this T1-1 day of July .19...82.. Chairman • om .fittest: County .4uditor, Scott County, Minnesota. The foregoing classification and sale is hereby approved. Dated. . , 19 Town, Bu the Village Board of the of City Approval of Timber Appraisal by Commissioner of Conservation MEMO TO : John K. Anderson, City Administrator 9,(0/3 FROM: Judith S . Cox , City Clerk RE: Publishing Summary of Ordinances DATE: July 12 , 1982 Introduction Recent legislation permits the publication of a summary of an ordi- nance as opposed to printing the ordinance in its entirety. Background Before an ordinance becomes effective , it must be published, and now only a summary need be published. Alternatives 1 . Publish complete ordinance . 2 . Publish a summary of the ordinance , when appropriate . A brief ordinance may cost no more for publication than the extra time it may take the attorney to prepare a summary. Recommerndeed Action Authorize staff to publish ordinances by :summaries , when practicable . JSC/jms Law Offices of KRASS, MEYER, KANNING, & WALSTEN JUL 713 2 Chartered MY OF 8°$AKOPEE Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 Trevor R. Walsten (612)445-5080 MEMORANDUM TO: John Anderson FROM: Phillip R. Krass DATE: July 6, 1982 RE: Ordinance Summaries Dear John: As I mentioned to you at our last Council Meeting, the legislature has authorized publication of ordinances by summaries; particularly for long ordinances , we can save a considerable amount of money in publication fees. I would strongly recommend that the Council consider such action. The method is simple. After the last section in the full ordinance, usually the "effective date" section, you add the following sections : "Section Summary Approved. The Council hereby determines that the text of the summary of this Ordinance marked 'Official Summary of Ordinance No. ' , and a copy of which is attached hereto, clearly informs the public of the intent and effect of the Ordinance. The Council further determines that the publica- tion of the title in such summary will clearly inform the public of the intent and effect of the Ordinance. Section . Posting and Filing. The City Clerk shall see that a copy of this Ordinance is filed in her office and in the public library, which the Council hereby designates as locations at which a copy is available for inspection by any person during regular office hours. Section Publication. The Clerk shall publish the title of this Ordinance and the official summary in the official newspaper with notice that a printed copy of the Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the City library. Section . Effective Effective Date. This Ordinance takes effect upon its passage and publication of its title and the official summary. " That last section effectively replaces what would have been the effective date section of your main ordinance. Then you simply attach to the ordinance going to the Council a proposed official summary which begins simply with the exact same title as the full ordinance and then in the ordinance summary you place the following langage: Mr. John Anderson Page 2 July 6, 1982 "The following is the official summary of Ordinance No. approved by the City Council on the day of , I98_; (In this section, you summarize the main portions of the Ordinance. If you are passing an ordinance that makes specific conduct a crime or prohibits certain conduct, the details of the prohibited conduct should be set out in a way as to clearly inform the public exactly what is prohibited. ) A printed copy of the Ordinance is available for inspection by any person at the Office of the City Clerk, and the Public Library. " The approval of the summary publication must be by a four-fifths vote of the City Council . Keep in mind that does not change the simple majority requirement to pass the ordinance itself, so if the ordinance received a bare majority vote, and the ordinance summary only received a bare majority vote, that would mean the Council did not approve publication of the summary and the entire ordinance would have to be published. I think the proper procedure would be for the staff member preparing the ordinance to also prepare a summary. Keep in mind, the summary is designed to be just that a summary, and we accomplish nothing by restating in the lengthy manner the entirety of the ordinance. Yours very truly, KRASS, MEYER KANNING & WALSTEN CHARTERED / ://1/k/ L,/,,,,e(z. ".. Philip R. Krass Assistant Shakopee City Attorney PRK:ph ✓ r • r r r • r I. • to. • J r .n • .0 • WW .o .o .o.n W .0 .o .n • .a • Io • .o '.c .a •I .c .o .a .4 .a .0 • • w • Ir n .o Ut • N * Utct Ut 0U1NUIUIUt0 • UI • 0 • 00000UIUI0UIUI • N * r 2 m O • 3 • 00 0000000.0 • +3 . 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Cl 'S H Cl • 3 x CD �. 00 .p CO N 'O 0 O 0 • (D 0 G,) • 'L3 0 0 0 O O O 1--' • 0 G 'O 'i =•C N • '0 G 'O CD CD CD 0 H• 0 CD CD CD A J N (0CD CD 0 C) CD CD co Cn CJ Cn FR H • 0 H U, (,71 01 W J A H H N U1 N C) .. .. n �1 -1 -1 N - A 0 OD rn N A A U1 N -1 J -.1 co N yC co CD A (t) CO 0 0o 0) A 0 N N (3) Co A 0) A CO H O O Co 0 0 Co (0 Co 0 0 -.1 H co 0 Co 0 N -1 U1 A N A 0 0 A 01 (0 0 -1 CO C) 0 A 0 (1 0) Co CO N 0 O. • 0 H (A) F-' 01 0 01 01 01 0 0 0 CO N N n co co co co Co Co co co Co CO Co (0 Co Co Co Co Co CC rC C) c) ) cc a) C) cn 0) C) C) C) C) O c) a) cc C) 6) • co co co 00 co 0u co co 00 CO CO CO Co -.1 -1 �1 �1 Z N H O Co CO --7 cl Ut A Co N H 0 Co 00 v CP CI O MEMO TO: Judith Cox/Acting City Administrator FROM: Jeanne Andre/Administrative Assistant RE: City Council - Cable Communications Committee Meeting DATE: July 16, 1982 Given vacation schedules known at this point and a desire to progress toward adoption of the cable franchise ordinance in a timely manner, it appears a special session of the City Council on August 10th would be the most appro- priate time to meet with the Ad Hoc Cable Communications Committee and Attorney Adrian Herbst to review the final cable franchise ordinance. Requested Action: Poll Council members regarding possible attendance at a special Council session on August 10, 1982, and direct staff to set up this meeting if all Council members will be able to attend. JA/cu b MEMO TO: John K. Anderson, City Administrator FROM: Gregg Voxland, Finance Director RE: Authorizing Hiring of Senior Accounting Clerk DATE: July 20, 1982 The present Senior Accounting Clerk has submitted a resignation effective August 4, 1982. (See attached) Request Council authorize the filling of the position. The position is a full time, permanent budgeted position. Action Requested Move to accept the resignation of L. J. Willemssen and to authorize filling of the Senior Accounting Clerk position. GV/ljw attachment July 20, 1982 John K. Anderson, City Administrator Mayor Reinke and City Council 1 hereby submit my resignation effective August 4, 1982. The reason for my leaving is that I have accepted another position with a local firm that lends positive advancement both personally and financially. Re pectfully, " - i.nd. .1. j illemssen Law Offices of KRASS, MEYER, KANNING, & WALSTEN Chartered Phillip R. Krass Shakopee Professional Building Barry K. Meyer 1221 Fourth Avenue East Philip T. Kanning Shakopee, Minnesota 55379 Trevor R. Wa!sten (612)445-5080 CONFIDENTIAL MEMORANDUM TO: THE HONORABLE MAYOR AND SHAKOPEE CITY COUNCIL FROM: PHILLIP R. KRASS RE: CERTAIN-TEED TAX APPEAL DATE: JULY 20, 1982 The Certain-teed tax appeal was scheduled for trial July 26th. Certain-teed's appraisal was done by Peter Patchen, and we had both LeRoy Houser as well as our outside appraising firm review the Patchen appraisal . Both informed me that it was an excellent appraisal and there wasn't a great deal that could be done to challenge it. The Patchen appraisal showed the market value on January 2, 1980, as $5,773,000. Certain-teed claimed that the correct sales ratio to be applied to that market value was 70.4 percent, arriving at an appropriate assessor's estimated market value of $4,064,200. We actually had the property valued for estimated market value purposes at $6,478,600. We obviously had grossly overestimated taxable value of this property. As a procedural matter, Certain-teed not only filed for the year 1980, but the years 1981 and 1982. After consultation with LeRoy Houser, John Anderson, and LeRoy Arnoldi of the County of Scott, it was obvious to me that it would be most inadvisable for us to attempt to try this case. To begin with, our appraisal was wholly and totally indefensible and secondly, our experts could not challenge the conclusion of their experts. We therefore commenced negotiations in earnest with Certain-teed's attorney and made them an offer based on actual market value of $6,000,000 and a sales ratio in the low 80's which resulted in a taxable valuation of just under $5,000,000. They rejected this and countered with an offer of four and one-half million dollars. John and LeRoy Arnoldi and I got together again, and staying with the basic $6,000,000, dropped our level of assessment to 78.5 percent, which would derive a taxable valuation of $4,710,000. Certain-teed countered with a valuation of $4,700,000, which we provisionally accepted subject to your ratification. The Honorable Mayor and City Council July 20, 1982 Page Two You might wonder how we ended up being in the position of having our valuations so far out of line on this parcel (the 1976 estimated market value on Certain-teed was $4,968,700, almost $300,000 higher than the amount settled on for 1982) . It appears that for some parcels we simply increased their market value by an inflation rate which failed to recognize the falling level of assessment for commerical property in the City and the County. We ended up in somewhat the same trap with Valleyfair, although not to this extent. It is obvious that Certain-teed has been overpaying taxes for several years. RECOMMENDATION. The staff strongly recommends that you authorize and approve the settlement that I have outlined above, that being for the assessment dates January 2, 1980, January 2, 1981 , and January 2, 1982, the Certain-teed estimated market valuation be placed at $4,700,000. This placement will necessitate a slight (approximately $6,000) refund on their 1981 taxes. Since we no longer control our valuations it is not technically necessary for you to approve the settlement, but the County Assessor's Office very much wants your input in this matter. ACTION REQUESTED. Motion to recommend that the County Assessor place Certain-teed' s estimated market value for the years 1980, 1981 , and 1982, at $4,700,000, and authorize settlement of Certain-teed's Chapter 278 tax petitions on that basis. PRK:sm cc: Mr. John Anderson Shakopee City Administrator