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HomeMy WebLinkAbout02/19/1985 MEMO TO : Mayor and Council FROM: John K. Anderson RE: Non Agenda Information Items DATE : February 13 , 1985 1 . The Cities of Shakopee , Savage and Prior Lake and Scott County have decided to provide the animal warden with a business phone which will allow each local government agency to list under the telephone book "City of" listing an Animal Warden' s phone number. We expect this cost to be $15 . 50 per month for Shakopee . The cost should be money well spent because it will eliminate a major portion of the double handling of all animal complaints going to the animal warden. The new phone number will not appear in the phone book until new phone books are published. If you have any questions regard- ing this item please contact me . 2. We received a very nice thank you letter from Tom, Cindy and Nicholas Brownell for the flowers that were sent to Cindy and Nicholas when they were in the hospital . 3 . The Police Sargents have contacted the City through an attorney requesting a review of the way their vacation was handled when the City converted its vacation schedule. Staff will be spending some time trying to sort this out based on some very old personnel records . If you have any inquiries about this issue please feel free to contact me regarding it . 4. Attached is a memo from Leroy Houser regarding problems at the library with their concrete floor . 5 . Attached is the monthly newsletter from Ehlers & Associates . 6 . Attached is the Revenue and Expenditure Report for the period ending January 31, 1985 . (Revenue Report will be on the table Tues .) 7 . Attached is the Building Activity Report for the period ending January 31 , 1985 . 8 . Attached are the minutes of the January 7 , 1985 meeting of the Shakopee Public Utilities Commission. 9 . Attached is a nice thank you note to Judy Cox received from Gene Brown. 10 . Attached are the minutes of the January 9 , 1985 meeting of the Industrial Commercial Commission. Non-Agenda Informational Items Page Two February 13 , 1985 11 . Attached are the minutes of the February 7 , 1985 meeting of the Shakopee Coalition. 12 . The Racetrack will be featured in a 1-2 page story in the new Real Estate Journal with a subscribership of 4000 real estate professionals , developers , etc . In June the Journal will do a 16 page layout on the whole City as a new feature focusing on cities . Shakopee will be the first city in this series and there will be planning you' ll hear more about . Pat Boulay, formerly of the Valley News , is their Managing Editor if you are asking "why Shakopee" . 13 . The City has received the formal notice from the Bureau of Mediation Services regarding mediation with Local #320 Police . 14 . Attached is a memo from Tom Brownell re . Richards Pub Violation;. MEMO TO: John K. Anderson, City Administrator FROM: LeRoy Houser, Building Official RE: Library Building DATE: February 7 , 1985 The floor in the library has raised about 1z ' due to horizontal frost penetration. The frost problem is compounded by parking in front of and adjacent to the library. I am waiting until summer to see if the raised section flattens out . It may or may not . We may have to restrict parking in front of the building, as this increases frost depth and horizontal penetration. We ' ll keep you advised. LH: cah . 5 EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS, MINNESOTA 55402 339-8291 (AREA CODE 612) FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members February 1, 1985 NEWSLETTER Interest rates at 7.50%? The tax-exempt bond market gains are not what they should be with inflation rates about 4%. The 20-year BBI should be about 7 1/2% (inflation plus 3.5%) compared to the January 10 Index of 9.60%. The major cause is the $120 billion plus annual supply of tax-exempt bonds. But the public securities industry and others are fighting to preserve tax-exempt private financings and, apparently, the betting is that Congress will find it difficult to stand against these efforts. This is unfortunate since reduced tax-exempt financings will cause all interest rates to come down, loans would still be available, homes and businesses would still need financing, and those now in tax-exempt financing will do taxable projects. Credit enhancers: We hear a good deal about so-called variable rate, "low floater" bond issues. These involve "puts" whereby investors can require the issuers to take back the bonds. The investors' right may be protected by Letters of Credit (LOC's) issued by financial institutions and remarketing letters for which the fees can range from 1 to 2%, in addition to extraordinary issuance costs. When these costs are added, the apparent low floater interest rates may not be that beneficial and the issuer has the added risk that the interest rates may float upward. Like performance bonds, LOC issuers have recourse: If the bonds are put back and cannot be remarketed, the issuer (you) must take them back. Usually LOC's do not extend for the life of the issue. Lease purchase financings: Leasing major buildings and equipment is a way of spreading major purchases over several budget periods without the bother, time and cost of a referendum. But some "interest rate factors" appear too good to be true, and they are. Unlike net interest determination on bond issues, some leasing companies deduct investment earnings. In our 30 year's experience, yield from investment of bond proceeds, while very real and while it goes to the issuer, has not been deducted in determining net interest cost. Lots of things to look out for. Local aids and local self government: Has revenue sharing impaired local self government? Some years ago we cautioned that, if we became dependent upon aids, the time would surely come when the providers dictate how local governments are run. In Minnesota we now note that the Legislature proposes to take over the total financing of school districts. Proponents say they already control schools with the foundation aids programs. Maybe so, but is local self government really not important? Looking forward to another good year and wishing you the same. EHLERS CI ES e hlers Q 4 I I Q vo j,L P P a a T 1� O- 7 m O a �. m m rc. 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Single Fam-Sewered - - - 2 2 111 ,000 Single Fam-Septic - - - - - - Multiple Dwellings - - - - - - (No.Units ) (YTD Units ) Dwelling Additions - - - 1 1 60 ,000 Other - - - - - - Comm. New Bldgs . 3 3 1 ,439 , 781 - - - Comm. Bldg. Addns . 1 1 23136 ,788 - - - Industrial-Sewered - - - - - Ind.-Sewered Addns . - - - - - Industrial-Septic - - - - - Ind. -Septic Addns . - - - - - Accessory/Garages - - - 1 1 7 ,000 Signs & Fences 2 2 2 ,145 - - - Fireplaces/Wood Stove 2 2 6 ,500 1 1 2 ,500 Grading Foundation 1 1 11 ,000 - - - Remodeling(Res . ) 2 2 15 ,250 7 7 49 ,400 Remodeling(Inst. ) - - - - - - Remodeling(Other) - - - 2 2 1825999 TOTAL TAXABLE 11 11 3 ,611 ,464 14 14 412 ,899 TOTAL INSTITUTIONAL GRAND TOTAL 11 11 3 ,611 ,464 14 14 4123899 Mo. Ytd. Mo. Ytd. Variances - - - Conditional Use 2 2 1 1 Re-Zoning - - 1 1 Moving - - - - Electric Permits 16 16 16 16 Plbg. & Hts . Permits 17 17 12 12 Razing Permits Residential - - - - Commercial - - - - Total dwelling units in City after completion of all construction permitted to date . . . . . . . . . . . . . . . . . . •3 ,739 Cora Hullander Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1985 6554 J.L. Shiely Co. 6896 Hwy 101 Foundation $ 11 ,000 6555 Clete Link 612 E. 1st Transmission Bldg. 100,000 6556 Scenic Sign 582 Marschall Sign 1 ,895 6557 Kraus-Anderson Racetrack 1 ,089 , 781 6558 Metro-Fireplace 446 Minnesota Fireplace 23000 6559 Dean Johnson 1301 Polk St . Alt . 550 6560 Cy Carlson 1070 Market Fireplace 4,500 6561 Ernst Const . 202 W. 5th Alt . 143700 6562 Everson Const . Valley Fair Tube Ride 250 ,000 6563 Shakopee Svs . 133 Prairie Sign 250 6365f Kraus-Anderson Racetrack 2 ,136 , 788 $3 ,611 ,464 r MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 7, 1985 at 4:30 P.M. in the Utilities meeting room. Commissioner Kirchmeier offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and Gorman. Also Manager Van Hout, Superintendent Leaveck, Liaison Wampach and Secretary Menden. Motion by Gorman, seconded by Cook that the minutes of the December 3, 1984 regular meeting be approved as kept. Motion carried. The employees of the Shakopee Public Utilities Commission met with the Commission for a brief explanation of the 1985 wage and benefit schedule. BILLS READ: City of Shakopee 20,032.00 A T and T Information Systems 17.83 A T and T Information Systems 69.69 Auto Central Supply 109.16 Battery and Tire Warehouse, Inc. 235.06 Bills Toggery 131.42 Border States Electric Supply Co. 151.46 Burmeister Electric Co. 843.89 Capesius Agency, Inc. 60.00 Carlson OK Hardware 18.72 Champion Auto of Shakopee 17.19 Chanhassen Lawn and Sports 349.15 Chicago and Northwestern Transportation Co. 340.00 City of Shakopee 8,317.24 City of Shakopee 1,700.92 Cleve's Red Owl 769.92 Dressen Oil Company 268.14 Feed Rite Controls, Inc. 189.99 Graybar Electric Supply Co. 1,552.32 Harmons Hardware Hank 23.56 Mary Henderson 30.59 Juba's Super Valu 1,272.86 Krass Meyer Walsten Chartered Law Office 378.00 Leef Bros. , Inc. 18.00 Vincent Marschall 96.90 Metro Sales Incorporated 107.46 Minn. Environmental Quality Board 277.14 Minn. Municipal Utilities Association 140.00 Minn. Valley Electric Cooperative 19,000.00 Motor Parts Service Co. , Inc. 152.11 Northern States Power Co. 247,774.33 Northern States Power Co. 1,407.77 Northern States Power Co. 614.56 Northwestern Bell Telephone Co. 261.31 Prior Lake Aggregate, Inc. 74.16 Reynolds Welding Supply 30.13 Rick's Auto and Radiator Repair 30.00 Ruffridge-Johnson Equipment Co. , Inc. 125.23 Rubber Industries 1,284.40 Schoell and Madson, Inc. 379.71 Serco 64.00 Shakopee Services, Inc. 18.00 Shakopee Public Utilities Comm. 16.78 Shakopee Public Utilities Comm. 83.77 Shakopee Valley News 108.52 Siehndel Construction 152.00 Dean Smith Trenching, Inc. 810.00 Snap on Tools 22.50 Software Consultants, Inc. 500.00 Starks Cleaning Services 25.95 Steins, Inc. 14.25 Suel Business Equipment 151.51 Truck Utilities and Mfg Co. 57.70 United Electric Company 317.52 Louis Van Hout 56.92 Valley Industrial Propane, Inc. 21.75 Voss Electric Supply Co. 1,103.04 Water Products Company 266.30 H. L. Weinandt 1,065.00 Wesco 758.96 Ziegler Tire Service Co. 462.91 Motion by Cook, seconded by Gorman that the bills be allowed and ordered paid. Motion carried. Manager Van Hout gave a report on the developments with respect to Lock and Dam #2. Liaison Wampach reported on action taken by which the Council agreed to pay up to 50% of the expenses of the Hwy 169 intersection improvements and the 101 bypass improvements. Liaison Wampach asked for any input from the Commission to pass along to the other Council members. He suggested that PCB's would be an item of interest. Manager Van Hout advised Liaison Wampach of a problem with an item on the Council agenda. The progress of the office remodeling was questioned. The Shakopee Public Utilities Commission Manager will be writing a letter notifying the architecht involved in the remodeling of the Commissions desire to get things finished. The status of the second blue lake feeder was discussed, and a progress report on the wells was given by Manager Van Hout. Superintendent Leaveck reported on a trip to inspect a Utility Truck manufacturer. Motion by Gorman, seconded by Cook to offer Resolution #282, A Resolution Designating Depositories. Ayes: Commissioners Kirchmeier, Cook and Gorman. Nayes: none. Resolution passed. Motion carried. Motion by Cook, seconded by Gorman to offer Resolution #283, A Resolution Naming an Official Publication. Ayes: Commissioners Kirchmeier, Cook and Gorman. Nayes: none. Resolution passed. Motion carried. Motion by Gorman, seconded by Kirchmeier to Offer Resolution #284 A Resolution Designating Salaries. Ayes: Commissioners Kirchmeier, Cook and Gorman. Nayes: none. Motion carried. Resolution passed. Manager Van Hout reported on the Minnesota Municipal Utilities Association Legislative Roundup scheduled for February 6 and 7, 1985. Commissioner Cook suggested a review of our five year plan in September, 1985. Manager Van Hout reported that bids for the painting of the water tank are planned to be taken by March, 1985. Manager Van Hout informed the Commission that the City of Shakopee and the Utilities will be jointly going out for bids on our insurance package. The City Treasurer has requested that we participate in the cost to proceed with obtaining proposals for an insurance adviser. Discussion followed on the estimated cost to SPUC. Motion by Kirchmeier, seconded by Gorman that the Shakopee Public Utilities Commission participate in the costs involved in hiring a consultant. Motion carried. There were no new plats for December, 1984. Superintendent Leaveck reported five fire calls for a total of 1 hour and 40 minutes for the month of December, 1984. There were no lost time accidents for December, 1984. Motion by Cook, seconded by Gorman that the meeting be adjourned. Motion carried. The next regular meeting of the Shakopee Public Utilities Commission will be held on February 4, 1985 at 4:30 P.M. Barbara Menden, Commission Secretary i j I ® �}aom GENE BROWN GENE BROWN AGENCY, INC. 119 S. Lewis St y_ SHAKOPEE, MINN. 55379 (612) 445-5560 UNAPPROVED PAGE 1 MINUTES INDUSTRIAL COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA JANUARY 9 , 1985 MEMBERS PRESENT: Paul Wermerskirchen, Chairman Jane DuBois John Manahan Al Furrie Tim Kean MEMBERS ABSENT: Jim O'Neill Bob Blenkush, Chamber of Commerce Liaison Terry Link , Downtown Ad Hoc Committee Liaison Bud Berens, Shakopee Development Corporation GUESTS PRESENT: John K. Anderson, City Administrator Jeanne Andre, Community Development Director The Chairman called the meeting to order at 5 :15 p.m. in the City Council Chambers at City Hall. SM L CI'T'IES DEVELOPMENT GRANT The Community Development Director reported on the recent Downtown Ad Hoc Committee meeting which reviewed and supported a proposal for a Bed & Breakfast facility on the corner of Fourth and Lewis. She announced that MnDOT had indicated an interest in constructing a new bridge alignment at Highway 169 , briefly reviewed some of the design options to be developed, stating that MnDOT was also asking to reprogram the 101 By-Pass, and the combined highway projects would be placed on a fast-track approach by MnDOT. There was discussion of these facts upon the downtown development plans in Shakopee, and there was general concensus that this will be a positive undertaking for Shakopee and will' not interefere will the Downtown enhancement goais .� The Chairman requested roll call be taken at 5 :30 p.m. MINUTES On a motion by John Manahan, seconded by Jane DuBois, the Minutes of the Industrial Commercial Commission for November 14 , 1984 and December 12 , 1984 , were approved. Discussion continued on the proposed Small Cities Development Grant, which was outlined by the Community Development Director to include rehabilitation loans , loan administration costs, acauisition, relocation and demolition activities and administration costs , to a total of $1.4 million dollars. UNAPPROVED PAGE 2 Upon request of the City Administrator, after the loan program, John Manahan moved secondedbdiscussion of endorse the 1985 Small Cities Devlopment Grant as proposedebytthe City, and to further indicate the ICC determination that it is consistent with and supplements the Downtown Development Plan. Motion carried. IND TR A—SSOMMER rAr The Chairman distribute yA dalist of possible d by the Community Development Director for review The Chairman provided his list of possible business brokers compiled by a telephone book ' s yellow pages search. Tim Kean reported he had investigated the availability of a list of retail business franchisers, noting it may require-3-4 hours of searching through stage records to offered to compile the list if compile the list. He deemed necessary by the ICC. He did provide a list of the Shakopee which was held at invitees to the past Industry Day in Valley Fair. It was a concensus for Tim Kean to research the list of retail business franchisers for use in the development of the list of invitees for this year 's event. The City Administrator suggested the Dial-A-Ride vans be utiliz for a shuttle bus tour of Shakopee at Industr ed and after discussion of this possibilit sal Commercial Day, to provide a bus tour of Shakopee to ICC�participantswas an Cascwellnass a bus tour of the track site. Tim Kean provided other information on behalf o f Stan Minnesota Racetrack , Inc . , offering any Wednesday, Thursday Friday in late July or early August Y Racetrack was committed to dos for the date, indicating the Industrial Commercial Day a sucessateThe, was necessary to make Industry Day programs and 'nim Kean suggestede was review of past early afternoon prior to t:ze 4 : 00 p.mstof etheogacesbegin September 11 , 1985 , was set: as the date F or Commercial Day event with a tentative program hoflthe forma85 l presentations (30 minute30-45 s) E'S) , race track tour (20-30 minutes) p.m. Registration time was set at 1 .30 The Chairman reported that the Chamber of to list available sites for Commerce will be able discussion of a presentation. There the use of the computers followed a a color coded rap of the c - zed property site isstsncs , -Y s vacant 1and, and the most UNAPPROVED PAGE 3 . effective method to identify available parcels and buildings in Shakopee. Also discussed was the effectiveness of computerized data as a promotional tool at the Industrial Commercial Day event, and the method of collecting parcel information from local realtors or from the city records . There was a review of the original ICC intent to improve the City responsiveness to inquiries regarding land use and availability in Shakopee. T phe Chairman concluded that a more realistic a prepare a vacant parcel ma approach would be to ca available at the event but noticrucialctopthe rsuccesslofythe da but would indicate the innovativeness in Shakopee. It was noted the slides will be expanded to include residential and commercial sites. Tim Kean offered to Chair the subcommittee to plan the Industrial Commercial Day, and Paul Wermerskirchen, Jane DuBois and Al Furrie offered to be sub-committee members. January 17 , 1985 at 7:30 a.m. was scheduled for a breakfast meeting at Granny' s Restaurant. The Chairman will notify Bob Blenkush and Gary Laurent, and Tim Kean will invite Stan Bowker, Minnesota Racetrack , Inc. to attend, also. �I_D URNMENT Jane DuBois moved, seconded by Al Furrie, to adjourn the .ICC meeting at 7 : 00 p.m, yo_/� SHAKOPEE COALITION )/ February 7, 1985 / Present: George Muenchow Shakopee Community Services Deloris Gorman Shakopee Community Services Jim Streefland Shakopee Lions Joan Salter Food Shelf Pat Ploumen Roman Schneider Senior Citizens Ruth Schneider Senior Citizens John Neely Valley News John K Anderson City of Shakopee Jackie Kes Scott—Carver Economic Council Sr Jo Lambert St Francis Regional Medical Center Kathy Lewis Shakopee Community Services Meeting called to order by Chair Streefland at 7:05 a.m. John Anderson, City Administrator, updated the Coalition about building a new bridge in Shakopee. The bridge can be built within a block or so on either side of the current bridge. Mn DOT has come up with additional funds for accessing the bridge so the City is again looking at alternate plans. The State would fund 20% of the bridge costs plus anything accessing Hwy 169 on the north; Federal funds would cover 80% of the bridge; the City would be responsible for realignment of the juncture of Hwy 101 and the main street. Shakopee and Mn DOT are working together in a cooperative venture to select the best alternative. John reported that the southerly by—pass of Shakopee is still a Mn DOT priority project. Jackie Kes reported that the Scott—Carver Economic Council "Give Where You Live" campaign has ended. No financial report was available yet. Jackie gave a summary report of Food Shelf activity for 1984 in Shakopee. There were 306 families (875 individuals) served which accounted for 36,750 pounds of food distributed. Jackie and several others spoke about the "Make A Wish" program. The Make A Wish Founda— tion was founded with the goal of bringing joy to children who are fighting un— successful battles against terminal illnesses. The purpose is to fulfill a special wish for a child whose time is slipping away. It is a non—profit organization con— sisting solely of volunteers. A Make A Wish benefit is scheduled Sunday, March 3, at 2:00 p.m. in the Shakopee High School Gym. It features a basketball game with the Shakopee City Police, Sheriff' s Department, Fire Department, and KSMM Radio against Dave Dahl and the KSTP basketball team. Local contact person is Mary Scherbring, 1127 Tyler Street, 445-1599. Minnesota Food Share was discussed with a number of suggestions made for the local kickoff. Organizations are reminded to return the Food Share forms to SCEC as soon as possible. A progress report will be made at the February 21 Coalition Meeting. Jackie informed the group that efforts to relocate the Food Shelf in Shakopee continue to be made. Sheriff Doug Tietz will speak at the February 21 meeting. 'Representatives of organizations: make plans to attend this important meeting on February 21, at the Citizens State Bank, 6:30 coffee, 7:00 meeting. Meeting adjourned 8:00 a.m. Respectfully submitted, Pat Ploumen, Secretary TO: Mayor, Council Members FROM: Tom Brownell, Chief of Police SUBJECT: Richards Pub Violation DATE: February 15, 1985 INTRODUCTION Council has directed the police department to submit notification of all violations occurring at licensed liquor establishments. BACKGROUND On November 27 , 1984, council was informed of a fire code violation, whereby officers filed a formal complaint alleging Richard' s Pub, 911 East First Avenue, had exceeded the posted capacity on November 21 , 1984 . The manager, Cameron Barnes, pled not guilty on February 4 , 1985 , to the charge and requested a court hearing. The Clerk of Courts office states it will be two or three months before a trial date is set. On February 14 , 1985 , officers inspected the premises of Richard' s Pub, and believe the posted capacity was exceeded and found a fire door to be secured with bolts on the upper and lower sections. A formal complaint is being requested of the City Attorney. COUNCIL ACTION REQUESTED Schedule a formal hearing to consider the violations of November 21 , 1984 and February 14, 1985, for April 2 , 1985 at 9 :00 P .M. Law Offices of KRASS,MEYER & WALSTEN Chartered Suite 300 Marschall Road Business Center Phillip R. Krass Paralegals 327 South Marschall Road Barry K. Meyer Barbara J.Hedstrom P.O. Box 216 Trevor R. Walsten Debra A.Karlson Shakopee. Minnesota 55379 Elizabeth B. McLaughlin Jolene R.Wagner (ee. Minnesota Rochelle M. Anderson office Manager CONFIDENTIAL MEMORANDUM Of Counsel Wanda Breimhorst Dennis L. Monroe DATED: February 14, 1985 TO: The Honorable Mayor & Council Members City of Shakopee RE: Racetrack Tax Increment Bond Issue Dear Mayor & Council Members: Believe it or not, we continue to work on the Racetrack Tax Increment Financing Bond Issue and expect the final documents to be before a meeting of the HRA and the City on Tuesday, the 5th of March. There has been another development of which you should be aware. It deals with the difficulty Minnesota Racetrack Inc. (MRI) has had "parking" the $44,000,000 Series B Bonds. Those are the bonds that are simply going to be parked at a New York Bank for a period of three to five years while MRI determines whether or not they are going to proceed with expansion of the racetrack. You will recall MRI was counting on arbitrage (excess earnings) from that bond issue to support a conventional loan so that we, the City, were not required to make the $3,000,000 loan to them, but rather simply the $3,000,000 incentive grant. MRI has now concluded all the negotiations dealing with the parking of those bonds and find themselves around $300,000 short in the arbitrage earnings. They have requested, therefore, that the City increase its bond issue by a net of $300,000 (which will raise the bond issue a total of about $400,000 considering capitalized interest) so that their financing will balance completely, a fact which apparently will make their bankers very happy. We have no financial or legal problem in increasing our bond issue that 10% or so and the question became how would MRI repay us since our contract with them was dated prior to January lst so that the 1984 IRS rules would apply. We think we have solved that problem and the solution has a very interesting twist. You will recall that in our negotiations last fall with MRI, we agreed to waive our one-eighth of a point administrative fee on the first ten years of Issue A (the $46,000,000 issue actually being used to finance the construction of the racetrack). We waived that because of the financial pressures on MRI and that eighth of a point will kick in in the llth year, 1995 after the tax increment bonds have been paid off. Consequently, we still had the first ten years of the bond issue during which legally that eighth of a point could be paid (you will also recall that we had to give MRI credit for the $50,000 upfront payment they made toward that one-eighth of a point. The Honorable Mayor & Council Members Page Two February 14, 1985 I propose to MRI, therefore, that we reinstate the one-eighth of a point on Series A and indeed we can reinstitute it if we need it on Series B. However, we have no idea whether Series B is really ever going to be resold and used for expansion so I would like to rely more on A, and a contractual agreement with MRI to make that payment irrespective of whether the bonds are defeased or run their normal course. The twist I mentioned above is this: If we have the additional $300,000 net "loan" repaid by the eighth of a point and call it an administrative fee, which it would then be, the payment would come to the City's general fund and not into the Tax Increment District. The Tax Increment District does not need that payment as the coverage on our bond issue is virtually 2 to 1 for the life of the bonds. That means we expect to receive as the tax increment payment an amount more than twice the debt service on the bonds. Since the administrative fee comes to the general fund it can be expended by the City Council in any manner which the Council sees fit and will not have to be utilized for a public improvement in the redevelopment project area which is the case for the tax increment payments we receive in excess of the debt service on the bonds. Actually, it appears that receiving the money as an administrative fee is probably the only legal way we can do it. If we attempted to have the additional amount repaid into the Tax Increment District, we will change the structure of our tax increment bonds creating a possibility of making those bonds non tax exempt. Wood Kidner, our bond counsel on this matter, has approved the format I have laid out above, and Jim Casserly of Miller & Schroeder, is making new computer runs to see with precision how the repayment schedule will work. If the eighth of a point is insufficient to pay off the additional indebtedness, we will handle the matter with a contractual payment from MRI directly to the City. This appears to me to be a no lose situation for the City and an opportunity for the taxpayers of the City to reap some direct benefit from the racetrack prior to the expiration of the eight years of increments that are being collected. I really need to see if there is a consensus supporting this program on the City Council and it would be helpful if you could give me a call during this week and let me know how you feel (I am going to be out of town the week of the 18th) or in the alternative, discuss it at your meeting on the 19th so that John Anderson can let Jim Casserly know your decision and he can structure the bond issue accordingly. ,�- Yours v y truly, KRAS MEYE WALSTEN CHARTERED Phillip R. Krass PRK:mj cc: John .Anderson Jim Casserly File No. 1-1373-157 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE SHAKOPEE, MINNESOTA JANUARY 30, 1985 Chrm. Laurent called the meeting to order at 8:20 p.m. with the following voting members present: Steve Clay, Jerry Wampach, Bill Wermerskirchen, Jr. , Dan Steil, Don Martin, Jim Stillman and Terry Forbord. Absent: Terry Link, Joe Topic and Dick Stoks. Also present were Jeanne Andre, Community Develop- ment Director and John K. Anderson, City Admr., with Lee Stoltzman arriving later. Clay/Wampach moved to approve the minutes of January 9, 1985 as kept. Motion carried unanimously. Wampach/Wermerskirchen moved to approve the minutes of January 16, 1985 as kept. Motion carried unanimously. Joe Risneck, a landscape architecture student at the U of M, stated that he and his fellow students appreciate the invitation to work with the community and they look forward to participating in an exciting downtown project. He introduced the other two students with him as Bradley Pontius and Ted Maro, and explained they are all 5 year students who will be participating in an acedemic class under faculty supervision with the objective of sharing their knowledge and skills to the benefit of Shakopee. Each of the students then gave their own academic and work experience and background. Mr. Risneck further outlined the scope of the project as they see it with boundaries of Spencer Street, Scott Street, Minnesota River and Fourth Avenue. They are present tonight to listen and gain information about the members' thoughts and opinions of the downtown area. They will eventually bring back possible solutions to the problems. He would like to come back February 20, 1985 to review their concepts and ideas and present the final presentation on March 11 or 13, 1985. He asked for a list from the members of any problems they want addressed. Various members present made the following list of prob- lem areas: 1. Aesthetics; the downtown is not pleasing to the eye. 2. Minimize the impact of the railroad tracks on Second Ave. 3. Highway bisects the downtown area and is extremely heavily travelled and noisy. 4. Time frame needs to be identified so some improvements can occur soon, with other ones phased in the future. 5. Lack of unified appearance between the buildings, a need for con- tinuity and/or theme. 6. No sense of arrival of being downtown. 7. Overall number of parking spaces possibly adequate, but locations are poor in some areas. 8. Lack of pedestrian safety. 9. River is not seen as an asset; the trail system and proposed marina could be tied in .and integrated to downtown. 10. How to give a sense of arrival and exit to downtown if the main street is jogged to have traffic bypass. 11. Bring new growth of businesses downtown. Shakopee Downtown Committee January 30, 1985 Page 2 12. Southerly movement of downtown. 13. How to tie in historical significance and tourist attractions on the border of town. 14. How to capture tourists_ (22 million projected after racetrack) . 15. Where to locate tourist information center. 16. Bring institutions downtown. 17. How to incorporate the proposed marina without fragmenting down- town further. 18. Signage; welcoming and directional. 19. Tieing in senior highrise. 20. Lack of downtown park facilities. 21. Lack of unified lighting. 22. Overhead power lines 23. Appearance of some alley entrances to stores. 24. Need for transit stations. Mr. Risneck asked for some priorities for solving the problems. Consensus was as follows: 1. Highway traffic and phasing; 2. railroad tracks; 3. down- town identity and 4. pedestrian safety. Mr. Risneck commented there will be another student working with them, who is also a 5 year student and who is working with the Highway Dept. , which should be a very helpful background. Mr. Risneck asked for a list of positive things about the downtown. Items mentioned were as followe: 1. Large volume of traffic. 2. Presence of river. 3. Historical significance. 4. Growing community. 5. Location of Courthouse, hospital, post office, etc. 6. Willingness to change downtown. 7. Highly motivated and competent City staff. 8. Tourist proximity. 9. Close to downtown Minneapolis/St. Paul. 10. Industrial park. 11. Space availability for growth. 12. Indian chief logo. Discussion followed regarding a tentative schedule for meetings with these students. They requested evening meetings and consensus was favorable. The next meeting with them was set up for February 20, 1985 at 7:00 p.m. Bud Berens and Bill Berens were present to discuss their request to City Council for diagonal parking on Fuller Street next to their store. The Comm. Develop. Director related that City Council had considered the request and moved to forward it to the Downtown Committee for its input. Bill Berens clarified that this request is for the 87 feet just west of their new addition. He said that area has an 8 foot setback for angle parking. He said with parallel parking four cars fit the space, but with diagonal 8-10 cars could park there. He said that a full sized vehicle diagonally parked in that space does not stick out any further than a car parked parallel further up the street on the other side of the alley. He said that because of the con- struction of their new addition, they have been diagonally parking there since July with no problem. 1 Shakopee Downtown Committee January 30, 1985 Page 3 The City Admr. explained that the City Council was concerned with the precedent setting aspect and how the next request would be handled if this location re- ceives an exception to parallel parking. Discussion followed regarding this case as being an exception because of the setback existing, being back off First Ave. and not having a large traffic volume. Clay/Martin moved to recommend to City Council approval of the request for diagonal parking by Berens as the concept of more diagonal parking fits in with the general future plans for downtown, there is a low traffic volume on Fuller Street and the setback currently exists so there is not a safety hazard. Motion carried unanimously. The Comm. Develop. Dir. asked if the members were willing to meet more often in order to accomplish its goals in a timely manner. Consensus was to meet every other week regularly, with the meetings with the students being additional. Therefore, February meetings would be February 13, 20 and 27. Direction was given to ask if the students would be willing to attend one morning meeting. The Comm. Develop. Dir. gave an update on Planning Commission and City Council action relative to the application for a Bed and Breakfast Inn and the related rezoning. The rezoning was denied, with direction given to consideration of a conditional use permit for this type of business, which the applicants are pursuing. She related that the biggest problem seems to be the possible re- quirement of an owner-resident. Cncl. Wampach added that most of the neigh- bors in the block were against its location there. The Comm. Develop. Dir. said the deadline for the Small Cities Development Grant is Friday and related that City Council has requested the inclusion of the purchase of the depot, along with Abeln's Bar and Block 2, OSP. Mr. Stoltzman initiated discussion of the possibility of the City hiring a consultant full-time, rather than have special projects done by a variety of expensive consultants. The Comm. Develop. Dir. responded that it would be incredibly expensive and areas of expertise are very limited. Some discussion followed. Steil/Stillman moved to adjourn at 9:55 p.m. Motion carried unanimously. Jeanne Andre Community Development Director Diane S. Beuch Recording Secretary I V D ^R�f. n nw_ ^ .T 171 r°i IT JA '' 17 urs L , Chrm. Dun;-ell Called • 1 et � tE I"e 1n-� t0 OrdEr at 7,3� .":. ;'nth r_em.bErs Sniotta and ZieLler -present. TT ,r L T Barratocs�, r1d*Yi»isur .wive -ntcrn, was also present . Sriotta/Zie,1 er moved t0 arrrove the minutes O� v_l 1934, 8 + �e DECEmNer 2:�, r: e ging. Lotion Carried L:nan ir:ousl-r. q7.1 --irym circ l,. +-,ryTTry--,'^ Jf� Stock ex-�,laine-i t_ one o, the o jec�-;- Es o." Lh ho n �� �r_e initial demonstration rro ject of the recycling, rro,._;rarn_ is to reach 400 total households t%which are to be s~.read out over three tar Met a•re��:,.s in order to evaluate the effect bins , ba s , and no storase mechanism has on the recycling tens'--e u'Es o� the x,articiparlts . He added that �,a,)er, glass , and aluminum t�,ill be rec-rcled and tthese item;s �=o, _.t be sorted anc_ se-�aratel7 stored b-7 the residentz 1 Q a ., „l r' , in the target areas. In 11". . Stoc?:'s Januar-T 10 198r, 7 nm., 7 / 1.- rget area Selection" memo— randum to the Ener�,T :end Transportation Committee he included a Ma-) id-E ntiryin,- several areas T..-hi ch :could i!eet target area qualifications. Sta-- recommended that area. 1 receive 3 Stora�-e bags -,er �ioucehold? area.. 3 receive 3 storage bins rec household, and are-. O receive no storaze mechanism,. ' Bar Stock noted that the second Saturday in Tay is targeted for start uz�. The Boy Scouts i11 be collect-in- the ,aper; the Cub Scouts ; 11 be collectin,:7; the glass; the Catholic Church ;,rill be collectins the al' mninum,. All proceeds ..=.T? ll "0 to the ColleCtin�- o_ niza.t_0n. _a r��s-� i �,^ � The Corgi i+u'uee also felt a drop off point should be established so reople c0u,1" brinm t-teir recl,Tclables in the event their ri.c --ua as missed, etc. Barr? Stoc� ;,'ill :ori!: to establish a drop o If," point '`.::.t'_i rec,-tiler as bask r + —up. ocl :dde:_ h2'.t he 1.7i 11 aah the BO-r SCOu tS tO deliver the bins, the Cub Scouts to 'deliver the bagS , n:7 t1lE "at101ic Church to deliver the :carve;*s. Ziegler/Spiotta moved to reco=end to City Council that -areas 19 3 , and 5 be chosen as the t^r�-et areas for the rec-ycling pro^-ram. Lotion carried unanir::cus_L-1. - RECYCLING SURVEY In accordance =-lith 'he Com'munit'y Ener!, Council Grant a-,plication J!_ work pla,r_, staff develo-:!ed survey to measure the rec;clip tender_Cies in each of the three target areas. 7'Tr. StoclL ex-)lair_ed that ?nformati^n gathered) fron the sarverr ~�11 be used J- deterrmine '.o-;; m.uch rartici')a,tion to exsect , to measure if mar'_-Eting of-Cres h=d any Effect on nart–ici-nation, anitO decide - rOL,! be „�rt'ect -O�t e=� eCgive y hick areas — Ln no storage mechanism. ;� e wtiked t' at , e c jre,rc. tie c d a_. ea , ��e r��. e n �_7 r r an::. Cl . -t n? � , bE 0re 'u �- P' r Q1,urIbU-5e _''le =150 _e.Lt a Sel a, _resse0 stL:ri-)ed envelope shoi;.ld be includedvto enure a better resr.onse . Zi.e, ler/Sriotta moved to accent gin' di stri bate tc the tar ret areas the cC,.-er letter an' . reC-rc_'..iri^- s rve7T as nrer�ented b7,r Staff. 1-otion Carried unanimously. i::r. Suoc1L 'eS�nteC' r1r- _t OJ �l1C r n a n ...� E' r� and Irwnc_-- or'U_ „ion Uo�: _ittee Annual _.er�o-rt Zn be sub^:_t ted to the ^it-, Co,-_ c_1 y ?e report hi-111—: _)ted the Trsnsit1and 3ner^�-� rel-t 1 *i i �8.. aCi,1`v t ES a n a u.Ct10nS Of the vCi.m t tee in 19 34Stocl- not d he 111culd also include the final ridership report^ fro? t'he Van -ool and Dial-A-Ride -rogr�,rrs. Zie;ler/Striotta moved to accept the cover letter and Annual Rerort draft including- the final rider- shi7 re-orts from, Van Fool and Dial-,'I-Ride programs as subr.itted to the Cor-:a?_i ttee by staff and for;!.,ard to Ci t.-_r Cou�lci l �"or a .x�roval. Motion carried unanimously. Barry StocK. recalled that at the last meetin7 the Luestion arose as to ;,he Cher or not the Dial-A-Ride vehicles could be used for tr_".nsnortin-,; stu:!ents to and _"ro?r school. In th�'t connection he submit-ted a letter ,l_c as se--.'1. :00 Vn Pool :.,eryices Inc. b T . innesota Department of Transnortati on Project- Pllana Ter, ''aTr Olson. 1r. Olson styted that the Dial-n--Ric, Transit C_ t is e ablic �nsit �:Ts en. designed t0 serve the ^-eneral public .iit'_"in i''_nc t, ul 1Jr "Iithout re..r-rd to tri- -nurrose , '?OintT of ori-in Or �estlna; ZCn ,-ri t-hi n the boundaries of the Cit.7. There=ore , Dial-.Ml-Ride vehicles can be used for transporting students to and -ro; school. The von_Mittee revieT-•ed Tr^.nsit monthly reports. =r. t0Cj> commented t ^t the race tracj'. --e0-^1e u-e;L the b .C`:=-u" vehicle One da�"y0 trarnsport :`0 ?e 0 f the le 7-ic-1 .t01"S OL?t t0t=,E frac'' =. =a ,i C v t,c`',. as!--ed if staff.f had received any CO%nieiltS On tLie D- 1 "-1iu,e r jj �i s e e c l Z'.re -ri � �=" e re tU^ 0 s. B ::rrr :',tOC said i-,,Cr -n ,� e Cail In the C�.'r t_=e'r ant t 0 r _e. He a,_" zed "-h '� -'ebrua -r 13 t C__ i anf,, l4 the Valley 'sll r � � '1 l '�a�7 - EO;'le S fare �J and f? Or: U__ !all as a nromotional. T'1,-I Comni', tet d1 SC: :" d set'Er :l other 7,romotional ideas. . r. tocl- -resented the ba-c. and bins to be used in the wecTcling pro-ram. The Con=i ttee was ver-r -_^leased -,,ith the selecticns he had made. The rye c-rclin^T Bro chane ;:ill be retic,-- fcr. 'henext m?eeti�l - -r. "` L r vOCl' -resented hiC idea for the REC' C� i' _0-0 : �,i �-Opee rr i_, - 5 ac'_"::�'v1.n-ity -2ec-Tc1'_i1`-" rJ temnent 1'r0,`.ra ( �i=' ) r'^ S: 'i0tta SU"e5ted that three arrows be used to `Si^n1f"rpt e three areas of rec -clip ; a_1 _ the bill colors (Preen, d.ar'__ ~reen, 7,rell o -;) could be used. Thev0_=i17 5 v8e sCuc c G '-r.701E'_ i ^n vtir - a r �,� i b __ Z 00- L. _ .Per Uo s i t re o�z.e on a t�_ie�-r bas-.; C- . r 1" ti iti;a J on a_1 C'_ C_evc_o- i i c. �c,r �he Co^^tea` ' e nova,.I i - it c0nt�_ue~ to be a Pro lir:. J - I '- Zie:--er/Sof�a roved to jo,�rn �,e ~ee L ^ ; 2 r ;' .._ot-oma carried v ani-_ousl--. �e nP,>tx/11 re heli cr 'ebru`'27r 21, 19-135. -- - - - Bar-_,,7,r 'Stock Jud-.7- Humhe Adr in. intern ec0?.^C'?Yi^ e c r e rV 'Lr-nsit/Reczrclim- Coord. - ''-�^� �®� ��\�1•��a rte-'�v��1.�,�:> 7: �w o Bis i � � r�CJi`.° � •r-_., ��`�.,. y' r----- ' I � -��,:J r- �� .,.;• tom". �-,s.. -C —c y 71 T-i — Com: —77 116 au- Iia I .-- C- �'�•;: I - -- / �, - i'._'_��a-d�'i. 1, '-may �I• NOTE: THIS IS AN EVENING MEETING! TENTATIVE AGENDA Downtown Ad Hoc Committee City Hall Council Chambers February 20, 1985 7: 00 P.M. Chrmn. Laurent presiding 1. Call to Order at 7 : 00 P.M. 2 . Approval of minutes of January 30, 1985 meeting. 3 . Review of Preliminary Concepts a. Presentation of Concepts Joe Niznik, Tad Marrow, John Kulhanek, Brad Pontius b. Feedback from Committee on pros and cons of concepts presented. 4 . Other Business 5. Adjourn to February 27, 1985 at 7 : 30 A.M. Jeanne Andre Community Development Director CITY OF SHAKOPEE IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE CALL JEANNE OR TONI TO LET THEM KNOW. TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota February 21, 1985 Chrm. Dunwell presiding: 1. Roll Call at 7 : 30 P.M. 2 . Introduction of New Members 3 . Approval of Minutes - January 17, 1985 4 . Informational Items A. Recycling Brochure B. Recycling Logo C. Community Energy Council Grant Monthly Report - December and January D. Transit Monthly Reports - December and January E. Report on Shakopee, Chanhassen, Chaska, Eden Prairie Transit Feasibility Study. 5 . Other Business A. B. 6. Adjournment Barry A. Stock Admin. Intern CITY OF SHAKOPEE TENTATIVE AGENDA ADJ. REG . SESSION SHAKOPEE , MINNESOTA FEBRUARY 19, 1985 Mayor Reinke presiding 11 Roll Call at 7 : 00 p .m. 21 Liaison Reports from Councilmembers 31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 41 Approval of Consent Business - (All items listed with an asterick are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda . ) *51 Approval of the Minutes of January 30, February 4 and 5 , 1985 61 Communications: -a-3 Robert Vierling re: Conditional Use Permit on Block 56 _-b4 y'afvL'S)b''C�3 , 5C w L. 71 Public Hearings : None 81 Boards and Commissions: Planning—Commission: `I'a] Annual Report of the Board of Adjustment and Appeals and Planning Commission 4b] Proposed B-3 District Amendment +c] Application by the J. L. Shiely Co. for a Mineral Extraction and Land Reclamation Permit ( Res. No. 2373) d] Proposed Amendment to classify Bed and Breakfast Inns as a Conditional Use in the R-2 , R-3 , R-4 , B-1 and B-3 Zoning Districts (Ord . No. 145) 91 Reports from Staff: LIM*a] Establishment of Shakopee Position on State Allocation of Bonding Authority for Single Family Housing +b] Claim of Mr. & Mrs . Albert DuBois --hc] Shenandoah Drive Street Construction , Change Order No. 4 and Partial Estimate No. 3 -4d] Supplemental Feasibility Report for Holmes Street Basin Laterals 1 Appoint Engineering Secretary to Permanent Status �f] Revenue Sharing Demise +.g] Nominations to Shakopee Cable Communications Advisory Commission th] Authorize Payment of Bills in the amount of $495 , 115 .42 TENTATIVE AGENDA February 19 , 1985 Page -2- - i] Highway 18 Bridge Walkway j] Water Slide Plans -*k] Building Equipment Maintenance Contract 11 Elimination of Switching Trackage at Scott Street 101 Resolutions and Ordinances : Via] Res . No. 2370 , A Policy to Not Endorse Candidates for Appointment to Metropolitan Boards and Commissions ---fib] Res . No . 2371 , Amending Res. No . 1870 , Approving By-Laws of the Fire Dept. Relief Association *c ] Res. No. 2372 , Establish Angle Parking as Herein Setout 111 Other Business : a] A citizen called regarding our flag in front of City Hall. It is very dirty because of the desiel exhaust and doesn ' t meet, according to the caller Mr . Johnson , federal law on main- taining flags . b] c] 121 Adjourn John K. Anderson City Administrator OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA JANUARY 30, 1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Vierling, Wampach, Leroux and Colligan present. Absent was Cncl. Lebens. Also present were John K. Anderson, City Admr. ; Jeanne Andre, Community Development Director and H. R. Spurrier, City Engineer. Members of the Downtown Committee were also present to hear the presentation. Colligan/Vierling moved to accept the Special Call of the Mayor. Motion carried unanimously. The City Admr. stated that City staff has been corresponding with Mn/DOT staff regarding financing options for the proposed Highway 169/101 interchange im- provements and bridge alignment. At this point City Council has set up this meeting to discuss directly with Mn/DOT officials their official position and alternatives for improvement of the intersection. Present tonight are Mr. Bill Crawford, District No. 5 Highway Engineer and Greg Felt, also of Mn/DOT. Mr. Felt stated Mn/DOT's first priority in the Shakopee area is the southerly Hwy. 101 bypass. He added that for many years they have known the Hwy. 169 bridge was a bottleneck for traffic, but structurally it is in pretty good shape. Since Mn/DOT's priority system for replacing bridges comes under the structural categories, Hwy. 169 bridge did not show up on the bridge replace- ment list. He said the Federal guidelines are somewhat different and take other factors into consideration. When the Federal highway system re-rated the bridge, dropping it 30 points in 1984, the State took another look at it. But if the State had not received correspondence from Shakopee with a proposi- tion, it still probably wouldn't be replaced for at least 10 years. After that correspondence, they looked at the bridge again and researched using Federal bridge replacement funds. Mr. Felt said the State is limited in staff time and resources, and they still have to focus their attention on the State list of the worst ones first. It would accelerate the project greatly if Shakopee could help in giving staff time. Mr. Felt proposed that the City handle the preliminary engineering plans, work- ing with Mn/DOT, and then Mn/DOT would actually hire the consultant to do the physical plan preparation for the actual project. The City Engineer clarified that the City's contribution would include configuration, geometry and envi- ronmental study. Mr. Felt confirmed that 80% of the cost of the bridge replacement will be from the Federal bridge replacement program, which includes the immediate bridge approaches, with the remaining 20% from State funds. He said there are no funding sources identified at this time for relocating Hwy. 101 off First Ave. Shakopee City Council January 30, 1985 Page 2 Mr. Mel Lebens asked for a clarification of how much money Mn/DOT is paying, and if it has the money now. Mr. Felt responded that Mn/DOT is contributing 20% of the cost of the bridge replacement, and they do not have the money in hand right now. He said the funds are fiscal 1987 dollars. He said the Bridge Replacement Fund is a dedicated fund. He said Congress can stop the money, but in the past it has been kind of a sacred fund and he is not aware of it being stopped before. He, of course, cannot guarantee the funds will not be interrupted. He said Mn/DOT has applied for this money, but doesn't expect to get confirmation of it for a while. But he would think the money should be available within that two year period of 1987-88. Mr. Felt added that the bridge approach that is included is any part of the roadway you have to drive on to get across the bridge is the approach. The City Engineer clarified that the bridge approach which exists now starts at the ballpark on the north side and runs to the "T" intersection. Mr. Felt said he would think the process would involve the City retaining a consultant to do the environmental studies, which would include alternatives for bridge alignment. This consultant would work jointly with Mn/DOT under the City Engineer's direction to come up with a plan that will meet Mn/DOT's needs for safety and traffic movement and also meet the needs of the City and its downtown revitalization plan. Mn/DOT will take care of all the Federal applications. Mr. Crawford indicated Mn/DOT will seek State and Federal money to participate in the preliminary engineering studies. Mr. Felt stated that Mn/DOT will have to cooperate with the City because it is paying a lot of the costs. Also a State law requires them to get plan approval of the municipality for any project within the boundaries of a municipality. He said it has to be a mutually agreeable project. He anticipates the same split of 80%/20% for Federal and State participation in preliminary engineer- ing expenses. The City Engineer added that if the application for further Federal funding would be very time consuming, that would have to be considered in relation to its worth in the overall project. Mr. Felt said the best thing the City can do to speed up the process is to demonstrate its interest in the project by working with Mn/DOT on the prelimi- nary engineering, as that part takes so long to complete, and is a very signi- ficant factor. He anticipates a confirmation of the Federal funding by the end of March. He suggested the City go ahead on the preliminary engineering studies through March, and if at that point the funding is turned down, the project can be set aside for a while. He stressed that the engineering study is valid later also. Mr. Felt would recommend putting in writing some kind of agreement between the City and Mn/DOT to state who will be doing what and the contribution and some kind of timetable. Cncl. Wampach asked for Mr. Felt's reaction to the Downtown B-1 Revised concept plan for moving Hwy. 101 and the alignment of the bridge. Mr. Felt replied that as drawn, it is not an acceptable plan because the curves are too sharp and the bridge cannot be widened. But he pointed out with a few changes, it could remain an alternative. He spoke briefly of a few other alternatives Shakopee City Council January 30, 1985 Page 3 that might be worth exploring. He stressed the alternatives have to take into consideration the cost of building and acquisition along with solving traffic flow problems and safety factors. He said the new bridge should be near the old location, but it doesn't have to be in the same location. The alternatives should look at the possibilities of two one-way bridges and/or moving the bridge 1-2 blocks up- or down-stream. Mayor Reinke asked for comments from the audience. Mr. Walt Harbeck said that $450,000 was just spent on an EIS which was supposed to be good for 4 years and covered the area from Mendota to LeSueur. He also asked about Coast Guard approval. Mr. Crawford said he thought perhaps the Coast Guard would require them to retain a navigational clearance for the bridge, but they don't, so apparently there is no problem. They don't see a viable option in designating naviga- tional to Chaska. He added Mn/DOT doesn't feel an EIS is needed for this bridge. Mr. Harbeck said he sees a deluge of traffic in Shakopee again. He thinks that 'other project (CR18) should have been completed years ago, but it is still being talked about, and Shakopee will suffer. Mayor Reinke pointed out that this intersection improvement will in no way supercede the southerly Hwy. 101 bypass. The City Engineer reiterated that the southerly Hwy. 101 bypass is still District No. 5's No. 1 priority. Mr. Crawford responded that Hennepin County has sent a resolution to the Legis- lation to place CR18 and CR62 on the State trunk highway system, but he doesn't know if that will pass or not. Mn/DOT's involvement with CR18 has only been in the role of bridge replacement funding. The bridge itself is not on the State system. Jim Stillman asked why that intersection curve is considered too tight, when that turn has to be made onto First Avenue as it is now. Mr. Crawford replied that a lane needs to be added onto the bridge to allow for a free right turn and stacking distance. He further explained the safety hazard for traffic. There were no other questions from the audience. Colligan/Wampach moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:00 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE, MINNESOTA FEBRUARY 4, 1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Wampach, Lebens and Vierling present. Cncl. Leroux was absent. Also present were John K. Anderson, City Admr. and H. R. Spurrier, City Engineer. Repre- sentatives of SPUC were present as follows: Comm. Kirchmeier, Comm. Gorman, and Comm. Cook, SPUC Manager Lou VanHout and SPUC employee Ed Leaveck Comm. Kirchmeier stated SPUC believes it has three areas of responsiblity. First is its responsibility to the City, and in fulfilling it SPUC contributed $279,000 in 1984, which is a 4.2% increase over 1983. In addition, SPUC sup- plied the City with lights and maintenance of street lights at an estimated value of $36,000. This is a total of $315,000.00 contribution to the City. Secondly is SPUC's responsibility to its customers. They have not had to undergo a major realignment of rates since 1982. They believe in all cate- gories the rates of SPUC are either comparable or lower than surrounding areas of competition. Their residential rates are 40% lower than Minnesota Valley Co-op, and SPUC is also comparable with NSP. SPUC's water rates are the lowest in the area. Thirdly is SPUC's responsibility to maintain a viable system with upgrading and maintenance. SPUC has removed all PCB's from the Shakopee system, and to their knowledge there are no PCB's in any area of the public domain, which involved 35 units and cost about $30,000. In the past year they have had to undergo some major repairs to Well No. 3 and spent $25,000 on this unantici- pated expense. Comm. Kirchmeier reported there are a number of special projects underway now. He showed on a handout of anticipated expenditures for 1985. He said with the coming of the racetrack they need to increase their capacity to service the industrial park, so they have negotiated with NSP to put in a new feeder line from Blue Lake for future expansion. He pointed out several other large expenditures planned. In addition, Comm. Kirchmeier pointed out SPUC has not given up on the idea of buying out NSP and Minnesota Valley Co-op. MMUA is negotiating and they hope to reach some type of settlement that will positively affect SPUC, and they might be working further on that in 1986. The reserve funds for the next five years for water and electric are pretty stable. Comm. Cook said that of the City's contribution, $227,000 is from electric and $52,000 from water. The SPUC Manager clarified that they don't need the additional capacity to serve the racetrack, but it is needed for back-up and for additional antici- pated development in the area. At the present time they could serve a pro- posed motel in the area, but not another larger facility like the racetrack. Shakopee City Council February 4, 1985 Page 2 The SPUC Manager stated there is a question about the boundary of the ser- vice area of the co-op, but it is his contention that SPUC should serve anything that develops within the City boundaries, and they do have the capacity. Comm. Kirchmeier said the Downtown Committee's proposal of underground lines and systematic replacement of some of the overhead lights is included in SPUC's plan for 1988, but without any figures at this time. Comm. Kirchmeier said he doesn' t have any figures at this time for the amount of money spent on the attempted buy-outs of NSP and Minn. Valley Co-op. He said that amount has been spread over the last 7-8 years, and a lot more has been spent on the co-op effort than NSP. Discussion followed regarding in- cluding those figures in the buy-out cost and keeping them in mind to decide at what point it isn't feasible. Comm. Cook said they have no plans to assess the whole population for the buy-out costs. They have met with consultants and attorneys and have a top figure in mind for the worth of the additional customers. Mayor Reinke added it is probable that the new customers gained through the buy-out would pay a higher rate for electricity than the rest of Shakopee customers, but it would still be less than they were paying with the co-op. The SPUC Manager discussed further past negotiations with the two companies, and the involvement of MMUA.and the Public Utilities Commission. Comm. Kirchmeier pointed out that SPUC has no expenditures planned at this time for those buy-out efforts. The City Admr. discussed success the City has had with the League of Minnesota Cities and AMM in getting laws changed. The SPUC Manager further explained the purpose of the water reserve for per- forming work which has to be done and for which can't be assessed. The City Admr. said that even though the figures on the five year plan are estimated and uncertain, the City would like to see the plan to coordinate tax increment projects and other general coordination. Also, he pointed out the City is working on a list of projects it needs to submit to the Racing Commission to justify the City's receipt of the full 10cl per ticket tax from the racetrack, and they need SPUC's input. The Commissioners agreed it makes sense to share the plan. Comm. Cook explained that the bulk of the money in the water reserve fund " is from interest income. He added they will be looking at the water rates in the future to see if they are adequate. He said the amounts in the re- serve funds are basically what they see as necessary to get done what needs to be done, and are not based upon any percentage figure or formula. He stated there is a separate reserve fund that is restricted and allocated, and basically should have a zero balance as it just goes in and out. Mayor Reinke added that it is identical to the SAC charge. The City Admr. informed the Commissioners of the City's purchase of computers and software and its intent to to build a system that can eventually take care of all the City's functions and be independent of LOGIS, if it makes sense financially and practically. Therefore, he would like communications to stay open with SPUC as they are pursuing updating their billing machine to gain more capacity. He added the City can now read data from Scott County by transferring the information onto floppy disks or over phone lines. He would like to have the City, Public Works and SPUC all use the system to the maximum, with flexibility for all. Comm. Kirchmeier responded that it makes Shakopee City Council r February 4, 1985 Page 3 sense to keep the lines of communication open. They are evaluating software to see what will work for them and how it would be compatible with other systems. The City Admr. asked for a list from SPUC of what it provides the City in specific services, with the City also making a list of what it provides SPUC. He said other issues such as the state aid formula might be affected by a trade in services which aren't billed, and there might be advantages to each body in different ways of handling the paper transfers. Consensus was to agree this was an excellent idea. The City Admr. informed Councilmembers of the possible availability of a cer- tain parcel of property and asked for permission to pursue preliminary ne- gotiations. Instructions were given to begin negotiations in March for HRA. Colligan/Lebens moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:45 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 5,1985 Mayor Reinke called the meeting to order at 7:00 p.m. with Cncl. Colligan, Wampach, Lebens, Vierling and Leroux present. Also present were John K. Anderson, City Admr. and Julius A. Coller, II, City Attorney. Wampach/Leroux moved to recess for an HRA meeting. Motion carried unanimously. Leroux/Lebens moved to re-convene at 7:06 p.m. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Reinke asked if there was anyone present in the audience who wished to address the Council on any item not on the agenda, and there was no response. Leroux/Vierling moved to approve the minutes of January 22, 1985 as kept. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Wampach moved to receive and place on file the letter dated January 17, 1985 from Minnegasco regarding closing the Shakopee office. Motion carried unanimously. Lebens/Vierling moved to receive and place on file the letter from the railroad giving its timetable for the installation of crossing guards and a signal for Shenandoah Drive. Motion carried unanimously. The City Admr. said there are 4 signs on the municipal parking lot across the street from Berens which state a two hour parking limitation, plus one sign with the designation of a Park and Ride lot for MTC. Cncl. Lebens stated that several businesses downtown brought to her attention the fact that cars have been parking diagonally on the west side of Berens' new addition, on Fuller Street. She thinks there is a safety hazard as far as blocking the sight line when coming out of the alley with diagonal parking. She said the parallel parking has cleared the sidewalk of vehicle overhang, and there is always room in the municipal parking lot across the street. She thinks the City should remove the 2 hour parking signs and allow all-day park- ing in that lot so the employees can park there. She complained that whenever a consultant is hired they want to change the parking from parallel to diagonal and back again. Bud Berens responded that four more cars would be able to park in that same area if it was diagonal parking. He stated that when cars are parked diagonally they still don't stick out as far as parallel parking further up the street. He doesn't think the view is obstructed and he would like more parking spaces closer to his business. The City Attorney stated that if Council wants to allow this exception, it would just have to add one provision to the code to exempt this specific area of Fuller Street from the parallel parking. He said it is a simple thing to do. He said exceptions have already been made in the ordinance, and this would just be one more. Shakopee City Council February 5, 1985 Page 2 Cncl. Leroux spoke about the safety hazard of diagonally parked cars backing out of the parking space and the amount of traffic on that street. He said if Holmes Street is closed to Hwy. 101, a lot of that traffic will be diverted to Fuller and increase its volume. Mr. Berens said he is just asking for a conditional use permit to allow this diagonal parking until such time as any development takes place. He said it might be 25 years before a new bridge is built. He would just ask that the permit be reviewed every year, and if Council decides to change it back to parallel parking, then it just gets changed. Vierling/Wampach moved to direct staff to make an amendment to the ordinance to allow diagonal parking on the east side of Fuller Street from the alley to Second Avenue. Discussion followed regarding the review process. Motion carried unanimously. Colligan/Vierling moved to direct staff to conduct an annual review of the diagonal parking just granted on the east side of Fuller Street along Berens' preperty. Motion carried unanimously. Leroux/Vierling moved to receive and place on file the 1984 Annual Report as submitted to the Shakopee City Council by the Shakopee Cable Communications Advisory Commission. Roll Call: Ayes; Unanimous Noes; None Motioncarried. Leroux/Vierling moved to receive and place on file the 19-4 Annual Report as submitted to the Shakopee City Council by the Shakopee Energy and Transporta- tion Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to accept and distribute to the target areas the cover letter and recycling survey as submitted by the Energy and Transportation Committee. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved that areas 1, 3 and 6 be chosen as the target areas for the Shakopee Community Recycling Program, as submitted by the Energy and Trans- portation Committee. (cc - Doc. 87) Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Colligan moved that the City of Shakopee offer the Cannon Valley Girl Scout Council $500 for Lots 3 and 4, Block 52 and ask that they put it in their Camp Building Fund and direct the City Attorney to write them a letter asking for a special Executive Board meeting to confirm our offer. Motion carried unanimously. The City Admr. explained that the City's insurance agency is reluctant to handle more technical work, and that staff doesn't have the necessary expertise, which is why it is recommending the hiring of an insurance consultant. This con- sultant does not sell insurance so will have a different viewpoint on the City's needs. The consultant will review the whole insurance package, help build new insurance specs where necessary and analyze bids. J 1I QCLV JCC UJ-Ly VVLLILI11 February 5, 1985 Page 3 Leroux/Wampach moved to retain Mr. Dwight Tange as an insurance consultant for 1985 insurance policies for an amount not to exceed $3,585.00. Roll Call: Ayes; Unanimous Noes; None Motion carried. Lebens/Vierling moved that bills in the amount of $324, 093.09 be allowed and ordered paid. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to appoint Mr. Lauren Sorenson to the Energy and Trans- portation Committee for a one year term expiring January 31, 1986 to fill the vacancy created by the resignation of Freeman Chi-Shing Tsui. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to reappoint Bill Lepley and Bill Harrison to a one year term on the Shakopee Community Access Corp. expiring January 31, 1986. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to reappoint Gary Morke, Dennis Roske and Robert Ziegler to a two year term on the Shakopee Community Access Corp. expiring January 31, 1987. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Vierling moved to reappoint Clifford Stafford and Corrine McDonald to a three year term on the Shakopee Community Access Corp. expiring January 31, 1988. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. clarified that the proposed purchase of the dump truck is to be made with 1985 revenue sharing funds. Cncl. Lebens objected to using any revenue sharing monies which the City doesn't even know it is getting. The City Admr. recommended the purchase of this dump truck, as it could be paid for with the 1984 revenue sharing balance, and the Hennepin County Cooperative purchases in cycles and it might be some time before it would be available again. He wouldsuggest staff coming back with a memo researching the effects on the budget if revenue sharing is not received. Discussion followed. Leroux/Wampach moved to authorize the purchase of a 22 ton dump truck from Boyer Ford for $28,864.00. Roll Call: Ayes; Reinke, Vierling, Wampach, Colligan, Leroux Noes; Lebens Motion carried. r Leroux/Vierling moved to direct staff to bring before the City Council the Five Year Capital Equipment budget for reconsideration, with proposed year end balances with and without revenue sharing funds. Motion carried unanimously. The City Admr. explained the cost of the service agreement for the copier is charged back to each department, and is therefore already budgeted. Vierling/Wampach moved to authorize the City Admr. to execute a service agree- ment with Metro Sales, Inc. for the Ricoh copier in the amount of $2,885.00 Roll Call: Ayes; Unanimous Noes; None Motion carried. Shakopee Cit-, Council February 5, 1985 Page 4 The City Admr. said the funds for the participation in the joint comparable worth study will be taken from General Fund Contingency. Vierling/Wampach offered Resolution No. 2367, A Resolution Authorizing Par- ticipation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study, and moved its adoption. The City Admr. summarized the resolution. Roll Call: Ayes; Leroux, Vierling, Reinke, Wampach Noes; Colligan, Lebens Motion carried. Colligan/Lebens offered Resolution No. 2368, A Resolution Requesting the In- stallation of Cantilever and Gate Signals at Valley Park Drive (D-4431) and Agreeing to Share the Costs of the Signals with the Minnesota Department of Transportation, and moved its adoption. The City Admr, summarized the reso- lution. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Admr. was directed to check with the railroad to see if the train switching time can be changed at Hwy. 101 at the industrial park, so that large numbers of tourist traffic will not be backed up. Lebens/Vierling offered Resolution No. 2369, A Resolution Requesting a Recovery Area Variance for Fourth Avenue, State Aid Project No. 166-108-01, and moved its adoption. The City Admr. summarized the resolution. The City Engineer explained that the City is requesting a variance of two feet on both sides of the road to be obstruction free to avoid the additional expense of purchasing this additional right-of-way which is inconsistent with City policy. He added the drive surface and shoulder width of the road is unchanged. Considerable discussion ensued regarding the possibility of upgrading 4th Ave. in the future to handle additional volumes of traffic. The City Engineer stated 4th Ave. plays a relatively minor role in moving traffic to the race- track. He would strongly recommend retaining 4th Ave. as a rural section to avoid maintenance problems. He firmly believes this section will serve the area well for any forseeable development. He cautioned that if the City has any intention of changing 4th Ave. to an urban section, it should be done now, because later it will be too expensive to convert. Roll Call: Ayes; Unanimous Noes; None Motion carried. The City Attorney reported that at the pre-trial conference for the City's suit against Viking Steel, the Judge directed the two parties to continue negotiations. After considerable discussions, a settlement was arrived at and approved by Mr. Peterson of Viking Steel. This settlement would entail the City moving the road to the section line, adding some gravel and the road is to be 27.5 feet wide. The City's light poles are not located on the right- of-way, and Mr. Peterson agreed to give SPDC an easement for maintenance and service of the lights in their present location for the lifetime of the line. The problems Mr. Dressen has with Viking Steel are a separate issue which could not be addressed in this suit. The City Attorney recommended approval of the settlement. Leroux/Lebens moved to concur with the City Attorney on the agreement with Viking Steel for the reconstruction and realignment of the road known as Viking Steel Road. February 5,1985 i Page 5 Y The City Admr. brought up the issue of the City incurring a cost to retain a road and obtain an easement for SPUC, without SPUC making any contribution for the legal costs. Discussion followed, with consensus being there would be no way to charge any costs to SPUC. Roll Call: Ayes; Unanimous Noes; None Motion carried. Leroux/Wampach moved to direct staff to contact Congressional Representatives and Senators to support the continuance of general revenue sharing funds. Motion carried unanimously. Colligan/Leroux moved to direct staff to write a letter for the Mayor to pre- sent at the AMM Board meeting February 7, 1985 opposing a 1% Metropolitan - wide sales tax, and opposing a sales tax increment district within the City of Minneapolis and in favor of any finance mechanism that would support a Minneapolis Convention Center solely from Minneapolis financing sources. Motion carried unanimously. The City Admr. listed the reasons against the establishment of a light rail transit system and asked for City support of the Municipal Caucus' s policy statement against light rail. Discussion followed. Leroux/Vierling moved to approve the Municipal Caucus Policy No. 9 against the light rail transit system, and direct it be forwarded to AMM. Motion carried unanimously. Vierling/Lebens moved that City Council be represented by Cncl. Leroux at the Transportation Committee as being opposed to light rail transit as it would affect Shakopee financially. Motion carried unanimously. George Muenchow, Community Services Director, and Leroy Houser, Building Of- ficial, made a presentation of the research they have conducted to date re- garding the feasibility of the City installing a water slide at the Municipal Swimming Pool. They believe it would provide new excitement and generate revenue for the City. Discussion followed. The City Admr. said they are at the point now where they want to have direction from the City as to its desire to continue researching the possibility or quit. Leroux/Lebens moved to authorize staff to finalize design and construction costs and advertise for bids for a water slide for installation at the Muni- cipal Swimming Pool. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Wampach asked about the purchase of shelves for the senior highrise. The City Admr. confirmed that could be handled as a building supply item. Lebens/Vierling moved to adjourn to February 12, 1985 at 6:00 p.m. Motion carried unanimously. Meeting adjourned at 9:15 p.m. Judith S. Cox City Clerk Diane S. Beuch Recording Secretary rebuary 4, 195 Robert F. Vierling 221 E. 4th Ave . Sahkopee , Tlinnesota - 55379 Shakopee City Council Re: Approveal for Conditional 129 E. 1st Ave. Use Permit on Block 56, Shakopee, Kinnesota 55379 Lots 6 C'Z 7 . Council Members: As to the Conditional Use ;berm t on Block 56, Lots 6 L 7 for which Lynch, RIc'"earney and �pangnolo have applied, I, Robert F. Vierling owner of Lots 3, 4 & sof Block 50 and Harriette Etein (my sister) who has given me the right to speak for her, owner of the half Lot in Block 50 , N2 of lot 5, we both whole heartedly approve of this Conditional Use Permit. In my Block 50 , the City of Shakopee has already "Illegally" "spot zoned" a lot for Lr, Ddles. He was a stranger to Shakopee but immediately the City of Shakopee approved this Illegally zoned lot. There were 26 names of a petition to stop this "illegal zoning" but because certain people , the council did it anyway. I went tp court with this and two judges approved it. Our City attorney Jack Coller did not even have the guts to appear against me . This town wants to become a growing city and the only way it can grow is to the south. Let us let this city progress and not hold it back because of a few people want to stop because it is too close to their homes. These same popple do not care when this progress happens in someone else zone. This has always been the case i in this town, just a few "big shots" , who live off of the town and who want to play "God" . Lets let this city be something we can .be proud of, let progress continue south and those certain people do not like it, then let them move , as they have told other people to do if they did not let it. There certainly is not reason that this Conditional Use Permit should not be granted to these people . I will repeat Miy Sister, Harriette Stein and myself are in full agreement with Conditional Use Permit for Lynch, McNearney and Spangnolo . Than you. :)ircer ly Obert Vierling r: �5C7-5 C�ac" Shakopee Community Access Corporation P.O. Box 273.Shakopee, Minnesota.55379 T(D : M A Y o k R E W K E AND Coin c �FRSO 5 FROM : ("RY e. MO RKE SUBIJEC : RES 1GOAT tool o F BOARp t�os�-�-t pti1 DUE T D Kir-ACTH AND 'PCR L"O"L REksoNs Z Am 5u B A! rTr I.UG �-O Y0� M �/ RES 1GNAT tO +v FRa t� TtF E s ua koP�E eomrryldN fTy AaCESs Co (?FloRArjGl) �o ARS p F I>>kEc�-oRS . T DO )n� TE ►jD o N RE: M,41,J ;tic 4A) 4cT lv & lhtn�a�� wo tti.Lp 1- iKE TO THAK)r yon Fol MY aRIGwAi c.e . aAUR y .s-r-o c K SLAC BOARD OF p i REOTO rS Fct/ �11110� MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Annual Report of the Board of Adjustment and Appeals and of the Planning Commission DATE: February 14 , 1985 Background: At their February 7 , 1985 meeting the Board of Adjustment and Appeals and Planning Commission approved a motion to accept the 1984 Annual Report and forward the report to the City Council for consideration. Attached please find a copy of the above mentioned report. Action Requested: Motion to accept the 1984 Annual Report of the Board of Adjustment and Appeals and of the Planning Commission. Attachment tw 1984 ;J O'er ANNUAL REPORT 0 BOARD OF ADJUSTMENT AND APPEALS Shakopee, Minnesota DATE ACTION March 8th Variance Resolution No. X59: Request for a 20 foot variance from rear yard setback requirements in order to construct a single family dwelling on Lot 1 , Block 1 , Horizon Heights 3rd Addition. William J . Klein. Public Hearing Held. Approved . April 5th Variance Resolution_ No. 160: Request to construct an addition to an existing detached garage nearer the front lot line than the principal building on the lot at 1789 OR . 89 . Stanley Beiries . Public Hearing Held. Approved. April 5th Appeal Resolution No. '162: Appeal to the decision of the City Administrator ' s decision that appellant must obtain a Conditional Use Permit to maintain a commercial dog kennel at 9186 Boiling Springs Lane . Reed Otterblad . Public Hearing Held . Decision of the City Administrator upheld. May 10th Variance Resolution No'. 161: Request to construct a home 20 feet. from the rear lot line on Block 47 Lot 2 , Horizon Heights 3rd Addition. Everett J . Keith, Jr. Public Hearing Held . Approved . June 7th Variance Resolution No. 8614 : Request to construct four directional signs , all of which exceed four square feet in area at Hwy. 101 and Valley Park Drive. Nordquist Sign Co. Public Hearing Held. Approved . July 12th Variance Resolution No. R68: Request from t he sign regulations to construct six temporary signs all of which exceed the permitted four square feet in area for the Minnesota Racetrack Facility , located at CP,. 83 at 4th Avenue . Kraus-Anderson Construction Co . Public -He-aring Held . Approved . Oct . 14th ADveal Resolution No. 378: The decision that the appellant ( Q-Petroleum Corp. ) may not store merchandise and materials outdoors in a B-3 zoning district. Public Hearing Held . Denied . Oct . 4th Variance Resolution No. J74: R e c u e s t f r o t he rinimum lot size requirements in order to eliminate future questions concerning use of the property � ocated at the S . corner or CR . 17 and 16 . Brook ' s Superettes :r. c . Pubic Hearing Held Approved . 19814 Annual Report Page two DATE ACTION Oct. 11th Variance Resolutinp No ' 380 Request from setback requirements to construct a 1401 x 1001 building with a 101 front yard , 101 side yard and 201 rear yard located on Lots 6 & 7 , Block 2 , East Shakopee Addn . Cletus Link . Public Hearing Held. Approved with conditions of record . Dec . 6th Variann_e Resolution No. -382: Request from t h e front yard setback of 6 . 5 ft . to construct a seating addition on Lot 2 , Block 1 , Furries 1st Addn . Pizza Huts of the Northwest Inc. Public Hearing Held . Continued to Jan. 10 , 1985 . Respectfully submitted , Lee Stoltzman, Chairman Dave Czaja , Vice-Chairman Dave Rockne Bev Koehnen Jane VanMaldeghem John Schmitt John Lane 1984 ANNUAL REPORT SHAKOPEE PLANNING COMMISSION Shakopee, Minnesota CONDITIONAL USE PERMITS - DATE ACTION Jan. 5th Conditional Use P rmit R sOlutiO n No X97: Rarer to allow for horses on a 14 . 6 acre cel lying W. of Riverview Estates ; SE of ZoschkepsrAddn. and N. of Horizon Heights Addn. , in a R-1 zone ( 84614 Eagle Creek Blvd . ) Kenneth Watkins . Approved with conditions of record . Public Hearing Held. Feb . 9th Conditional Use Permit R soluti .)nNa X58 to construct a ballroom on a 5 ac . c+� ed S . of 14th Avenue , E. of CR . 17 , parcel of CRay83 and N. of CR. 16 , in a proposed B-2 zone. Prahm-Coll . Properties. Approved with conditions of record. Public Hearing Held. April 5th Conditional Use Per Resolution No A61 Reomst to construct an 8 ' fence 10 ' West of building to secure storage and a roof over the fenced in storage area at 810 E. First Ave . Bernie Carlson . Approved with conditions of record . Public Hearing Held. May 10th Conditional Use Per it Re oluti�n No X65 st to construct a 6 , security fence around the Rearty at 502 W. 1st Ave . on Property d & 10 , Block 18 , C.H. Carpenter Lumber. A� 7 ' 8 ' Approved' with conditions of record . Public Hearing Held . May 10th Conditional Use permit Resolution No R66 to conduct a siding installation businessXe 1742 - Marschall Road . Donald & Lorrie Kreuser . Approved with conditions of record . Public Hearing Held. May 10th Conditional Use Permit Resolution No.. X67 .. o operate a mobile home business .out of ne home at 9326 Boiling Springs Lane E. Mr. & Mrs . Gordon Hall. Approved with conditions of record . Public Hearing Held . July 12th Conditional Use Permit Resolution No X69 610 exceed the R-2 height limita g erectint1on of 3 ^� by g eight ( 8) eighty ( 80) foot _fight towers on the baseball field at Tahpah Park, S. Avenue and 'v; . of of 13th ^proved , , ; c hearing 15 • City of Shakopee . ub_ i a. _ng held . 1984 Annual Report Page two CONDITIONAL USE PERMITS ( Con't. ) - DATE ACTION Sept . 64LIh Conditional Use Permit Resolution No 370Redtus'. to construct a temporary concrete and ready mix plant at SW 1/4 of Section 2 , E. Hwy. 101 . William Pearson . Approved with conditions of record . Public Hearing Held. Sept. 6th Conditional_ Use Permit Resolution No R57 Amendment, To reduce the number of required access drives at 2400 E. 4th Avenue . Coll-Prahm, Inc. Approved with conditions of record. Public Hearing Held . Sept . 6th Conditional Use Permit Resolution No 37 Request to construct a temporary asphalt plant at the Shakopee Racetrack site. Kraus-Anderson. Approved with conditions of record. Public Hearing Held . Sept. 6th Conditional Use Permit B&ZIL .,+ n No. 372 Reoue, to install a self service fuel station at the proposed Tom Thumb Store, located at OR. 17 and 16 . Pump and Meter . Approved with conditions of record. Public Hearing Held . Oct . 4th Conditional Use- Permit--Resolution -No,,. �7g Reouest to exceed the fence height limitation and operate a lumber supply yard upon the property located W . of 3rd Avenue , legally he as Lot A Of Outlot C, Husman Addn . Cletus Link. Approved with conditions of record . Public Hearing Held. Oct . 4th Conditions Use Permit Resolution No 374 to construct self service gasoline facilities upon property located at the S. E. corner of CP,. 17 and 16 . Brook ' s Superettes , Inc. Approved with conditions of record. Public Hearing Held . Oct . 4th Conditional Use Permit Resolution No 37F : Reouast to enlarge a mining extraction --facility property located at the S . E . 1-/4 of Section East East Hwy . 101 . J . L . Shiely Co . Continued to Jan . 10 , 1983 . Public Hearing Continued . Oct . 4th Conditional Use Pe-mit Resolutions No R76 to remove sand and pe'r y gravel aggregate upon roperty located at the S . E . 1 /4 of A . � . 1 /4 of - Se'tion 17 , ld . E . 1 /4 of t� . j;'. 1 /4 of Section 16 , W. 1/2 Of 1/ 4 of Section. 16 CR . 83 . Scott Cou:;ty Lumber . Ccntinu - ' c ed �O J2n . 10 , � &=: 1: UC11C J ^earino ..cnt_nuec . 1984 Annual Report Page _three CONDITIONAL USE PERMITS ( Con 't. ) �J- E ACTION Oct . 4th Conditional Use Permit Resolution No X77 to operate a temporary asphalt plant upon -Located at CR . 83 and 4th Avenue p property site ) . C . S . McCrossan, Inc . Approved( Racetrack Lmporary UP with conditions of record .pprPublic ehearing Held . Nov. 8th Conditional i�se Perm;t Resolution No 348 Amendmen Amend CUP X38 to construct an addition to the warehouse building which exceeds the height limitation of 46 ' by 2 feet at the property located at 7632 Hwy . 101 . Howe , Inc . Approved to amend with conditions of record . Public Hearing Held. Nov . 8th Conditional Use Permit Resolution No 381 to conduct a T-Shirt Screen Printing busi'nn'e s at 1 830 Marschall Road . Kevin Winter. Denied . Public Hearing Held. Dec . 6th Conditj )nal Use Permit Re paculest soyt ' nn No �g� to raise horses and construct a 1976 CR . 89 . James Bucholz and ShellybVonelt Approved with conditions of record . Public Held . Heaging Dec . 6th Conditional Use P rtn;t Resolution No �8 Recuest ..o raise horses and construct stables and riding arena at the property located at of S . i /2 r the N. 7 . 1 /4 C.-Lr' Section 19 . Harland Hohenstein . Approved with conditions of r ecoid . ublic Hearing Heid . 19814 Annual Report PLATS- Feb. 9th Preliminary and Final Plat of Prahm-Co l First Addition, a 20 ac . parcel lying So . of 4th Ave . , E. of CR 17 , W. of CR 83 & N. of CR 16 . Prahm-Coll Properties . Public Hearing Held . Recommended Approval with Conditions of record . Council Action : Res . No . 22241 adopted March 19th . ( Commercial Subdivision) March 8th Preliminary Plat of FoxRun, 32 ac . parcel lying on the Easterly and Northerly boundaries of Prior Lake , So. of Horizon Heights and W. of Muhlenhardt Road . Fred Corrigan & John Biwer. Public Hearing held . - Recommended Approval with Conditions of record. ( Residential Subdivision) August 9th Preliminary Plat of South Park View Addition, lying on the NE 1/14 of the SE 1/14 except 12 ac . of Section 11. ( 12th Ave . and CR 15) Cletus Link. Public Hearing Held . Recommended Approval with Conditions of record . ( Residential Subdivision) Sept. 20th Preliminary and Final Plat of Century Plaza Souare 2nd Addi ti nn , lying E & W of CR 17 , So. of 4th Ave . and N. of CR 16 . Cletus Link. Public Hearing Heid . Recommended Approval with Conditions of record . Council Action : Res . No . 2308/2329 , adopted Sept. 25th/Oct . 9th. (Commercial Subdivision) Nov . 8th Preliminary Plat of Della Is lst Addition, lying in the NW 1 /4 of Section B , East of llth and Shakopee Ave . intersections . Cecil P . Clay . Public Hearing Held . Cont. to 1985 . ( Residential Subdivision) _ Dec . 6th Preliminary Plat of Hauer' s Third Addition, lying in the SW 1 /14 of the NE 1 /�4 of Section 8 , CR 16 and 13th r" ve . Gene Hauer . Public Hearing Held . Recommended Approval with Conditions of record . ( Residential Subdiv'Lsion) 19814 Annual Report REZONING- C DATE ACTION Feb. 9th Request for rezoning of a 10 ac , parcel lying S . of 14th Ave . , E . of CR 17 , W. of OR 83 and N . of OR 16 in Section 5-115-22 , from R-14 to B-2 . Prahm-Coll Properties. Public Hearing Held Recommendation to approve . Council Action : Ordinance No. 1142, adopted March 19th. Aug. 9th Request for rezoning initiated by the City of Shakopee to rezone a 70 acre parcel in the SW 1 / 4 of S 1 / 2 of Section 5 , from R-14 to 1-1 . Public Hearing Held. Recommendation to approve. Council Action: Ordinance No. 151 , adoptedOct. 16th. Aug. 9th Request for rezoning a 87 , 600 sq . ft . parcel lying in the SE corner of the intersection of OR 17 and 16 , from R-4 to B-1. Harmon Harrison Jr . & Brooks Superettes . Public Hearing Held . Recommendation to Deny. Council Action: October 16th Denied. Aug. 9th Request for rezoning a 7 .686 acre parcel on the West side of OR 17 and 7 .1425 acre parcel on the East side of OR 17 , both of which lay between 14th Ave . on the North & OR 16 on the South , from B-2 to B-1 . Cletus Link , Public Hearing Heid. Recommendation to deny. Council Action: October 16th Denied. Aug . 9th Request for rezoning a 20 acre triangular parcel locate N . E . of the intersection of OR 17 and 16 , from R-# to B-1 . Carl Lindstrand. Public Hearing Held . Recommendation to Deny. Council Action: October 16th Denied . Nov . 8th Request for rezoning a 19 . 7 ac . parcel located on B1 , B4 and Out-lot- D , Valley Park 1st Addn . lying So . of Hwy . 101 in the Industrial Park , from I-2 to B-2. Twin City Tile and Marble Co. Public Hearing Heid . Request withdrawn . 1984 Annual Report Amendments - DATE AC'*10 April 26th Sec . 11.21 , Zoning Map , to bring the Flood Plain District to compliance with the Flood Plain as designated in the official HUD National Flood Insurance Program. Public Hearing Held . Recom- mendation to amend . Council Action: May 1st, direct staff to prepare ordinance . May 10th Sec . 11 ..21 Zoning Map and Sec. 11.35 , Shoreland Zoning District to bring the existing Shoreland requirements into compliance with the State Statutes, Municipal Shoreland Act . Public Hearing Held . Recommendation to amend . Council Action: Ordinance No. 149, adopted August 7th. August 9th Sec . 11 . 32 , Subd . 3 , Remove assembly/storage of tobacco products as conditional use. Public Hearing Held . _ Recommendation to Deny. Council Action: Denied. August 9th Sec . 11.33 , Subd. 2 & 3: Change commercial recreation from a permitted to Conditional Use in the I-2. Public Hearing Held . Recommendation to amend. Council Action : Ordinance No . 158 . August 9th Section 11 . 29 , Subd . 2 & 3 : Change commercial recreation from a permitted to Conditional Use in the S-1 . Public Hearing Held . Recommendation to amend . Council Action: Ordinance No. 158, August 9th Section 11 . 29 , Subd . 3 : Remove mobile parks as a conditional use . Public Hearing Heid . Recommendation to amend . Council Action: Ordinance No. 158. August 9th Section+ 11 . 33 , Subd . 3 : Add animal hospitals and veterinary clinics as a conditional use . Public Hearing Held . Recommendation to amend . Council Action: Ordinance No. 158. 1984 Annual Report AMENDMENTS (Con 't. ) _ A CUO August 9th Chapter 11 . 32 Subd . 3 : Land Use Codify Performance Standards or business and Multi-famil 4Regulations: Y Residential Districts asndustrial follows: A. Acceptable building materials B. Setback for Parkin C. Landscaping Requirement(exsePt B-3 District) D. Screening areasof roof-top facilities , parking , outdoor storage , trash handling , loading and service areas. Public Hearing Held . Recommendation Council Action: Ordinance No. 178, to amend. Sept. 6th. Sec 12 . 07 that terminate uat 1 ' f' to Provide the maximum length. regional facilities toor roads mendation to Den Public .Hearin exceed Y• Council Action: Held. Recom- Sept. 20th Denied . Sec . 11.21 & 11.30: To Of the B_2 redefine the description zoning map. Public Hearing District and itis location on the Held, to amend . Council Action : Recommendation Adopted September 26th, Ordinance No . 170 . Sept. 20th Sec . 11.21 : South of 4th TAvenue the zoning ma Of the Racet„ ' North of CR 16 in the area ack as a result of L16 and West Of the Racetrack Area and the adoption Public Hearin B-2 District Plans . g Held . Recommendation to amend . Council Action : Ordinance Ido . 171 . Adopted, September 27th. 1984 c,PECIAL AC'* nle'C DATE ACTION January 5th Moved to recommend to City Council approval of the revised Design Alternative B-1 as presented and recommended by the Downtown Ad Hoc Committee. February 9th Moved to approve the 1983 Annual Report of the Shakopee Planning Commission and Board of Adjustment and Appeals and forward it to the City Council . February 9th Moved to note that comments were made and entered by the representatives from the DNR regarding the Minnesota Valley Comprehensive Plan and no special conditions need to be raised at this point. February 9th Moved to submit comments regarding the Expanded Redevelopment Plan for K-Mart to the Housing Redevelopment Authority. April 5th Moved to accept staff approval on the review of the following Conditional Use Permits: - Res . No . 271 ( amended ) ; home nursery school in R-2 zone; Maureen Strehlow. - Res . No. 270 ( renewal) ; submachine shop; Gary Shenan and directed staff to monitor six month discontinuation period . April 26th Moved to direct staff to notify every landowner in the Racetrack Moratorium Area that there may be a zoning change and encourage them to contact the City for more information and to become involved in the development discussions. April 26th Moved to apend the boundary of the sanitary sewer service area to coincide with the boundary established in the legal description of the racetrack tax- increment district and authorize staff to be flexible in terms of deleting area as necessary , based on the recommendations of the Met Council. April 26th Moved to adopt the following Transportation Plan Amendment to the Shakopee Comp Plan ; Delete prepesed east-west collector from proposed trans- portation plan for area west of CR 83 and East Of CR l7 , as well as a short segment cf north-south collector street to CR 16 , as designated on map 2l of the Shakopee Comprehensive P an. Add 1 cai street desi_gnated asst,east-west road connecting Val _�y Park ;r- ,e � -, � and 'R 83 , as noted n . ioure 1984 Annual Report Page two SPECIAL ACTIONS ( Coni. ) - DATE ACTION 4 .2 .2 , Proposed Access Improvements. Add a north- south collector street between T. H. 101 and Fourth Avenue on an alignment with a previously planned collector to the south in Section 5 , subject to the resolution of the cul-de-sac issue on the residual road on the western end of the racetrack site. April 26th Moved to accept a petition for the construction of a structure to maintain the water level of Dean Lake and file it until such time as the work has been completed . May 24th Moved to favorably recommend to the City Council approval of the Evaluation of City Streets report as presented by Westwood Planning and Engineering and also recommend that the Comprehensive Plan be revised to reflect the Street Evaluation Report. May 24th Commissioners Czaja and Rockne volunteered to serve on the City Hall Site Selection Committee. June 7th Moved to extend an invitation to the Housing Alliance ' s Citizen Task Force to appear at Planning Commission meetings. June 7th Moved to accept staff approval on the review of Conditional Use Permit No . 296 ; Mobile home in the Ag Zone ; Roger Whipp. July 12th Moved to make a favorable recommendation to the City Council on the Downtown Revitalization Final Report , subject to resolution of the zoning and land use issues , the incorporation of design review criteria and specific language for signage requirements in the ordinance . July 12th Moved that the Shakopee HRA ' s modification to the Modified Housing and Redevelopment Plan for Minnesota River Valley Housing and Redevelopment Project No . 1 and the Tax Increment Financing Plan for proposed Tax increment District No . 5 are consistent with the Shakopee Comprehensive Plan and recommend approval to the `i y Count__ . August 9th Moved to recommend to Cityea Plann Council final of the Shakopee Racetrack Area lg approval �.,� and Zon_ng 19814 Annual Report Page Three SPECIAL ACTIONS DATE A C August 9th Moved to direct staff to proceed with the simple lot split procedure for Outlot C , Husman Addition . August 9th Moved additions to the 6 year Capital Improvement Plan. Sept. 6th Moved to accept the B-2 District Planning Study as prepared by John Shardlow. Nov. 8th Moved to adopt Planning Commission Procedures and Policies as presented in memo dated November 2 , 19814 by the City Planner. Nov. 8th Moved to approve the Planning Commission and Board of Adjustment and Appeals Scheduled meetings for 1985 . Dec. 6th Moved to approve the concept of the proposed Downtown Ordinance as presented in the City Planner' s memo dated November 28, 1984 . Dec. 6th Moved to direct staff to obtain a legal opinion on the wording for a statement on an applciation regarding an automatic revocation if the facts are misrepresented. 0,0 MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Proposed B-3 District Amendment DATE: February 13, 1985 Introduction: At their February 7, 1985 meeting the Planning Commission approved a motion to recommend to the City Council that the proposed B-3 District Amendment, whose purpose is to facilitate the redevelop- ment of downtown, be considered wholly, with individual notices sent to affected landowners, with a special hearing reset for approximately mid-March. Background: The primary reason for the Planning Commission to conduct a public hearing for the proposed Central Business District revisions was the relationship between the proposed downtown district rezoning and the request for the Bed and Breakfast rezoning at 134 E. Fourth Avenue. Since the request for rezoning was denied, staff requested that the Planning Commission close the public hearing and direct that a new public hearing be conducted when the complete ordinance (design standards , review procedures , etc. ) is ready for consideration. The public hearing will be conducted by the Planning Commission on an evening other than the regular scheduled meeting night, with notices sent to affected landowners and businesses in the downtown. Staff expects to schedule the hearing for sometime in April. Action Requested: Motion to accept the Planning Commission recommendation to not take action on the proposed B-3 amendment until a special public hearing on the ordinance is conducted. tw MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Application by the J.L. Shiely Co. for a Mineral Extraction and Land Reclamation Permit DATE: February 13 , 1985 Introduction: At their January 24 , 1985 meeting, the Planning Commission approved Conditional Use Permit Resolution No. 375 which grants the J.L. Shiely Company approval for a mining and excavation industry in the I-1 and I-2 zoning districts and moved to recom- ment to the City Council that a Mineral Extraction and Land Reclamation Permit be approved, both permits subject to twenty conditions . Condition number 19 requires the applicant to prepare in report form, a plan for operation, which shall be adopted by resolution, as the mining permit. Attached is a co py of the report, entitled "Savage Quarry" and the proposed resolution. Background: In August 1984 the City Council, based on legal opinion, directed the Shiely Company to apply for a mining permit for the enlargement of the quarry. During the past six months the Planning Commission and staff has worked with the Shiely Company to produce a mining permit which meets the ordinance requirements and is acceptable to both parties. Please refer to the attached Staff memos dated 1/3/85 and 1/17/85 which summarize the nature of the application and the major issues which needed resolved. Included in the Savage Quarry report is the list of the twenty conditions attached to the conditional use permit. Action Requested: Motion to approve Resolution No. 2373 , a Resolution granting a mining permit the the J.L. Shiely Co. for a period of three years, after which paid permit shall be renewed, and move for its adoption. Attachments tw City of Shakopee Resolution No. 2373 Mineral Extraction and Land Reclamation Permit WHEREAS, the J. L. Shiely Company having duly filed an application for a Mineral Extraction and Land Reclamation Permit dated September 20 , 1984 under the provisions of the Shakopee Zoning Ordinance, Section 11. 05, Subd. 7 , Mineral Extraction and Land Reclamation; and WHEREAS, the present zoning for the parcel on which the Mineral Extraction and Land Reclamation Permit is being requested is designated as light and heavy industrial; and WHEREAS, the Shakopee Planning Commission has granted Conditional Use Permit Resolution No. 375 , with conditions for mining and excavating in the industrial districts; and WHEREAS, the property upon which the request is being made is described as : SW o Sect. 2, N � of NW 4 of Sect. 11, SE 4 of Sect. 3 ; * and WHEREAS, upon hearing the advice and recommendation of the Shakopee Planning Commission and upon considering the suggestions and objections raised by the affected property owners with a radius of 1000 feet thereof in a public hearing duly held thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the aforementioned Mineral Extraction and Land Reclamation Permit be and is hereby approved for a period of three years , after which said permit shall be renewed as follows : Subject to the information and conditions as described in attached exhibit A, entitled Savage Quarry. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form, this day of February, 1985 . City Attorney *S � v MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner J-)ATE.-. January,;3 -1985 ITEM: Application for a Conditional Use Permit and Mining P to extract limestone. g ermit APPLICANT: J.L. Shiely Company LOCATION: SW 1/4 Sect. 2 , N 1/2 of NW 1/4 of Sect. 11, SE 1/4 ZONING: Heavy and Light Industrial of Sect. 3 LAND USE: Existing Limestone on property west oftheQuarry nagewayundeveloped "proposed quarry" APPLICABLE REGULATIONS: Section 11. 32, Subd. 3 G; Sect. 11. 33 , Subd. 3 ,M; Section FINDINGS REQUIRED: Section 11� 1 041SObd. S6bd' 7 Section 11. 05, Subd. 7 Background: The Shiely Company has been mining gravel and allied products from a quarry on land they own for some time prior to the consolidation between the City of Shakopee and Eagle Creek Township. The Shiely Co. has never held a permit to mine in Shakopee, however they are now enlarging the mining pit and the City Council, based on legal opinion, has directed them to apply for a permit. The Shiely Company has submitted an application for a conditional use permit and mining permit, although their position is that enlarging the pit does not constitute an expanded use and that they are grandfathered in an industrial zone. Further, they maintain that; 1) the mineral extraction regulations pertain to sand and gravel opore so erations, m than hard rock mining which they consider their operation to band 2 ) they have a hardship in meeting the 3 : 1 slope to the waterline of the proposed end use lake. The permit applications shall be for the consideration of the enlarge- ment of the existing pit only. The proposed quarr y ( splan as "future" ) on the west side of the drainagewayashall�notnbehe site considered at this time. The Shiely Co. does not give up its right to claim that the future quarry is a grandfathered permitted use and the City of Shakopee does not give up its right to require a use and mining permit. conditional Following the November 6, 1984 meeting of the Planning Commission staff reviewed the issues raised by the Commission with the City Attorney, the Commission and Staff made a site inspection visit and the Shiely Company submitted further information. The following is a summary of the responses to the issues raised: 1. The Indemnity Agreement as proposed by the Shiely Company is acceptable with the exception that it is amended to read "J.L. Shiely Company, for itself, its successors and assigns " hereby agrees . 2 . The Staff recommendations contained wit dated November 5 are 1984 within she case report ar w�,.tin the limits of what the Cit can legally require. y 3 . The end use plan lake is an acceptable use and the Department of Natural Resources is the regulatory agency which oversees the affeckt of this use on neighboring communities. 4 . MN. Statute 298 . 75 requires payment of aggregate material removal. The production tax is administered by Scott County. Operators pay ten cents per cubic yard or seven cents per ton of aggregate material removed. Money collected by the County Board is dis- tributed as follows : a ) 60% to the county road and bridge fund for the main- tenance, construction and reconstruction of roads , highways and bridges. b) 30% to the city in which the facility is located and transporting done within. c ) 10% to a special reserve fund for the restoration of abandoned pits , quarries or deposits located upon public and tax forfeited lands within the County. In 1983 $4 , 496 . 37 was received by the City of Shakopee. 1984 figures are not yet available. The City has no legal right to require an additional escrow account for restoration. 5. The Shiely Company is regulated and inspected by various agencies : A. MPCA - air and water discharge inspection required (yearly for air quality and monthly for water quality. Water quality inspection reports sent quarterly to MPCA. B. DNR - Water appropriation permit, with extensive monitoring program. Monthly reports sent to DNR and Dave Czaja. C. Mine Safety and Health Administration - inspected twice a year to ensure employee safety and compliance with reaulations. 6 . The City has no jurisdiction over the DNR permit issued for dewatering. The Shiely Co. has a right to use the drainageway.. 7 . The most efficient way to review and keep current the end use plans is to have an annual review of the permit. 8 . The Hold Harmless Agreement protects the City in regard to the 3 : 1 slope variance. It is beyond our rea_uirement limit to demand that the quarry be terraced. Considerations : 1. The existing quarry is located within both the heavy industrial and licht industr_al zones . 2. The surrounding land uses _nclude: Ncrth - an _nac-_ve quarry and commercial businesses, South - NSP Blue Lake Substation, aSt - undeVelOped 11ait inQL'Strlal, West - Cra_;iaQeway and undeveloped heavy industrial. Because the surround-- ng land i5 pril«ar_ly used fcr industrial, the _mpac- C_ the eXiStli]C m_ne on ad3o-Lning land uses appears t0 be 3 . The Comprehensive Plan designates this area for Industrial v Development. Also shown in the Comprehensive Plan are some pockets of land with development limitations within the appli- cation area. Because the Comprehensive Plan does not indicate significant changes in land use in the vicinity Of the Shiely Operation, the compatibility of land uses is expected to be the same through 1990 as it is today. 4 . The City Engineer has recommended that a Drainage Report be submitted for the miring area. In 1981 the DNR issued a dewatering permit to the Shiely Company which imposed a limit of two and one-half billion gallons pumped per year. However, this permit does not include consideration of the capacity of the drainage channel on the west portion of the mining area. The Shiely Co. has indicated that they are nearing the limit of the dewatering permit at this time and probably apply for an amendment to the permit in early 1985. Both the Department of Natural Resources and Minnesota Pollution Control Agency monitor the procedure for pumping the water from the mine. 5 . Although there are no residential uses within 300 feet of the mining operation, safety fencing at least four feet in heicrht should bound the operation area. This is particularly important in this case due to the steep slopes which exjst within the Quarry. 5. A driveway approximately 1300 feet in lenath is used to aet �o the Hwy 101 Frontage Road, thereby providing enough stacking length for trucks. 7. The ad-Jacer.t commercial properties are screened by some pine and Willow plantings . The existing trees and ground cover should be maintained and supplemented in sparse areas. B. The Ilii_^_ing operation meets all of the recurred setbacks of the zoning district and of the mineral extraction regulations . 9 . The code regulations require all mining operations to be con- ducted between the hours Of 7 : 00 A.?;. and 7 : 00 P.,.. Any variation of these hours would reamre a conditional use nermit. although such conditional use permit should only be granted for F pup 110 Or private emera_encles Or wnenever necessary repG_rs to equipment are recu' red t0 tie made. At --his time, the mill is operated 24 hours per day while the mine and processing is operating on one shi=t. 10. Because the mining Operation 4s within an zone, the code does not require the access roads to be paved, howeve-- watering to contain dust should be conducted. The app-1 has Stated treat a new ..aQhouse on the s^ Dart rating of nearly 1000. NOi e , e �� s-; - rating has an e=_�c_ency s vE_ standards have been set by the Minnesota P ollu.:Or. 1 Health Ad:' „__.; - _ Co -ro Aoenc�� and the !�__ne Sa=e-y sta ion and the opera-i ` aaer^ e- on _s mO__tcred by these 11. The Shiely Co. estimates that mining in the existing quarry will continue for approximately twenty five years . Rehabil- itation of the site is to be completed within one year of completion of mining. The End Use Plan for the quarry consists of a lake approximately 78 acres in size and 65 feet deep. The mine processing equipment is to be removed and the site made available for other industrial uses . Obviously, from a tax base perspective, the use of the land as a lake is not an optimum use. The applicant is requesting a variance from the regulations which require the banks of the lake to be sloped to a water line at a slope no greater than 3 feet horizontal to one foot vertical. Because the quarry is existing, the applicant feels that a hard- ship existis for meeting this criteria. The City Attorney has advised the Planning Commission to grant the variance with the condition that the Shiely Co. will record a hold harmless agreement which removes the city from any res- ponsibility for the lake. Various plantings (of species which grow relatively quick) are proposed around the perimeter of the lake, within the property boundaries. 12. Mining Permits are valid for a period of three years , after which a permit renewal is required. The permit may be reviewed annually. Staff Recommendation: Offer Conditional Use Permit Resolution No. 375, which would grant the applicant approval for mining and excavation industries in the industrial zones of I-1 and I-2, subject to the listed conditions below. In addition, recommend to the City Council that a Mineral Extraction and Land Reclamation Permit be approved subject to the same conditions listed below: 1. The Mining Permit be renewed every three years . Annual Planning Commission review of the permit. 2 . The applicant shall prepare and record an agreement between them and the City which does not hold the City responsible for any damages which may result from the end use of the l-ak-e. 3 . The Conditional Use Permit and Mining Permit shall apply only to the existing quarry and its expansion. ' Should the applicant wish to develop their other parcel which is on the west side of the natural drainageway, a separate conditional use and mining permit will be required. 4 . A variance from the reclamation regulations which require the banks of the lake to be sloped at a rate no greater than 3 : 1 is hereby granted based on the hold harmless agreement which shall be recorded. 5 . The end use plan "Map C" as submitted b adhered to, without modifications , unlestapplicant shall be Council. sae pproved by the City 6 . The applicant shall control dust on the site and access road. 7. Noise emissions shall not exceed the Minnesota Pollution Control Agency and Mine Safety Health Administration standards . 8 . All mining operations shall be conducted between the hours of 7 : 00 A.M. and 7 : 00 P.M, 9. The mining operation shall maintain the following minimum setbacks : 100 feet from the property line, 500 feet from any commercial structures , nor 30 feet from way. any road right-of- 10. Adjacent commercial properties shall be screened from the mining operation by natural vegetation and trees . 11. No truck traffic from the mining operation be routed through the urban section of Shakopee. 12. Safety fencing at least four feet in height shall be installed around the perimeter of the operation. 13 . If the applicant increases the pumping rate of the dewatering Pump, the applicant shall submit a drainage report to the City Engineer which will show that downstream facilities have the capacity for the dewatering pump. 14 . Use of explosives must not damage the natural watercourse through the center of the quarry. Explosives shall not be stored on site. JS:tw MEMO TO: Shakopee Planning Commission FROM: Judi Simac, City Planner RE: Application by the J.L. Shiely Co. for a Conditional Use Permit and Mining Permit J)A=: January,17,-:,--19 8 5 (NOTE: This memo will refer to information contained in the case report submitted to the Planning Commission dated January 3 , 1985 . Please bring the memo with you to the January 24th meeting. ) Introduction: At the January 10, 1985 meeting the Planning Commission approved a motion to continue the public hearing on the J.L. Shiely Co. to January 24 , 1985 so that members could consider the information pre- sented to them by the Shiely Company and City Staff. Background: The discussion on Jan. 10th seemed to narrow down to the following points regarding the issuance of a permit: 1. How can an agreement be negotiated on the 3 : 1 slope requirement and Shiely' s request for a variance from that? 2 . The Planning Commission is interested in reviewing more detailed reclamation plans. The proposed end use as a lake is questionable because there is no conclusive report which guarantees the lake can be viable. 3 . The Dewatering issue - can there be periodic review of the data collected by the City and DNR? 4 . Can a final "operating agreement" be negotiated between the City and the Shiely Co. ? The Shiely Company referred to the parallels that existed between this application and the mining permit they have in Cottage Grove, Mn. I have spoken with the Cottage Grove staff many times in the past few months and I believe there are major differences in the nature of the mining operations , however the Cottage Grove procedures for handling the mining permit and reclamation reviews could be used as an example for the City of Shakopee. The following are some comparisons : Cottaae Grove `Ordinance Shakopee Ordinance 1. Requires mining permit appli- 1. Requires permit every 3 years cation every year. 2 . Graded slope no steeper than 2 . Slope grade 3 : 1 4 . 1 3 . Ultimate land use plan is 3 . Land Use designated in Comp. recreational and/or agricultural Plan is Industrial. Page two Cottage Grove Ordinance Shakopee Ordinance 4 . Dewatering is by DNR & MPCA - however is discharged directly4 ' Dewatering by permit for into the Mississippi River limited amounts into a natural 5 . The d operating agreement" rainageway w/limited capacity. ypproval & adoption by actually a is 5 . The City "Operating Agreement" would be City Council of the mining plan approval of the C. U.P. and reclamation plan submitted b and Mining Permit with conditions Shiely. Y of operation. Staff recommends the following negotiating alternatives : 1. 3 :1 Slope Variance a. Grant variance based on the recording of the hold harmless agreement. b. Grant variance for existing and require expansion to meetlope 3 :1 slope ratioharmless agreement) C. Grant variance for existing hold harmless agreement)slope (with and allow a variance to 4 : 1 for remaining portion to be extracted. 2. Reclamation Plans a• Require more detailed reclamation Plans Biological Report which would indicate whethe include a lake could be viable. hetr the proposed fits in with the future industrial land use. b. Require a reclamation plan which illustrates how th e property C. Accept the submitted reclamation Plan modified and reviewed every three yea and require it to be years . 3 . Dewatering Issue a. Rely on DNR and MPCA reviewol F b• Compile the data collected bexisting dewatering permit. the.a formal review of the information monitoring wells and have bnitoringY the DNR - as opposed to the DNR waiting for a complaint. 4 . Final Operating Agreement a. Direct the Shiely Co. to prepare for operation in report form, their plan (in accordance with the Cit and various plans which Y Code regulations ) operations and reclamaitionwplans �1ng Conditions, it would the If this plan is aposed n become adopted by Resolution as the YiningpPebmet, b. Maintain Conditional Use Permit Resolution form wit' ; +o requirements . n - �emized In either case the Mining Permit every three years and and annual p should be renewed place, Tanning Commission review should take ) Page three Action Requested- Discuss the recommended alternatives with the Shiely repre- sentatives and determine what course of acti regarding the slope variance, the reclamationn lansld be taken issue and the final agreement for o peratind the dewatering g under permit. Although the Shiely Co. had previously reviewed and accepted the staff recommended conditions in the be reviewed and clarified before acting uponBC. Uep., each one should 375 and a recommendation to City Council. Resolution No. tw t �G City of Shakopee Resolution No. 2373 Mineral Extraction and Land Reclamation Permit WHEREAS, the J.L. Shiely Company has duly filed an application for a Mineral Extraction and Land Reclamation Permit dated September 20, 1984 under the provisions . of the Shakopee Zoning Ordinance, Section 11. 05, Subd. 7, Mineral Extraction and Land Reclamation; and WHEREAS, the property upon which the request is being made is described as: SW o Sect. 2 , N � of NW 4 of Sect. 11, SE 4 of Sect. 3 ; and WHEREAS, the present zoning for the parcel on which the Mineral Extraction and Land Reclamation Permit is being requested is designated as light and heavy industrial ; and WHEREAS, the Shakopee Planning Commission has granted Conditional Use Permit Resolution No. 375, with conditions for mining and excavating in the industrial districts ; and WHEREAS, upon hearing the advice and recommendation within the Shakopee Planning. Commission who considered the suggestions and objections raised by the affected property owners a radius of 1000 feet thereof in a public hearing duly held for the conditional use for mining and excavating in the industrial districts, on the Shakopee City Council does hereby approve a Mineral Extraction and Land Reclamation Permit as set forth in the attached exhibit A, NOW, THEREFORE, BE IT RESOLVED THAT THE SHAKOPEE CITY COUNCIL does hereby authorize, and this Resolution No. 2373 shall serve as, a Mineral Extraction and Land Reclamation Permit, pursuant to Chapter 11. 05 , subd. 7 of the Shakopee City Code, for a three year period. BE IT FURTHER, RESOLVED that after this three year period, this permit shall be renewed as follows : Subject to the information and conditions as described in attached exhibit A, entitled Savage Quarry. F Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1985 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form, this day of February, 1985 . City A trn rr,o SAVAGE QUARRY J L SHIELY COMPANY JANUARY 25 1985 J. L. SHIELY COMPANY 6d- 1101 SNELLING AVENUE NORTH NRllb il IN SAINT PAUL, MINNESOTA 55108 T TELEPHONE: 646-8601 February 12, 1985 Ms. Judy Simac, Planning Director 129 East First Avenue Shakopee, Minnesota 55379-1376 Dear Judy: On behalf of the I L. Shiely Company, I hereby submit the Savage Limestone Ouarry mining permit application in accordance with Shakopee City codes subdivision 7. As you know, the Company feels that "enlarging the pit" is part of the overall mining process and does not constitute a new or expanded use of the property in the permitted industrial zone. Therefore, filing this application does not imply in any way that the Company is waiving its rights to contest the submission. The company does wish to cooperate with the City, however, by submitting its mining and reclamation plans. We will be present at the February 19th City Council meeting to discuss this submittal and to answer any questions. Very truly yours, Nancy Salustro Public Affairs Director NAS/lz C� 4a TABLE OF CONTENTS Letter of Submittal Page Table of Contents Mining Permit Application Narrative 1 - 3 Appendices 1. Abstract 2. Existing Conditions Map 3. Proposed Operations Map 4. End Use Map 5. Hold Harmless Agreement 6. Conditional Use Permit Resolution #375 as approved by Shakopee Planning Commission, January 24, 1985. MINING PERMIT APPLICATION A. Name and Address of Person Submitting the Application J. L. Shiely Company 1101 North Snelling St. Paul, Minnesota 55108 B. Exact Legal Description I. Legal Description The SE/4 of Section 3, Township 115 North, Range 22 West, lying south of the Chicago St. Paul, Minneapolis & Omaha Railroad lines excluding, however, the following: That part of the West 200' as measured at the rest I ine thereof the SE%4 of Section 3, Township 115, Range 22, Scott County, lying southerly of the southeasterly extension of the notheasterly line of Lot I, Block 5, Valley Park First Addition and lying northerly of the easterly extension of the southerly line of said Lot I; and The SW/4 of Section 2, Township 115 North, Range 22 West lying south of the Chicago, St. Paul, Minneapolis & Omaha Railroad line; and The N%z of the NW%4 of Section 11, Township 115, Range 22 West. C. Maps Three maps are included and are drawn to a scale of 1"-200' as discussed with the City Planning Staff prior to submission. Contours are shown at 10' intervals. D. Site Plan The Shiely Company site totals 217 acres. Of this approximately 123 acres will be mined. The mined limestone is processed into several commercial products with most of the material milled into a mineral filler used in the production of asphalt shingles. Between 170,000 and 300,000 tons of the limestone are quarried and processed annually. The deposit is part of the Shakopee formation created during the Mankato substage of the Wisconsin glaciation. The seam is 45' deep at the site with 20' of overburden. The watertable is at approximately 725' above sea level. The quarrying will go 35' to 40' below the watertable, the bottom elevation of the quarry being 6851. The present mining plan is to continue mining in a southerly direction to the full deposit depth out to the limits of the setback requirements of the Shakopee zoning code. This brings the large water body to within 30 feet of the southern and east boundary and 120' feet of the west which contains the sewer inteceptor. It is estimated that it will take roughly 25 years to complete mining in this area. The lake that is left will be approximately 78 acres in size. Shiely also plans to mine the western portion of the site sometime in the future. This is shown also on Map C. It is difficult to predict at this time when mining in this area would commence however the mining will take place in the some fashion, bringing the material to the existing processing plant by truck. The lake in this area will be 45 acres. In order to mine "dry" Shiely must pump the water from the quarry floor. This water is pumped to a ditch which eventually runs to the Minnesota River. Both the Minnesota DNR and the Minnesota Pollution Control Agency monitors this procedure. The water pumped has no foreign matter and is free from pollutants. Vegetation is cleared from the area to be mined. Overburden is stripped and sold. At the present time the employees remove the trees for firewood. The deposit is then drilled and blasted with explosives using a millesecond delay detonator to reduce vibration. The broken limestone is scooped up with an electric shovel and trucked to the processing plant where it is crushed, screened and sent on to the the mill. Most of the material is milled to a fine talc which is used in the production of asphalt shingles. The remaining material is classified and stockpiled in the yard. The material is transported to market by truck using Highway 101. The mill is operated 24 hours per day while the mine and processing is operating on one shift. It is possible that at some time depending on market demand the mine and processing could run a second shift. s Soil and Erosion Control Each year the area that will be mined is stripped of overburden and topsoil. This material is removed from the site and sold since it is of little use in reclamation. Because only the area that will be mined is exposed, erosion is not a problem. Dust and Noise Control The mining is conducted so that as few problems as possible result from the process. The roads are watered to reduce dust and a new baghouse was installed which has an efficiency rating of nearly 100%. Plant equipment is kept in good repair to prevent unnecessary noise. Both the Mine Safety and Health Adminstration and the Minnesota Pollution Control Agency have standards for noise which cannot be exceeded. Planting Plan The last map shows the proposed plantings. At the completion of the mining the processing plant will be removed and the site made available for other industrial uses. It is possible that the site with the lakes could be used by some sort of precision manufacturing company that could use the water in the lakes for processing and cooling. NEW ABSTRACTS CONTINUATIONS REGISTERED PROPERTY ABSTRACTS CLOSING SERVICE TITLE INSURANCE RECORDING SERVICE PAUL W. WERMERSKIRCHEN ABSTRACT COMPANY, INC. 223 HOLMES STREET,P.O.BOX 300 SHAKOPEE.MINNESOTA 55379 612/445.6246 C/ LICENSED - REGISTERED Paul W. Wermerskirchen Page 1 of 2 pages David E. Moonen August 23, 1984 J. L. Shiely Company 1101 North Snelling St. Paul, MN 55108 Gentlemen: According to the 1984 Tax Books in the Scott County Treasurers Office the following persons are listed as the owners of property which lies within 1000 feet of the following described property: The Southeast Quarter (SE-4) of Section 3, Township 115, Range 22, lying South of the Chicago, St. Paul & Omaha Railroad line excluding the following: That part of the West 200 feet as measured at the West line thereof of the SEI-4 of Section 3, Township 115, Range 22, Scott County, lying Southerly of the Southeasterly extension of the Northeasterly line of Lot 1, Block 5, Valley Park. First Addition and lying Northerly of the Easterly extension of the Southerly line of said Lot 3. AND The Southwest Quarter (SW-4) of Section 2, Township 115, Range 22, lying South of the Chicago, St. Paul & Omaha Railroad line. AND The North half of the Northwest Quarter (N- of NW14) of Section 11, Township 115, Range 22, Scott County, Minnesota. Kawasaki Motors Corporation Conklin Company, Inc. 1062 McGaw Avenue Pentagon Park Santa Ana, CA 92708 4660 West 77th Street Minneapolis, MN 55435 Darwin C. Hentz and wife Shakopee Sports Center, Inc. Equities Unlimited 1038 East First Avenue Ed Swadden Shakopee, MN 55379 11435 96th Avenue North Maple Grove, MN 55369 Valley Industrial Development 5244 Valley Industrial Boulevard Shakopee, MN 55379 MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY AGENT FOR SAFECO TITLE INSURANCE COMPANY -NEW ABSTRACTS TITLE INSURANCE CONTINUATIONS REGISTERED PROPERTY ABSTRACTS PAUL W. WERMERSKIRCHEN ABSTRACT COMPANY, INC. 223 HOLMES STREET,P.O.BOX 300 SHAKOPEE.MINNESOTA 55379 6121445-6246 LICENSED REGISTERED Paul W. Wermerskirchen Page 2 of 2 pages David E. Moonen William G. Pearson Chicago & Northwestern Transportation Company 8680 West 158th Street 400 West Madison Street Prior Lake, MN 55372 Chicago, IL 60606 J. L. Shiely Company Curtis Bradford 1101 Snelling Avenue North (no address given) St. Paul, MN 55108 Valley Industrial Center City of Shakopee 4900 County Road 18 129 East First Avenue New Hope, MN 55428 Shakopee, MN 55379 Wilfred J. Kopp and wife John C. Ostdiek Rural Route 1, Box 1087 17816 Susan Lane Shakopee, MN 55379 Minnetonka, MN 55343 Cedar Fair, Inc. Northern States Power Company %Alan Schwartz %Property Tax Department One Valleyfair Drive 414 Nicollet Mall Shakopee, MN 55379 Minneapolis, MN 55401 Metropolitan Sewer Board J. I. Case Central Office 700 State Street Caitol Rquare Building Racine, WI 53404 St. Paul, MN 55145 Cretex Companies, Inc. Valley Industrial Development 311 Lowell 5244 Valley Industrial Boulevard Elk River, MN 55330 Shakopee, MN 55379 Twin City Tile and Marble Company 219 East Island Avenue Minneapolis, MN 55401 PAUL W. WERMERSKIRCHEN ABSTRACT CO. , INC. DEM/dms MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY / s� U DRIVE �F I P ' e / F4Fyi �� 1 �i —------------------ 1 1 1 / I 11 / 4 /11 iR J / � po•.. Vf TAO eE'YEA�E�ANi / I O 1 '/a//I / el WFp eO,�oyENiO / 7e EF FOA ry,E4sEyE" e ell / � 1 , SAC* / /L y 1 I / n n - ., 10. 4. 1 L rri / ur r 1 y �QYq{ n r O o l; ate•;, , ,� 1 7"- > cn TELLL Cu3r-DRL wky 0 I r I • LFE) SHAKOPEE/SAVAGE FACILITY EXISTINGJl.SN1ELYCOMPANY CONDITIONS* --r 1101 SNELLING AVENUE NORTH" ST.PAUL,MINNESOTA 55108 •• +'i-17-!� 1=1'S 280..1- Iml I�1 tzl, 'moi I Il,il'1� ••a ,,I•�'_Tllr/ y� EPIgO fEIVEq'IEO,POT 1 i I I'llji� �7 a i' }! / / E qIJ 9ETn�1 eA 8041,0 '•Ijll�i. �� � /0.E• 1 / �•1• r / EQ �E E ail/ 'r! II�I / ^w NEgEEyEyT qE, 1 f SO 1 •II'` J ���r 1t'y!0i •EFT 1 x 11 2111 Fq Cq // •� �— I Ili 1I'•� ii t'. ___ '� '! I _ I 11`1{1•1 tib-.9�__ 11 1 I 11''1:,i �.' �• `1 ,/�'' / 1 1111 1: •. J , ,�// /�j -' ' i i 1 1:11 � •r � -.,/�� / i 1 � 1 3 ;;` ; ,,. {f(es'� ,; '-E��:�, ;� ,1 7�• ; f Ji / jai"+ �` 1 1`\` _3bi� :�! •t: .. � �I , �mcLz a ear nwexA ____�_ •_LEL �• / n E I � � I I� SHAKGPEE/SAVAGE FACILITY PROPOSED OPERATIONS J.L.SHIELY COMPANY H ELLING AVENUE NORTH 1 101 S •• 0..r. ST.PAUL,MINNESOTA SStOB ll- _J I � E E L • , L i� EE� CCi � ~I I � a I r y ' - ;'�l �//�'E �p��E�°W s°yp,pp/ it OL- OID AW 40 _ 2 E O F O N it dl� I l I S W4°E E,1 E ENI x /FpR IY EIMtE r1-Irf m I,I l� MIW,/EVEN. 1 1 i gy Ali II �•°�4°O , t N M i � 1 11 _ ad, - - i f 1.• ',.N ilr � � � N In '' 3 - 110q)_• 11'' .1 `\ f) �,\- .y of \ � -I ____ SP�8IYFY(ar�- t - - - 1 {--_-_--_- -- ---� O G 1 �1 w o A w •f n� �Q �a ' ` I w Q i SHAKOPEE/SAVAGE FACILITY END USE PLAN IF] JL SHIELY COMPANY ..'ctt?-� V V 1101 SNELLING AVENUE NORTH ST.PAUL,PAUL,MINNESOTA 55108 _"' - INDEMNITY AGREEMENT In consideration of the City of Shakopee granting a variance form Section 11 .05 Subd. 7(D) (3 ) of the Shakopee Zoning Ordinance which will permit final slopes to be maintained at a ratio of greater than 3-to-1 at the limestone quarry located in the City of Shakopee (and legally described in Exhibit A) (the "Quarry" ) by the J. L. Shiely Company hereby agrees to defend and indemnify the City of Shakopee, its officers and employees, harmless from any and all claims or actions for personal injury or wrongful death or property damage which may arise in connection with the maintenance of final slopes in the Quarry at a ratio of greater than 3-to-1 as permitted by the variance . Dated: �'� J. L. SHIELY COMPANY By Its r S dent By Its V' e sid nt STATE OF MINNESOTA) ) ss . COUNTY OF RAMSEY ) The foregoing Indemnity Agreement was acknowledged before me on behalf of the J. L. Shiely Company, a Minnesota corporaton, by Joseph L. Shiely III and Ray Lappegaard, who are respectively the President and Vice President of the Company Not ry Public ,AAV, X,�,\,%A&,',n/,AnnAAAA,kn/v\AA &\AA. CRANE NOTARY PUBLIC—FAINAFSOTA --p!res,ton'4. 1587 b+RV1,V,4V/WVZ C/ Shakopee Planning Commission Action January 24 , 1985 Conditional Use Permit Resolution No . 375 which grants the J . L. Shiely Company approval for a mining and excavation industry in the I-1 and I-2 zoning districts and Recommendation to the Shakopee City Council to approve a Mineral Extraction and Land Reclamation Permit , both subject to the following con- ditions: 1 . The Mining Permit be renewed every three years . Annual Planning Commission review of the permit . 2 . The applicant shall prepare and record an agreement between them and the City which holds the City harmless for any damages which may result from the end use of the property. 3 . The Conditional Use Permit and Mining Permit shall apply only to the existing quarry and its expansion. 4 . A variance from the reclamation regulations which require the banks of the lake to be sloped at a rate no greater than 3 : 1 is hereby granted based on the hold harmless agreement and shall be limited to that portion which is limestone in nature. 5 . The end use plan "Map CII as sumitted by the applicant shall be regarded as a concept plan subject to further review. 6 . The applicant shall control dust on the site and access road . 7 . Noise emissions shall not exceed the Minnesota Pollution Control Agency and Mine Safety Health Administration standards. 8 . All mining operation shall be conducted between the hours of 7 : 00 A. M. and 7 : 00 P .M. 9 . The mining operation shall maintain the following minimum setbacks : 100 feet from the property line , 500 feet from any commercial structures , nor 30 feet from any road right- of-way. 10 . Adjacent commercial properties shall be screened from the mining operation by natural vegetation and trees. 11. No truck traffic from the mining operation be routed through the urban section of Shakopee. 12 . Safety fencing at least four feet in height shall be installed around the perimeter of Shakopee . 13 . If the applicant increases the pumping rate of the dewatering Pump , the applicant shall submit a drainage report to the City Engineer which will show that downstream facilities have the capacity for the dewatering pump. 14 . Use of explosives must not damage the natural watercourse through the center of the quarry . Explosives shall not be stored on site. 15 . The mining operation shall comply with all other city codes . 16 . The Shakopee Planning Commission shall serve as a long range planning committee to meet annually with applicant for the purpose of reviewal and to serve as a reclamation committee to deal with site treatment and planning. 17 . The applicant and the Reclamation Committee work towards a preliminary reclamation plan to be completed at the end of the first two years , at which time a determination on the submittal of a biological report or EAW, to be done for the three year renewal , shall be made . 18 . Recommend continuing the collection of dewatering data and request a formal review by the DNR. 19 The applicant shall prepare in report form , a plan for operation , which if acceptable , shall be adopted by resolution as the mining permit. 20 . Annual review shall be conducted on or about February 1st. Any information for review shall be made available through staff by December 1st. U �l MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Proposed amendment to classify Bed and Breakfast Inn as a Conditional Use in the R-2, R-3 , R-4, B-1 and B-3 Zoning Districts DATE: February 15, 1985 Introduction: At their February 7, 1985 meeting the Planning Commission approved a motion to recommend to the City Council that the zoning ordinance be amended to allow Bed and Breakfast Inns as a conditional use in the R-2, R-3 , R-4 , B-1 and B-3 zoning districts subject to the following criteria: 1. In the R-2, R-3 and R-4 District the owner or operator shall reside upon the property or shall submit a Management Plan for approval by the Planning Commission, for the oper- ation of the facility. 2 . The establishment must comply with State Health and Building Code requirements. 3 . Only guests shall be served. 4 . The facility shall be limited to five guest rooms or a maximum guest capacity of 10. 5 . The building must be at least 75 years old. 6 . Guest stay shall be limited to thirty (30) days. 7 . Off street parking shall be provided in accordance with the parking requirements of the zoning ordinance. A minimum of one space per guest room and one space for the operator shall be required. 8 . Signage shall be in accordance with the sign ordinance. 9 . In the R-2 zone, a minimum spacing of 350 feet radius between Inns shall be required. Background: The proposed ordinance is the result of a request by J. Lynch, M. Spagnolo and J. McNearney to rezone Block 56 , Lots 6 & 7 from R-2 to B-3 in order to establish a Bed and Breakfast facility. The Planning Commission recommended the proposed amendment as an alter- native based upon information contained in the staff memo dated 1/4/85 regarding Bed and Breakfasts . (Memo was included in your 1/22/85 agenda packet) . Following the amendment discussion, the Planning Commission directed staff to obtain an opinion from legal counsel as to whether the City has satisfied the conditions necessary to add a conditional use to a zoning district. Please find attached an opinion by the Assistant City Attorney which indicates that the amendment is legitimate and further advises that the City make provisions for the use somewhere in the City. The opinion also indicates that the affirmative Planning Commission action on the Conditional Use Permit is invalid and that a new public hearing will be required following publication of the ordinance, if adopted. Action Requested: Offer a motion to approve Ordinance No. 145 , an ordinance which amends the City Code to allow Bed and Breakfast Inns as a conditional use in the R-2, R-3 , R-4 , B-1 and B-3 Districts subject to the criteria numbered 1-9 , and move for its adoption. *A copy of Ordinance #145 will not be available until Tuesday, to it will be on the table. tw Law Offices of r KRASS,MEYER & WALSTEN (DD/ Chartered Suite 300 Marschall Road Business Center 327 South Marschall Roao Phillip R. Krass PC Box 216 Barry K. Meyer ParalegalsJ.Nehe Barbara J. tlsfrom Shakooee. Minnesota 55379 Trevor R. Walsten Debra A.hails on (612)445-5080 Elizabeth B. McLaughlin Joiene R Wapner Rochelle M. Anderson Office manaaer MEMORANDUM Of Counsel Wanda Breim norsl Dennis L. Monroe DATED: February 14, 1985 TO: Ms. Judi Simac City Planner, City of Shakopee RE: Bed and Breakfast Conditional Use Permit Dear Ms. Simac: First of all I would like to thank you for referring this interesting problem to our office. Needless to say, you have made my week. g As I understand your inquiry, approached by the potential buyers of Lots 6 and City of Shakopee has been operate a "Bed and Breakfast" facilitye Block 56 for authority to I understand the Cit o in the house located on that City considered rezoning property. enterprise, but decided rezoning was not to the gropers ao accommodate such an further understand that the City is now considering y to handle this. I amendment to designate Bed and Breakfast Inns as conditional uses in the R2 g a zoning ordinance R3, R4, B1 and B3 Districts. Furthermore, I understand that with consideration of this amendmentcontemporaneously� and Breakfast Inn on Lots 6 and j a conditional use application for a Bed use a Of Block 56 is proceeding. Both the amendment, and the conditional the City Council at its regular meeting iontion are Februar 19th used to come before from me as to whether or not such a zoning amendment would u be a legal,ve inquired secondly whether or not the conditional use application proper. procedure has been LEGAL BACKGROUND A City's authority for zoning is found in Minnesota Statutes Section 462.357 et. seq. That statute authorizes a City for the promotion for public health, safety, morals and general welfare to establish zoning regulations. That statute also authorizes the amendment of an already established zoning ordinance by a vote of two-thirds of all of the governing- body's members. In Shakopee that means there must be four votes for a only four or five Council $ amendment even if Members zoninare present at the time the vote is to No zoning amendment may be adopted until a public hearing has been held upon that amendment by either the Planning been or the City Council itself. Zoning ordinance amendments may be initiated by the Planning Commission City Council, or by affected property owners. , the Ms. Judi Simac Page Two February 14, 1985 In dealing with zoning matters, a City operates on two levels. The first is a "legislative" level, when the City adopts or amends its zoning ordinance. The second level is considered to be a "quasi—judicial" level when the City interprets its zoning orc.inance by granting or refusing such things as a conditional use permit or a variance. This distinction is important because the standard of review is different for "legislative" and "quasi—judicial" acts of the Cit-_y. Our courts have historically considered the standard of review for legislative zoning decisions to be very narrow. Our Supreme Court has said: "As a legislative act, a zoning or rezoning classification must be upheld unless opponents prove that the classification is unsupported by any rational basis related to promoting the public health, safety, morals, or general welfare." State, . by Rochester Association of Neighborhoods vs. Citv of Rochester, 268 N.W.2d 885 (1978). After citing the Rochestez case, our Supreme Court in the case of Munn vs. City of Coon Rapids, 313 N„T� '.2d 409 (1981) went on to say: In other words the test is a 'rational basis' test. A City Council has broad discretion in legislative matters, and even if the City Council's decision is debatable, so long as there is a rational basis for what it does, the courts do not interfere.” The Supreme Court went on to emphasis that the standard of review in such matters is whether or not the zoning authorities' action was reasonable and expressed the standard in several ways: Is there a "reasonable basis" for the decision? Is the decision "unseasonable, arbitrary, or capricious"? Is the decision "reasonably debatable"? The Supreme Court indicated that in enacting zoning ordinances or amending zoning ordinances the approach is legislative and what is involved is a kind of municipal planning in which a wide range of value judgments is considered. Honn court went on to say that in granting or denying special use permits, the inquiry is more judicial in character since the zoning authority is applying specific standards set by the zoning ordinance to a particular use. In other words the court said, in legislative zoning, the municipal body is formulating public policy, so the inquiry focuses on whether the proposed use promotes the public welfare. In ouasi—judicial zoning (special use permits and variances) p ublic already been established and the ina-.iiry focuses on whetherthe proposed use PO is contrary to the general welfare as already established in the zoning ordinance. The court said that in reviewing such matters judges must in determining what is reasonable, keep in mind that the zoning authority is less circumscribed by judicial oversight ween it considers zoning or rezoning t is when it considers a special use perait or a var courts should be much more reluctant. to interfere sine legislto then ative zoning then in quasi—judicial zoning. IS THE ZONING AMENTD-MEN'T BEING CONSIDERED A LEGAL ONE? I have reviewed all of the files you have provided me including the extensive and excellent research that you have done. You have informed me that our present zoning ordinance does not address Bed and Breakfast Inns as a . Ms. Judi Simac Page Three February 14, 1985 permitted or conditional use in any zone. I would consider such a use a legitimate one and advise you that the City ought to make provisions for that use somewhere in the City. Considering the information that you have developed in your research, I would be of the opinion that therop sed addition of Bed and Breakfast facilities as conditional uses in he five zoning classifications you propose and with the criteria you have proposed is reasonable. If the City Council should decide to adopt this zoning amendment, I believe that if challenged the Council's action would be upheld. WOULD A CONDITIONAL USE PERMIT ISSUED CONTEMPORANEOUSLY WITH THE ADOPTION OF THE AMENDMENT PROPOSED BE VALID? In my opinion the answer to this question is no. An amendment to the zoning ordinance is in fact another ordinance. It must be adopted in conformance with both the requirements for the enactment of ordinances generally, as well as the requirements of Minnesota Statute Section 462.357 as eumerated above. No ordinance is effective until adopted by the City Council and published in the official newspaper of the City. Consequently, until the publication of an adopted ordinance, it is impossible for the City to begin a conditional use process which is dependent upon that ordinance adoption. Consequently, the effort to handle the conditional use permit contemporaneously with the ordinance amendment would not in my opinion be legal and would subject that conditional use permit to valid challenge. It is my recommendation therefore that should the City Council adopt the ordinance amendment in question, that you cause that ordinance amendment to be published. After its publication any citizen would then be in a position to make avocation for a conditional use permit under the criteria, if any, adopted by the City Council as part of the ordinance amendment. REOUIRED ACTION: Should the City Council deem it appropriate, the ordinance amendment proposal needs to be adopted by an affirmative vote of at least four members of the City Council. A motion for such adoption, seconded, and receiving four affirmative vote is the requirement. The application for a conditional use permit based on an ordinance amendment not yet validly adopted is not properly before the City Council and must be tabled. A motion made, seconded and adopted by a majority vote of the Council Members then present would be in order. Very truly v r KRASS, YER TSTEN CHARTERED Russ PRK:mj ORDINANCE No. AN ORDINANCE AMENDING CHAPTER 11 OF THE SHAKOPEE CITY CODE ENTITLED: LAND USE REGULATION (ZONING); TO PROVIDE FOR BED AND BREAKFAST INNS AS CONDITIONAL USES IN CERTAIN ZONING DISTRICTS. BE IT ORDAINED by the City Council of the City of Shakopee, Minnesota, as follows: SECTION I In conformity with Subdivision 7 entitled "Amendments" of Section 11.04 of the Shakopee City Code, due and proper public hearing was held before the City of Shakopee Planning Commission to consider amending the Zoning Ordinance as hereinafter described. SECTION II Subsequent to the hearing and consideration of the matter by the Shakopee Planning Commission, a recommendation for the amendment of the Zoning Ordinance was forwarded to the Shakopee City Council, which has given such recommendation and all other pertinent factors due consideration. SECTION III The Shakopee City Code, Chapter 11, entitled "Land Use Regulation (Zoning)" is and hereby shall be amended so that Section 11.02. "Definitions." shall include the following term and definition: "Bed and Breakfast Inn" - a building at least 75 years old, which contains no more than five quest rooms in which lodging and meals are provided for compensation, and which is open to the traveling public for a stay not to exceed thirty (30) days. SECTION IV The Shakopee City Code, Chapter 11, entitled "Land Use Regulation (Zoning)" is and hereby shall be amended so that Section 11.26. "Urban Residential (R-2)" shall include in Subdivision 3. "Conditional Uses" Bed and Breakfast Inn as a use for which a conditional use permit is required, subject to the following conditions: -1- 1. In the R-2 District the owner or operator shall reside upon the property or shall submit a Management Plan for approval by the Planning Commission, for the operation of the facility. 2. The establishment must comply with State Health and Building Code requirements. 3. Only guests shall be served. 4. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 5. The buildings must be at least 75 years old. 6. Guest stay shall be limited to thirty (30) days. 7. Off street parking shall be provided in accordance with the parking requirements of the zoning ordinance. A minimum of one space per guest room and one space for the operator shall be required. 8. Signage shall be in accordance with the sign ordinance. 9. In the R-2 District, a minimum spacing of 350 feet radius between Inns shall be required. SECTION V The Shakopee City Code, Chapter 11, entitled "Land Use Regulation (Zoning)" is and hereby shall be amended so that Section 11.27. "Medium Density Residential (R-3)" and Section 11.28. "Multi-Family Residential (R-4)" shall include in their respective Subdivision 3. "Conditional Uses" - Bed and Breakfast Inn as a use for which a conditional use permit is required, subject to the following conditions: 1. In the R-3 and R-4 Districts the owner or operator shall reside upon the property or shall submit a Management Plan for approval by the Planning Commission, for the operation of the facility. 2. The establishment must comply with State Health and Building Code requirements. 3. Only guests shall be served. 4. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 5. The buildings must be at least 75 years old. -2- 6. Guest stay shall be limited to thirty (30) days. 7. Off street parking shall be provided in accordance with the parking requirements of the zoning ordinance. A minimum of one space per guest room and one space for the operator shall be required. 8. Signage shall be in accordance with the sign ordinance. SECTION VI The Shakopee City Code, Chapter 11, entitled "Land Use Regulation (Zoning)" is and hereby shall be amended so that Section 11.29. "Highway Business (B-1)" and Section 11.31. "Central Business (B-3)" shall include in their respective Subdivision 3. "Conditional Uses" - Bed and Breakfast Inn as a use for which a conditional use permit is required, subject to the following conditions: 1. The establishment must comply with State Health and Building Code requirements. 2. Only guests shall be served. 3. The facility shall be limited to five guest rooms or a maximum guest capacity of ten. 4. The buildings must be at least 75 years old. 5. Guest stay shall be limited to thirty (30) days. 6. Off street parking shall be provided in accordance with the parking requirements of the zoning ordinance. A minimum of one space per guest room and one space for the operator shall be required. 7. Signage shall be in accordance with the sign ordinance. SECTION VII All inconsistent provisions of Chapter 11 of the Shakopee City Code are hereby amended accordingly. SECTION VIII This Ordinance shall be effective from and after the date of its passage and publication. -3- Passed by the Shakopee City Council this day of , 1985. Eldon Reinke, Mayor ATTEST: John Anderson, City Administrator PREPARED AND APPROVED BY: KRASS, MEYER & WALSTEN CHARTERED Assistant Shakopee City Attorneys 327 South Marschall Road, Suite 300 Post Office Box 216 Shakopee, Minnesota 55379 -4- q � Law Offices of KRASS,MEYER & WALSTEN Chartered Suite 300 Phillip R. Krass Paralegals Marschall Road Business Center Barry K. Meyer Barbara J.Hedstrom 327 South Marschall Road P.O. Box 216 Trevor R. Walsten Debra A.Karlson Minnesota 55379 Elizabeth B. McLaughlin Jolene R.Wagner Shakopee. M (612) inner to Rochelle M. Anderson Office Manager Of Counsel Wanda Breimhorst MEMORANDUM Dennis L. Monroe TO: The Honorable Mayor and City Council City of Shakopee FROM: Phillip R. Krass RE: Claim of Mr. and Mrs. Albert DuBois DATED: February 12, 1985 On February 8, John Anderson, Jim Karanen, Bo Spurrier and I met with Mr. DuBois relative to the claim he has made against the City for damages involved in the sewer backup and correction he has experienced at his home at 1982 Davis Court. A review of this situation makes it clear to staff that the problem involved is not one of construction but rather one of design. The plans we the City prepared for use by the contractor contained a design flaw which directed Mr. DuBois' sewer line into our main at an angle causing it to flow directly against the flow of that main. After Mr. DuBois experienced sewer backup, our maintenance people televised the sewer main and found no blockage. Such televising would not reveal the angle at which Mr. DuBois' service line came into the City's main. With the information gathered from televising, we informed Mr. DuBois that it appeared the problem existed in the line coming from his home, and it was therefore his responsibility. With that information Mr. DuBois hired Mr. Albert Rybak to dip up and replace the sewer line from his home to his lot line at a cost of $1,316.00. This was done about November 12, 1984. On November 25, 1984, the sewer began backing up again and the judgment was made that the problem existed in the area between Mr. DuBois' lot line and the City main, it being our position that this portion of the line was also Mr. DuBois' responsibility. He again hired Mr. Rybak to dip up the portion of the line between the lot line and our sewer main and found that the last ten feet of that line (which was put in under a City contract) was uphill and coming into the sewer main at the angle I described above. This line too was replaced and brought into our sewer line at the manhole so that it would no longer enter our line against the normal sewage flow. Mr. Rybak's charge for the work from the lot line to the main was $1,650.00. The entire cost expended by Mr. DuBois are contained in his February 8 letter, a copy of which I attach. As he sets forth, his claim does not include his lost time at work and labor he has or will expend in various repairs, or personal items ruined as a result of the sewage backup. Mayor and City Council Page Two February 12, 1985 It is my opinion that all of these items are compensable and that the City is liable to the Dubois for these damages. I am presently looking into the various insurance coverage we have in this matter and I would be most surprised if we were not insured. Apparently, the initial response of our insurance adjuster was that the insurance company would not be responsible for the "faulty workmanship" of the contractor. That would be true, if the problem had been caused by the faulty construction done by the contractor. It appears, however, that the contractor constructed the DuBois line in accordance with the plans we prepared and submitted and, therefore, in my opinion, the basic problem was not caused by construction but by our negligence in the design of the sewer line itself. By copy of this memorandum to Capesius Agency, I am asking that they contact both Transamerica and International Surplus Lines to determine coverage under these circumstances . In the meantime, I must advise that I believe Mr. DuBois has a proper claim for which the City is responsible. If we do not pay this claim at the first opportunity, the interest on the loan the DuBois have taken out to pay these bills will continue to accrue. I would ask that our insurance agent inform us if for some reason the City should not make this payment and attempt to be reimbursed later by the insurance company. Yours ver t ly, KRASS� MEY & WALSTEN CHARTERED e 4l ip R. Krass PRK:m j Enclosure cc: Capesius Agency, Inc. File No. 1-1373-173 Albert A. Du Bois 1982 Davis Court ' Shakopee , Minnesota % 55379 8 February, 1985 Mr . Rod Krass Attorney at Law 327 South Marschall Road Shakopee , Minnesota 55379 Mr . Krass: Per your request at our meeting in city hall today, I am submitting a revised listinq of damages and costs pertaining to my sewer problem. A. Rybak Construction to dig up and replace sewer lines from my residence to the main sewer system. $2966.00 Took out a loan to pay this, rounded out to $3, 000 .00 Interest accrued to date $65.34 at a rate of $1 .23 per-day. B. Two Service calls by I .J . Sewer 71 . 50 C. Repair Black top on driveway (Plehal Est . ) 350 .00 D. Replae landscaping items that were dug up , 5 bushes, decorator rock , replacement cost only, labor by me . 165.00 E. Two carpet cleanings in basement from sewer back up 79.00 F. Black dirt replacement for lawn . (dirt only, labor by me)75.00 G. 3 Copies of sewer system drawings from city hall 4 .50 H. The city is going to repair the roadway from the construction and bill me in return . I do not have that figure , but they are to supply it to you per-our conversation at city hall , and it should be included in this listing. As indicated in my first claim, these items do not include two days of work I had to take off , my labor to repair the yard, or a listing of personal items that were ruined from sewage backup in the storeage area in my basement . I have no way to document the items, and just wish to close this matter . I want to thank you for your interest and assistnace in this matter . Since ly, 1 Du o i s as'.1 ON ' A; �� 1. •" LAr L� f TAIL 7 rti'F ry•i{s�i �( '"*`'i7 tsi+ `'F �„;Y 1R W gLi �-77 !S}r 5 • s 1 ?';yY is � r 14 4' �s=� -.•,^++.wa�� � .rte, T,_ f ��• �� �.�� i , 4 tiY i 1. 13381S Nusnv 100'041 00'Slt .. h 6 a. N W 3 M �, NCID W Lp m o ! M OD as i i` m CO Z73'I 1 gs-J. = \\ N fWA O . N 0 2 .` " a 09l�f 0 No D` + l+' ~ CD J rn Qt d m o, tai pp • u1 � W Lu . �► CO a Qp ? W � +UQ qOr cl Wit r ar .►: . N all �G C = TY OF'_SH ,K CD INCORPORATED 1870 +� ENGINEERING DEPARTMENT 129 E. 1st Avenue - Shakopee, Minnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: Fulton Schleisman, Engineering Inspector SUBJECT: Shenandoah Drive Street Construction, Change Order No. 4 and Partial Estimate Voucher No. 3 DATE: January 29, 1985 INTRODUCTION: Change Order No. 4 for the disposal of excavated limerock, and Partial Estimate Voucher No. 3 require Council approval. BACKGROUND: A memo to Council, November 15, 19849 which estimated the in- creased project costs due to encountering limerock north of 4th Avenue, did include disposal of the rock. However, because no contract item exists for the disposal, Change Order No. 4 (Haul Limerock Off-site; 839 C_ Y_ C $2. 00 C. Y. _ $1, 678. 00) , i s necessary. The areas affected by the rock removal were re-bored, and the volumes calculated are within the quantities and costs projected earlier. ACTION REQUESTED : A motion to authorize proper City officials to execute Change Order No. 4 for Shenandoah Drive Street Construction increasing the contract amount by $1, 678. 00 to $243, 1372. 30. A motion to authorize payment of Partial Estimate No. 3 for Shenandoah Drive Street Construction Lin he amount of $4. 078. 49 to Buesing Brothers Trucking, Inc 1 r Approved or Suittal H. R_ Spu rier, ity Engineer FS/pmp SHENNO4 1: Tl Contract Tvo. 1984-4 Partial estimate Voucher ::o. 3 Period Ending: January 31, 1985 TO: Contractor Buesing Brothers Trucking, Inc. Address 2285 Daniels Street Long Lake, MN 55356 Project Description Shenandoah Drive Street Construction 1. Original Contract Amount 237,972.30 2. Change Order No. 1 Thru No. 4 $ 6,000.00 3. Total Fluids Encumbered $ 243,972.30 4. Value of Work Completed $ 211,856.50 Value of Work Remaining 5. 5 Percent Retainage $ 10,592.82 $ 48,000.00 6. Previous Payments $ 197,185.19 Percent Complete 7. Deductions or Charges $ -0- 84 8. Total $ 207,778.01 Payment Due (Line 4 - Line 8) $ 4,078.49 CERTIFICATE Or PAYMENT (I, We) hereby agree that the cuantity and value of work shown herein is a fair estimate of the work completed to date. CONTRACTOR: �ic_c S:k ro BY: cj TITLE: �S 7`•DATE: It OVER C TY OF OPEE E n V City En i eer Dat City Ad=.inis,,rator Dame CHANGE ORDER Change Order No. : 4 Project Name: Shenandoah Drive Street Construction Date: January 29, 1985 Contract No. : 1984-4 Original Contract Amount " 237,972.30 Change Order(s) No. 1 thru No. 3 $ 4,322.00 Total Funds Encumbered Prior to Change Order $ 242,294.30 Description of Work to be (Added/KQQ ): Haul 839 cubic yards of excavated limerock off project site. (@ $2.00 C.Y. = $1,678.00) The above described work shall be incorporated in the Contract, referenced above, under the same conditions specified in the original Contract as amended unless otherwise specified herein. Any work not so specified shall be performed in accordance with the Standard Specifications adopted by the City of Shakopee, Minnesota. The amount of the Contract shall be (increased/& W) by $ 1,678.00 The number of calendar days for completion shall be (increased/decreased) by -0- Original Contract Amount $ 237,972.30 Change Order(s) No. 1 thru 4 $ 6,000.00 Total Funds Encumbered $ 243,972.30 Completion Date: June 28, 1985 The undersigned Contractor hereby agrees to perform the work specified in this Change Order in accordance with the specifications, conditions and prices specified herein. Contractor: o5 By: Title:Date: ROVED REC ED: a s �s Cit En i e ate APPRO City of Shakopee By: Mayor Date Approved as to form this day of City Administrator Date l9 City Clerk Date Ci;,y Attorney T C/ ,JECT: SHENANDOAH DRIVE ESTIMATE NO. 3 RIOD ENDING: January 31, 1985 CONTRACTOR: BUESING BROS. TRUCKING, INC SHEET NO. 1 Item I - I �I Unit ^I Contract �I - Current Period - I Total to Date I No. I Contract Item I Unit I Price I Quantity I Amount I Quantity I Amount I Quantity I Amount 2101.511 (Clear and Grub Roadways IL.S. 1$7,500.00 f 1.00 1 $7,500.00 1 0.00 1 $0.00 1 1.00 1 $7,500.00 1 I I I I I I I I I I I I I I I I I I I I 2104.501 (Remove Barbed Wire Fence IL.F. 1 $1.00 1 260.00 1 $260.00 1 0.00 1 $0.00 1 260.00 1 $260.80 ! I I I i I I I I I I I I I I I I I I I I 2105.501 (Common Excavation 1C.Y. 1 $2.15 1 25700.00 1 $55,255.00 1 0.00 1 $0.00 1 27000.00 ! $58,050.00 1 1 I I I I I I I I ! I ! I I I I I I I I 2105.503 (Rock Excavation IC.Y. 1 $15.00 1 100.08 1 $1,500.00 1 39.00 1 $585.00 1 839.00 1 $12,585.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2105.535 ISalvage Topsoil 1C.Y. 1 $0.95 1 19000.00 1 $18,050.00 1 2137.00 1 $2,030.15 1 17137.00 1 $16,280.15 1 i i I i I I I I I I I I I I I i I I I I 2211.501 (Aggregate Base, I I I I I I I I I (Class 5 (IM Crushed) ITon 1 $5.45 1 5750.00 1 $31,337.50 1 0.00 1 $0.00 1 7263.00 1 $39,5a3.35 I I I I I I I I I I I I I I I I I I I I 2221.501 (Aggregate Shouldering, I I I I I I I I I (Class 1 ITon 1 $6.00 1 1200.00 l $7,200.00 1 0.00 1 $0.00 1 0.00 1 $0.00 1 I I I I I i I I I 1 I I I I I i I I I I 2331.504 IBituminous Material I I 1 I I I I I I Ifor Mixture ITon 1 $190.00 1 87.00 1 $16,530.00 1 0.00 1 $0.00 1 97.20 1 $18,468.00 1 I I I ! I I I I I ! I I I I I i I I i I 2331.510 (Binder Course Mixture ITon 1 $10.90 1 1932.00 1 $21,058.80 1 0.00 1 $0.00 1 2160.00 1 $23,544.00 1 I I I I i I I I I I 1 I I I I I I I I I 2341.504 (Bituminous Material I I I I I I I I I I for Mixture ]Ton 1 $200.08 1 118.00 ! $23,600.00 1 0.00 1 $0.00 1 0.00 1 $0.00 1 1 i I i I I I I I I I I I i I I i I I I 2341.506 (Wearing Course I I I I I I I I I IMixture (Modified) ITon 1 $11.00 1 1932.00 1 $21,252.00 1 0.00 1 $0.00 1 0.00 1 $0.00 1 ! I I I I I I I I I 2501.511 112" CM Pipe Culvert IL.F. 1 $15.00 1 67.00 I $1,005.00 1 0.00 1 $0.00 1 67.00 1 $1,005.00 f I I I I I I 1 I I I 2501.511 118" CM Pipe Culvert IL.F. 1 $17.00 1 157.00 1 $2,669.00 1 0.00 1 $0.00 1 195.00 1 $3,315.00 1 I I I I I I I I I I I I I I i I I I I I 2501.515 112" CM Pioe Aorons IEa. 1 $85.00 1 2.00 1 $170.00 1 0.00 1 $0.00 1 2.00 1 $170.00 1 ! I f I I I 1 I I I I I I I I I I I I I ?501.515 118" CM Pine AaronsfEa. 1 $100.00 ! 4.08 I 5400.00 I 0.00 ! $0.00 I 6.00 I $600.02 I I I I I I I ! ! I ! i PROJECT: SHENANDOAH DRIVE ESTIMATE NO. 3 PERIOD ENDING: January 31, 1985 CONTRACTOR: BUESING BROS. TRUCKING, INC SHEET NO. 2 Item I I i Unit I Contract I Current Period I Total to Date No. I Contract Item I Unit I Price I Quantity I Amount 1 Quantity I Amount I Quantity I Amount I i 2506.511 (Reconstruct Manholes IL.F. 1 $110.00 1 13.60 1^ $1,496.00 f 0.00 1 $0.00 1 13.60 f $1,4%.0;- I I I I I I I I I I I I I I I I 1 1 2575.501 (Roadside Seeding (Acres ( $2 .80 f 3.60 1 $720.00 1 0.08 1 $0.00 1 0.88 1 $0.&- I i i I I I I I I I I i I I I I I I 2575.502 (Seed Mixture No. 5 ILbs. 1 $3.00 1 180.00 1 $540.00 1 0.00 1 $0.00 1 0.00 1 $0.00' I I I I I I I I I I I I I 1 I I I I 2575.505 (Sodding IS.Y. 1 $1.25 1 2222.08 1 $2,777.50 1 0.06 1 $0.00 ( 0.00 1 $0.00 i i I I I I I I I 2575.511 (Mulch Material, Type 1 ITon 1 $140.00 1 7.20 1 $1,808.80 1 0.00 1 $0.00 1 0.00 1 $8.02 i I I I I I I I I 2575.519 [Disc Anchoring IAcres 1 $108.00 1 3.60 1 $360.88 1 0.00 1 $0.00 1 8.00 1 $0.02 I I I I I I I I I I I I I 1 i I I I 2575.531 [Commercial Fertilizer I I I I I I I I (Analysis 10-20-30 [Ton 1 $350.N 1 6.81 1 $283.50 f 0.w 1 $6.00 1 0.00 1 $0.8Q I I I I I I I 1 I I I I I I I I 584.603 (Relocate 12° Watermain IL.F. f $23.00 1 1008.08 1 $23,000.00 1 0.w 1 $0.00 1 1000.00 1 $23,000.02 I I I I I I ! I I I I I I TOTAL 1 $237,972.30 1 TOTAL 1 $2,615.15 1 TOTAL 1 $205,856.50 Change Order No. 1 Hauling Boulders C.Y. $3.50 712 $2,492.00 Change Order No. 2 Ballroom Water Service L.S. $988.00 L.S. $980.00 Change Order No. 3 12" Gate Valve L.S. $850.00 L.S. $850.00 Chan_ue Order No. 4 Haul Limerock Offsite C.Y. $2.08 839 $1,678.00 Total Change Orders $6,000.80 GRAND TOTAL $211,856.50 SUPPLEMENTAL FEASIBILITY REPORT FOR HOL_MES STREET BASIN LATERALS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and tha I am a duly Registered Professional Engin r under the la of the State of Minnesota. Date = Re 'stration No. 13689 February 1.9985 SUPPLEMENTAL FEASIBILITY REPORT FOR HOLMES STREET BASIN LATERALS INTRODUCTION This report is a Supplemental Feasibility Report to the Feasibility Report prepared April 29 , 1983 for the Holmes Street Basin Laterals. The principal recommendation of the original report was a recom- mendation to adopt standard design criteria that could be used to provide A UNIFORM LEVEL OF SERVICE, CITY WIDE. The original Feasibility Report emphasized the fact that the present City storm sewer system is a mismatched collection of poorly designed storm sewers that cause numerous problems because of the poor design. The report emphasized a uniform level of service in order to match the capacity of the storm sewer with a design recurrence year in order to eliminate overdesign as well as underdesign . The Storm Drainage Design and Technical Criteria recommended for adoption in the Holmes Street Basin Laterals Report was reviewed and approved by a consultant from Barr Engineering Company to confirm that the policy was reasonable practice for the Pietro area. It was reviewed and approved oy the Industrial Commercial Commission and the Planning Commission . Finally it was adopted by City Council November, 1983 . Now , any storm sewer that is constructed or reconstructed in public easement , public right-of-way , or other public property in the City must be designed in accordance with that adopted criteria and standards. The Holmes Street Basin Laterals are part of a storm sewer system that replaces existing facilities because they do not conform to the design criteria adopted by City Council . Construction of the laterals brings up policy questions regarding assessment of special benefit which this report covers . This report also covers eight additional drainage Basins in order to test the policy alternatives on all the other anticipated drainage work in the City. When the matching City cost is specified , it is the cost for all of the City' s needs and not just the needs from the Holmes Street Basin Laterals. 1 WNCLUSIONS 1 . Construction or reconstruction of drainage systems in developed areas are not feasible if the Work is assessed under Chapter 429 using the existing City Policy. All of the needed drainage improvements in the City are not feasible because the property values in the basins served do not increase an amount equal to the assessments . This does not mean that the cost of drainage systems in Shakopee is exceptionally high , it simply means that the real estate market cannot; tell the difference between a good storm sewer and a poor :3torm sewer. Actually it means people usually don ' t purchase property when it ' s raining . 2. Feasible funding alternatives exist for storm sewer con— struction. This report ider.t:ifies feasible funding alternatives that use a combination of spE!cial assessment, ad valorem levy , area charge , user fee , tax increment financing , and special levy. 3. The City must decide that, the proposed level of storm sewer service specified by Section 3.41 of City Code and specified by Drainage Criteria adopted in November, 1983 is necessary. Storm sewer systems exist because of a policy commitment by local government to achieve a specific level of service . That commitment can be made by the residents of the City of Shakopee or by City Council as the elected representative of the residents. 4. A petition initiated special improvement district is not a feasible or practical method of constructing drainage systems. In the developed part of Shakopee less than 25 percent of the basins have problems , therefore , less than 25 percent of the property owners would sign petitions. In undeveloped areas subdivision regulations require improvements . However, in the undeveloped areas the developing land within the area constitutes less than 25 percent of the drainage basin and therefore , petition initiated projects would not be feasible there . The first decision Council must make is whether any storm sewer projects should be Council initiated or whether they should all be property owner initiated . Options exist for either alternative so as long as there is a simple majDrity of Council in favor of a project . 5 . No further work should be undertaken on drainage facilities until City Council makes one of the following decisions. There are five alternative decisions : a . Do nothing , with that alternative this report would be placed in a file and we would return with recommendations to modify the ordinance and resolutions that pertain to construction and reconstruction of storm sewer in the City. 2 b. City Council could decide that it is necessary and appropriate to hold a referendum to decide whether the general public believes the level of service proposed is necessary to the point of agreeing to be taxed for the construction of facilities . C . City Council could establish a policy whereby no storm sewer improvements were made unless the City received a petition from property owners who owned more than 35 percent or more of the property affected by the drainage improvement. d . Council could decide that the level of service required by the City ' s Design Criteria is necessary and could initiate Special Improvement Projects with a four-fifths ( 4/5) majority of Council approving . e. A majority of City Council could decide to use user fees , ad valorem levy, tax increment to fund the drainage projects identified in this report. _ 6. This report concludes that Special Improvement Districts are the most desirable because property owners have the option of making a lump sum payment for the special benefit. 3 FUNDING Revenue Sources. Below listed are the Revenue Sources available to the City for storm sewer construction. Some or all of these Revenue Sources can be used in the funding alternatives contained in this report. A. Special Assessment: Special Assessments as used in this report refer to Special Assessments levied pursuant to Chapter 429 , for improvements that can be shown to specially benefit property. B. Ad Valorem Levy: An Ad Valorem Levy against the property in Shakopee , authorized as a result of a referendum, approving a sale of bonds for storm sewer improvements City wide. C. Area Charge: A one time charge to undeveloped property to fund some part of storm sewer facilities within the City. D. User Fee: A utility fee charged to property within the City which fee would be based on the volume and rate of run-off from the property to fund the construction and reconstruction of storm drainage facilities , pursuant to _ Mn Statutes 1982 , Section 444. 075 , Subdivision 1 . A packet describing the City of Roseville ' s system is attached . E. Tax Increment: The use of the increment of tax resulting from; new development, within the City of Shakopee project area , to fund part of storm sewer construction within the City of Shakopee. F. Special Levy: A special levy exempt from the levy limit so long as 20 percent of the project is funded by Special Assessment or by Tax Increment Funding. Funding Alternatives. Attached are six funding alternatives that range from existing policy down to a fraction of existing Policy. Within each alternative are several options which really make the six funding alternatives a potpourri of alternatives , each with a different degree of feasibility. Using the alternatives City Council should make a major policy decisions related to new and existing development. A. That part of the drainage system should be assessed as special benefit? The City should adopt uniform standards to distinguish between lateral and trunk. The choice here is philosophical 4 because it would be possible to argue that many lateral facilities serve a trunk function . Trunk cost could be handled like the City ' s sanitary sewer policy where a 21 inch pipe as the lateral . Trunk cost would pay oversizing for anything larger. This is an entirely different issue but it is one the City should address soon . The decision City Council should make is : 1 . Do nothing and determine trunk and lateral on a case by case system. 2 . Direct City Staff to prepare a policy that establishes trunk and lateral systems similar to sanitary sewer policy. Existing policy say-. that new development should pay 100 percent of the cost of laterals and 50 percent of the cost of trunk facilities . Alternate 1 and Alternate 2 use that split. Alternate 3 and Alternate 4 cut that amount in half. Alternate 5 and Alternate 6 cut that amount by 60 percent . There is no right or wrong recommendation here except as a matter of practice new development has been required to pay its own way. That should continue unless the work is not feasible. One the following decisions should be made : 1 . Do not modify the present policy as it is applied to existing development . 2 . Reduce the developers cost and modify present policy as it is applied . B. How should the City initiate storm sewer improvements? The real estate market does not distinguish between good drainage systems and poor drainage systems . Crosspar.s ( Shakopee Dips) are blamed on speed control , not poor drainage alternatives. As a result that real estate market will not pay much more for good drainage . Who does this poor drainage hurt? It hurts everyone . The poorly designed sewer on Lewis is creating sink holes . The poorly designed sewer on Pierce Street requires a flasher on manholes each time there is a thunderstorm. The inlets at 7th & Lewis plug and need attendance each time there is a thunderstorm. Who does poor drainage hurt? It hurts everyone that pays taxes . The crosspans like those at 5 6th and Atwood and Fuller give alignment specialists business. Who does this poor drainage hurt? It hurts everyone using Sixth Avenue . No one can assign the cost to provide drainage in existing areas with absolute certainty. However, the real estate market says drainage is worth $200.00 to $400 .00 per lot. An assessment policy that achieves that target amount is probably going to be successful. It may not be fair to _ other property owners in the City that paid more , but providing equity in storm sewer assessments is not possible given the practical problems the City has in proving special assessments. There are two property initiated options that initiate storm sewer projects, Referendum or Petition , with a petition from the owners of 35 percent or more of the area served by the improvement. Council can initiate a Special Improvement District by simple majority. A referendum does not give City Council the authority to initiate Special Improvement Districts by simple majority, but it does authorize the City to sell bonds and pay for them by special levy that is outside the City' s levy limits . Most property owners favor a lump sum charge for the local share of a public improvement project, so consequently, _ a special assessment is usually the most desirable alternative from a property owner ' s point of view. Alternate 2 would require a Council initiated special improvement. All of the other alternatives could be Council initiated with a simple majority so long as a minimum 20 percent of the City matching share was tax increment funding . (Legal Opinion from James P. O ' Mera , of O ' Connor & Hannan) and special benefit was paid in a user fee. Without a petition none of the projects initiated by simple majority can be funded by special assessment, only projects initiated by the four-fifths ( 4/5) majority can be specially assessed. User fee , tax increment funding , and special levy are the principal revenue sources for projects initiated by simple majority. User fees for storm water drainage is a principal revenue source if projects must be initiated by simple majority. An information packet on the formation of a storm water drainage utility is in the Appendix . That packet was assembled by the City of Roseville in their adoption and use of a storm water utility to pay for the ongoing storm water drainage maintenance and reconstruction in the City . The information packet is complete and self-explanatory 6 and if the City of Shakopee would establish a storm water drainage utility, it should use one patterned after Roseville because this utility takes into account storm water volume , run-off rate and sediment load . All of these factors have a bearing on storm water drainage facility costs and drainage system maintenance. In order to establish how the City will initiate storm drainage projects one or more of the following decisions should be made : 1 . Put a storm sewer referendum on the ballot. 2 . Require petition initiated Special Improvement Districts for all storm sewer projects. 3 . Create a Storm Water Drainage Utility to fund special benefit City matching cost , maintenance and reconstruction . 4 . Consider the use of Tax Increment Funding to make projects feasible , to reduce City matching levy or facilitate a special levy. The six attached alternatives use a combination of the six revenue sources identified . Alternates 1 and 2 are do nothing alternatives that leave the existing policy unchanged . The cost is collected with User Fees as an alternative to or as a part of the assessment . Alternates 3 and 4 cut the amount assessed by 50 percent . 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J Fes- � a-• N J F� � � M J F- � F- �f J � 1--- N l �1 LL Z O 0 h O � P R O S �• O 4 � � B O N N N N N N N M N N N � N �� M IA N N M O L ? • M � � � � QJ (+� Q M M N N N M M M M II"l nl O N 11'S V O O N N O O N N O O N N O O ry O O O ry 0 O n n 4 O O N O O ? a N M M N N N M N N ^ N M A n Z N N N N p 7 N M C • rt = v s N N N N+ M m m Y7 ^ M ^ N J 'O •O ^ P N N > P P a O J T N � Irl P C W J © m H N N T a u mc z w » ry r � LL H 1 OI p C 119 M U d p 1 1 C 1 N N � C p N N + d It I d^ p O 10 1 T- N LL p ^ O 1 G 1 � LL Y 1 1 N OI 1 W 1 V � + 1 I 1 G O O 1 1 G u 1 I O O 4 `• N H � I .u. ..T+ 0 1 ~ O O OO Igil O O 6 ul n IrJ Q P N O M, = 1rl N a O O N G O O O O O O 0 00 O O O O Q C C � M M M N � N N « M � � N N � M .N.. O N •OF O P P � .. O O O O O 00 O N N N d � NO 6 1 O O •-• 1 n r r C A 1 'O M L L = O O O C L W V r 1 C � O O °' O °'p O I .LLj. LL 10 LL O C .. 11 O Z 11 ,-1 fJ O O II 11 11 L O A O O L 1 L U V • t O Q COV N N w M N U O U U � d d N W fN •e d O O O O C Q Q d vdi L - N it -at u ra u A - ' I n 27 • 'I' Q � � .2 4 � I !>7 � - U d n � _ I W u I J � +O d S CI U ` -1 •� � CV J •' J M J � � r- a J O d C O � d .0 � i = LL Q S •e ? t>7ti « 4 c v - +r m J C= Y _ _ d j •] .:J ,..� tL O ^ « » N » « •w M y « » V7 r` P �� N f\ m � T 2 '7 ? ? a '� `�, c a j .� a -nom u •� v � o « .. N « » N » » o N ._ w '� ca ^� o o m eri '� -• -? o .� oo fG ^ » w » « N M M M w Z m v w w « » » w Iy O P zz � m w « y Is « 0o- c •a m LL OI OI Q O O O J � O « M d O 1 M d O � � of 0 1 s LL J N 1 C > > O O 1 N = 1 O Y O I I LL tY 17 I •� � J ly O 1 I « u N J C O m •� d U Y"1 c•LL., C O O O r L N le P M ' O• O 7 0 O O � O O O O N y is H M N O • O O O O 7 0 O O O 4 ¢ d h t2 ti O O O O O• 0 0 •� ,Oj G 7 0 0 O O O O N lV _..• r J Q II'9 N M Y H M m N m •O• 0 0 0 O O O O O Op O O O w Y M -Z M N •-. O. _... O O O O C .r _ = N N N N M N m � m N M ^ M M M .'• » M N ... M M MY_, O O O U yxj Y 2 Z S � 2 O •• � y+ N O R N m a .._• H m IL U1 O � + � ♦ o r r 1 O C � OI ft O u u v40L' M O ILI. O O w O n' m m Ix III 1 I O O 1 J J = = O O O T u •_• u LL=. Z II J O O rn U II 11 II M O O O C L 1 Or a yr '--1 v U 1 V � O• O A Q fON N » N b N U O U U 1 LK L d « d N y nr J O O ¢ ¢ L d N III O. O O 00 1 d d Q 4 Q ¢ H O yL.a OI 1 t L N N [C'VJ b 1 y.• OI i O w n 0 O O •-• n.O ._• �+ d a• �. d .� d y d y V '.' u -` u y d r -• L P d r u N L U V A L u N L L I' d R d - P d n y ' n Q d p � y d d O. G W ` p d m ` d d •... O' d l ~ 6 � � � a LL d J li w � N d _LL � J d Y d A � O `N ` L � b .... n• O d d � O ` n r .... O LL .a J tL LL n LL d J � d d d Odi d L dy O d "-' A O d � 1 y LL .al � L LL •a a L LL •a LL = L IJ_ y,.. lL W d W d d li LL d O l� � d d n � .a+ N j � �• = d C � � d 0 M O L H N x C � V .N .j � � N N x ~ 1 N H •-' 1 s C .� Q � = O x � 9 d x � .Cy = I = C � u « O N O C .•.r p N O C r N O = ..�.r N C C a O � � O^ O 'a[ j O V x � n1 �4 v y 17 � ...• N a o ¢ v <"' ¢ ' m ¢ re m' ¢ v A A z A `_ _ v c •s N .--• ¢ rdn " ¢ Q N " -.�. O d .0 � 9LI � u 7 d U +dr � 43 H J L d O ~ � 1--• Iff J I� � f- h J FL- � 1-O- m J M- :!g 1. 1 HOLMES STREET BASIN LATERALS The Holmes Street Basin Lateral System is designed in accordance with the City of Shakopee 's Design Criteria and Standard Specifi- cations for storm construction and reconstruction. In the appendix is a map of the proposed laterals along with a detailed estimate of the cost. The estimate is prepared so that the phased development costs of each lateral can be identified . Total estimated cost of the Holmes Basin Laterals is $1 , 152 , 186 .00. An analysis was made of the system to determine what minimum amount of work was necessary in order to provide the design level of service for any point in the basin . All property south of Seventh Avenue except on Apgar is served because no laterals are necessary south of Seventh Avenue. All of the laterals must be extended before the area north of Seventh Avenue has the design level of service. The basin can be divided at Holmes Street but the improvements necessary east of Holmes Street are only 28 percent of the total lateral cost. Some alternative phasing will be more practical . Phasing should depend on the location of new development to minimize future inconvenience. It should also consider the ability of the City to fund matching elements of the project. Earlier reference was made to the Pierce Relief Main and a flasher that is set out each time it rains. This problem is similar to most of the existing problems with storm sewers in the older part of Shakopee. Original pipes , meant to serve a few blocks were over extended. That has happened on Lewis Street , on Fuller Street , on Pierce Street , and sad to say that has happened in too many other parts of Shakopee. On Pierce , a 5-block extension was made to Tenth Avenue. The extension was analogous to making an attempt to fill a 5 pound bag with 10 pounds of incompressible material . The seam splits at 5th and Pierce where storm water surcharging the line pushes a manhole cover into the air on a column of water. The storm sewer pipe is not a pressure conduit. It is being damaged. The floating cover is a very dangerous hazard to pedestrians t and automobiles. The pressurized storm sewer pipe is a hazard for the street because that storm sewer pipe is destined to fail . There is an extension that can be made to reduce to problems here but it requires oversizing lateral line B all the way to 2nd and Fuller Street. The same is true for the Shumway relief which would reduce the flooding problems around 2nd and Shumway. These costs are not included in the Holmes Street Basin Lateral cost , these costs 15 are included in the West Side Laterals and Inlet Construction cost. As a feasibility report, the ,3upplemental Feasibility Report for the Holmes Street Basin Laterals is incomplete. The report has not identified the property owners that would be assessed by the project , other than to show parcels within the basin. In order to bring this project: to fruition, it would be necessary to establish need, to establish funding, and to authorize completion of the Feasibility Report. 1 A i i i, 16 i v" Ll 9eiv�iz s 8 H . � SIVU3ldl 03SOdOUd Has _313a1S S3W10H - --- - - -- �, r �•.%lob1 t � I 1 N 1 11 '� 1 1 =� io r �j • I tw Alf , r n., 5y_ i a , ___�.,.; ,� � '. �fir. : �--�" ��' ��_�►rr.�----, � /,, � \\_i _ �11 ` _ _ t i ' s iii• :. 1*4 i j 1 1 t r v A .r. • j,a3SOdOUd I � -:NISVS NIVW �������• DETAILED ESTIMATE Pipe No. Description Quant Units Price Total Cumulative Total B. 1 33" RCP 380 FT $45. 00 $17. 100. 00 LP Catch Basin 3 EA $900.00 2,700. 00 18" Catch Basin Leads 50 LF $23.00 1 , 150. 00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100.00 1 , 100. 00 SUBTOTAL $26070. 50 $26,070.50 10% Const.Contingency 2,607.50 2j607.50 $28,678. 00 $28,678.00 25% Tech/Adm. Services 7, 170. 00 7, 170.00 TOTAL $35,848. 00 $35,848.00 B.2 30" RCP 360 FT $42. 00 $15,960.00 LP Catch Basin 2 EA $900. 00 1 ,800. 00 18" Catch Basin Leads 50 LF $23. 00 1 , 150. 00 Restoration 430 LF $9. 35 4,020.50 Manhole i EA $1 , 100.00 1 , 100. 00 SUBTOTAL $24,030.50 $50, 101.00 10% Const.Contingency 2,403.50 5,011.00 $26,434. 00 $55, 112.00 25% Tech/Adm. Services 6,609. 00 13,779.00 TOTAL $33,043.00 $68,891 .00 B.3 27" RCP 380 FT $37. 00 $14,060.00 LP Catch Basin 1 EA $900.00 900.00 18" Catch Basin Leads 25 LF $23.00 575. 00 Restoration 405 LF $9.35 3,786.75 Manhole 1 EA $1 , 1.00.00 1 , 100.00 San.Sew.SVC Replacement 4 EA $1 ,400.00 5,600. 00 SUBTOTAL $26,021. 75 $76, 122.75 10% Const. Contingency 1602.25 71613.25 $28.624. 00 $83,736.00 25% Tech/Adm. Services 7, 156. 00 20,935.00 TOTAL $35,780. 00 $104,671 .00 B.4 24" RCP 380 FT $30. 00 $11 ,400.00 LP Catch Basin 2 EA $900. 00 1 ,800. 00 18" Catch Basin Leads 50 LF $23. 00 1 , 150.00 Restoration 430 LF $9.35 43020. 50 Manhole 1 EA $1 , 100.00 1, 100.00 San. Sew. SVC Replacement 2 EA $11400. 00 2,800. 00 SUBTOTAL $221270. 50 $98,393.25 10% Const. Contingency 2,227. 50 9,840. 75 $24,498. 00 $108,234.00 J 25% Tech/Adm. Services 6, 125. 00 27,060. 00 / TOTAL $30,623. 00 $135,294. 00 18 Pipe No. Description Quant Units Price Total Cumulative Total B.5 21 " RCP 380 FT $24.00 $9,120.00 LP Catch Basin 2 EA $900.00 11800.00 18" Catch Basin Leads 50 LF $23.00 1 , 150. 00 Restoration 430 LF $9. 35 4,020.50 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $17, 190. 50 $115,503. 75 10i: Const. Contingency 1 ,719.50 11 ,560.25 25 $18,910.00 $127, 144. 00 '1. Tech/Adm. Services 4,728. 00 31 ,708. 00 TOTAL $23,638. 00 $158,932.00 B.6 21 " RCP 380 FT $24.00 $9, 120. 00 LP Catch Basin 2 EA $900. 00 1 ,800.00 18" Catch Basin Leads 50 LF $23.00 1 , 150. 00 Restoration 430 LF $9.35 4,020. 50 Manhole 1 EA $1 , 100. 00 1 , 100.00 San. Sew- SVC Replacement 5 EA $1 ,400.00 7,000. 00 10% Const. Contingency SUBTOTAL $24, 190.50 $139,774.25 2,419. 50 13,979.75 25% Tech/Adm. Services $26,610.00 $153,754.00 6,653.00 38,441.00 TOTAL $33,263.00 $192, 195.00 B. 7 18" RCP 380 FT $23.00 $8,_ 740.00 LP Catch Basin 2 EA $900.00 1 'e00.00 18" Catch basin Leads 44 LF $23.00 1 ,012. 00 Restoration 424 LF $9. 35 3,964.40 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $16,616.40 $156,390.65 10% Const. Contingency 1 ,661.60 15,641.35 25% Tech/Adm. Services $18,278.00 $172,032.00 4070.00 43,011.00 TOTAL $22,848.00 $2151043. 00 C. 1 45" x 73" RCAF 395 FT $115. 00 $45,425.00 LP Catch basin 9EA $900. 00 -.3,; 0, 100.00 3. Catch Basin Leads 50 LF $45.00 2,250.00 Restoration 445 LF $9.35 4, 160. 75 Manhole 1 EA $1 , 100.00 1 , 100. 00 SUBTOTAL 361 ,0335. 75 $61 ,035. 75 10% Const. Contingency 6, 103.25 �6, 103.2._ , 25% $67, 139. 00 $67, 139.00 2J r. Tech/Adm. Services 16,785.00 16,785.00 TOTAL $831924.00 $83,924. 00 C.2 36" RCP 230 FT $50. 00 $11 ,500. 00 Restoration 230 LF $9. 35 i � Manhole '', .50.50 1 EA $1 , 100. 00 1 , 100.00 SUBTOTAL $14,750.50 #75,786. 25 10:: Const. Contingency 1 ,475.50 71578. 75 $16,226. 00 $83,365. 00 25i: Tech/Adm. Services 41057.00 20,842. 00 TOTAL $20,283. 00 $104,207. 00 19 Ripe No. Description Quant: Units Price Total Cumulative Total C.3 42" RCP 380 FT $65.00 $24,700.00 LP Catch Basin 3 EA $500. 00 21700. 00 18" Catch Basin Leads 50 LF $23. 00 1450.00 Restoration 430 LF $9.35 4,020. 50 Manhole 1 EA #1 , 100. 00 1 , 100. 00 SUBTOTAL $33,670.50 $1091456.75 10% Const. Contingency 3,367. 50 10,946.25 $37,038.00 $120,403.00 25% Tech/Adm. Services 9,260. 00 30, 102.00 TOTAL $46,298. 00 $150,505.00 C. 4 36" RCP 360 FT $50. 00 $19,000. 00 LR Catch Basin 2 EA $900. 00 1 ,800. 00 18" Catch Basin Leads 50 LF $23. 00 1 , 150.00 Restoration 430 LF $9.35 4,020. 50 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $27,070. 50 $136,527.25 10% Const.Contingency 2,707. 50 13,653.75 $29,778.00 $150, 181 . 00 257. Tech/Adm. Services 71445.00 37,547.00 TOTAL $37,223.00 $187,728. 00 C. 5 24" RCP 380 FT $30. 00 $11 ,400. 00 LR Catch Basin 3 EA $900.00 2, 700.00 18" Catch Basin Leads 50 LF $23. 00 1 , 150. 00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100. 00 11100.00 SUBTOTAL $20,370.50 $156,897.75 Iii% Const. Contingency 21037. 50 15.691 . 25 $22,408. 00 $1721589. 00 251 Tech/Adm. Services 5,602. 00 431149.00 TOTAL $28,010. 00 $215,738.00 C. 6 18" RCF 380 FT $23. 00 $8,740.00 ' LP Catch Basin 1 EA $900. 00 900. 00 18" Catch Basin Leads 25 LF $23. 00 575. 00 Restoration 405 LF $9.35 3,786.75 Manhole 1 EA $1 , 100. 00 1 , 100. 00 SUBTOTAL $15, 101. 75 $171 ,999.50 10% Const. Contingency 1 ,510.25 17,201. 50 $16,612.00 $189,201.00 25% Tech/Adm. Services 4, 153.00 47,302. 00 TOTAL $20, 765. 00 $236,503. 00 C.7 24" RCP 380 FT $30. 00 $11 ,400. 00 LP Catch Basin 4 EA $900. 00 3,600. 00 18" Catch Basin Leads 44 LF $23. 00 1 ,012. 00 Restoration 424 LF $9. 35 3,964. 40 Manhole 1 EA $1 , 100. 00 1 , 100. 00 SUBTOTAL $21 ,076.40 $193,075.90 10% Const.Contingency 2, 107. 60 19,309. 10 _ $23. 184. 00 $2121305. 00 25 Tech/Adm. Services 51790. 00 53,098. 00 TOTAL $28, 900. 00 $265,483.00 20 Pipe No. Description Quant Units Price Total Cumulative Total D. 1 30" RCP 380 FT $42. 00 $15,960.00 LP Catch Basin 2 EA $900. 00 1 ,800.00 18" Catch Basin Leads 50 LF $23. 00 1 , 150.00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $24,030.50 $24,030.50 10% Const. Contingency 2,403.50 2,403.50 $26,434.00 $26,434.00 25% Tech/Adm. Services 6,609.00 6,609.00 TOTAL $33,043.00 $33,043.00 D.2 27" RCP 380 FT $37.00 $14,060.00 LP Catch Basin 2 EA $900.00 1 ,800.00 16" Catch Basin Leads 50 LF $23.00 1 , 150.00 Restoration 430 LF $9.35 4,020.50 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $22, 130.50 $46, 161.00 10% Const.Contingency 2,213.50 41617.00 $24,344.00 $50,778.00 25% Tech/Adm. Services 6,086.00 12,695. 00 TOTAL $30,430.00 $63,473.00 D. 3 18" RCP 380 FT $23.00 $8,740.00 LP Catch Basin 3 EA $900.00 2,700.00 18" Catch Basin Leads 44 LF $23. 00 1 ,012.00 Restoration 424 LF $9.35 3,964.40 Manhole 1 EA $1 , 100. 00 1 , 100.00 SUBTOTAL $17,516.40 $63,677.40 10% Const.Contingency 1 ,751.60 6,368.60 $19,268.00 $70,046.00 25 Tech/Adm. Services 41817.00 17,512.00 TOTAL $24,085. 00 $07,550p. 00 E. 1 24" RCF 380 FT $30. 00 $11 ,400.00 LP Catch Basin 4 EA $900. 00 3,600.00 16" Catch Basin Leads 50 LF $23.00 1 , 150. 00 Restoration 430 LF $9. 35 4,020.50 Manhole 1 EA $1 , 100. 00 1 , 100. 00 SUBTOTAL $21 ,270.50 $21 ,270.50 10% Const.Contingency 2, 127.50 2, 127.50 $23,398. 00 $23,398.00 25% Tech/Adm. Services 5,850. 00 5,850.00 TOTAL $29,248. 00 $29,248.00 F. 1 42" RCF 380 FT $65. 00 $24,700.00 LF Catch Basin 7 EA $900. 00 6,300.00 33" Catch Basin Leads 44 LF $45. 00 1 ,980.00 18" Catch Basin Leads Be LF $23. 00 2,024. 00 Restoration 512 LF $9. 35 4,787. 20 Manhole 1 EA $1 , 100.00 1 , 100.00 SUBTOTAL $40,891. 20 $40,691.20 10% Const.Contingency 4,i?88. 80 4,088. 80 $44,980. 00 $441980. 00 25% Tech/Adm. Services 111245.00 11 ,245. 00 TOTAL $561225. 00 $56,225. 00 21 Pipe No. Description Quant Units Price Total Cumulative Total G. 1 36" RCP 380 FT $50.00 $19,000.00 LP Catch Basin 4 EA $900. 00 3,600.00 18 Catch Basin Leads 50 LF $23. 00 1 , 150. 00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100. 00 1 , 100.00 San.Sew. SVC Replacement 4 EA $1 „400. 00 5,600. 00 OG SUBTOTAL $34,470.50 $34,470.50 10'!. Const.Contingency 3,447. 50 3,447,50 25% Tech/Adm, Services $37,910.00 $37,918. 009,480.00 9,480, 00 TOTAL $47,398. 00 $47,398.00 G.2 33" RCP 380 FT $45.00 $17, 100. 00 LP Catch Basin 6 EA $900. 00 5,400.00 21 Catch Basin Leads 50 LF $24. 00 1 ,200.00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100.00 1 , 100. 00 San. Sew. SVC Replacement 4 EA $1 ,400. 00 5,600. 00 SUBTOTAL $34,420.50 $68,891. 00 10% Const. Contingency 3,442. 50+ 6,890.00 25% Tech/Adm. Services $37,663.00 $75,781. 009,466. 00 18,946.00 TOTAL $47,329. 00 $94,727.00 6.3 44" RCAP 380 FT $75. 00 $28,500.00 LP Catch Basin 2 EA $900. 00 1000.00 18" Catch Basin Leads 50 LF $23.00 1 , 150.00 Restoration 430 LF $9.35 4,020.50 Manhole 1 EA $1 , 100. 00 1 , 100. 00 San. Sew. SVC Replacement 4 EA $1 ,400. 00 5,600.00 SUBTOTAL $42, 170. 50 $111 ,061.50 10% Const. Contingency 41217. 50 11 , 107. 50 $46,386. 00 $122, 169. 00 25% Tech/Adm. Services 111597. 00 30,543.00 TOTAL $5/ ,985. 00 $152,712. 00 G.4 44" RCAP 360 FT $75. 00 928,500. 00 LP Catch Basin 2 EA $900. 00 1 .800. 00 18" Catch Basin Leads 50 LF $23. 00 1 , 150. 00 Restoration 430 LF $9. 35 4,020. 50 Manhole 1 EA $1 , 100. 00 1 , 100. 00 San. Sew. SVC Replacement 5 EA $1 ,400. 00 7,000. 00 SUBTOTAL $43,570. 50 $154,632.00 10% Const. Contingency 4 ,357. 50 15,465.00 $47, 928. 00 $170,097. 00 25% TechlAdm. Services 11 ,982. 00 42,525.00 TOTAL $59,910.00 $212,622.00 22 Pipe No. Description Quant Units Price Total Cumulative Total G.5 24" RCF 572 FT $30.00 $17, 160. 00 LF Catch Basin 4 EA $900.00 3,600.00 18" Catch Basin Leads 50 LF $23.00 11150. 00 Restoration 622 LF $9.35 5,815. 70 Manhole 2 EA $1 , 100.00 2, San.Sew. SVC Replacement 200.00 p � EA $1 ,400.00 71000.00 SUBTOTAL $36,925. 70 $191 ,557.70 iG% Const.Contingency 3,692.30 19, 157. 30 Tech/Adm. Services 25 $40,618.00 $210,715.00 _,,/. 10, 155.00 52,680.00 TOTAL $50,773.00 $263,395.00 G. 4. 1 36" RCAF 380 FT $55. 00 $20,900. 00 LP Catch Basin 4 EA $900. 00 18" Catch Basin Leads 50 LF x, .00 $23. 00 1 , 150150.00 Restoration 430 LF $9.35 4,020.50 Manhole 1 EA $1 , 100. 00 1 , 100. 00 San. Sew.SVC Replacement 3 EA $1 ,400. 00 4,200.00 SUBTOTAL $34,970. 50 $34,970.50 10% Const.Contingency 31497. 50 3,497.50 Tech/Adm. Services 25 $38,468. 00 $38,468.00 ��/. 9,617. 00 9,617.00 TOTAL $48,085. 00 $48,085. 00 H. 1 42" RCF 380 FT $65. 00 $24,700.00 LP Catch Basin 5 EA $900. 00 4,500.00 18" Catch Basin Leads 20 LF $23.00 460.00 21 " Catch Basin Leads 20 LF $24. 00 480.00 Rock: Excavation 710 CY $30. 00 211300. 00 Restoration 420 LF $9. 35 3,927. 00 Manhole 1 EA $11100. 00 1 , 100.00 SUBTOTAL $31 ,767. 00 $31 ,767.00 1U% Const.Contingency 3, 177.00 3, 177. 00 $34,944.00 $34,944.00 25'1. Tech/Adm. Services 8,736.00 8,736.00 TOTAL $43,680.00 $43,680.00 H.2 33" RCP 380 FT $45100 $17, 100.00 LP Catch Basin 4 EA $900. 00 31600.00 18" Catch Basin Leads 40 LF $23. 00 920.00 Rock: Excavation 540 CY $30. 00 16,200.00 Restoration 420 LF $9.35 3,927. 00 Manhole 1 EA $1 , 100.00 1 , 100. 00 SUBTOTAL $42,847.00 $74,614. 00 1G;: Const. Contingency 4,285.00 7,462. 00 25% $47, 132. 00 $82,076. 00 r. Tech/Adm. Services 11 ,783. 00 20,519. 00 TOTAL $58,915.00 $102,595. 00 23 Pipe No. Description Quant: Units Price Total Cumulative Total H.3 24"RCP 380 FT $30. 00 11 ,400. 00 LP Catch Basin 3 EA $900. 00 1:2.700. 00 16" Catch Basin Leads 40 LF $23. 00 920. 00 Rock Excavation 450 CY $30. 00 13,500. 00 Restoration 420 LF $9. 35 3,927. 00 Manhole 1 EA $1 , 100. 00 1 , 100. 00 SUBTOTAL $33,547.00 $108, 161.00 10% Const.Contingency 3,355.00 10,847.00 $36,902.00 $118,978.00 25% Tech/Adm. Services 9,226.00 29,745.00 TOTAL $46, 128. 00 $148,723.00 I. LP Catch Basin 17 EA $900.00 05,300. 00 18" Catch Basin Leads 280 LF $23. 00 6,440. 00 21" Catch Basin Leads 112 LF $24. 00 2,688. 00 Rock Excavation 30 CY $30. 00 900. 00 Restoration 280 LF $9.35 2,618. 00 SUBTOTAL $27,946.00 $279946.00 2,795.00 $2,795.00 $30,741. 00 $30,741 . 00 7,685.00 $7,685.00 TOTAL $38,426. 00 $38,426. 00 Subtotal All Construction $837,940.85 10% Construction Contingency 83,802. 15 Total Construction Cost $921 ,743.00 251 Technical and Administrative Cost 2301443.00 TOTAL PROJECT COST (TPC) $1 , 152, 186. 00 24 APPENDIX CONTENTS DESCRIPTION Page No. Holmes Street Basin Laterals Proposed Drainage Basin A-1 Design Calculations A-2 thru A-14 City of Roseville Packet A-15 thru A-33. '/ ol � ..r �i�►r� OWN /,.rte• _ ,-_ - -r t -- - --- :� -n n � � 1 i In Ch Abl .. � allG7 t t� ` nom ; *►.r�►ri�ii \ ' m z D � Cl) z T 3 �� � rrji,�r►t cu D FAOV is / d Q.5. G) 3.7 U3 i 1 1 I E a> z 1 y �. 2 1 ±► - AWAWAW AOF OU cn 77 Did 'AWw ) in y F�� ... .•C r . 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GI eN �, A-13 I E i aY II I I i I t� _ 1 �I I NI i � m �^ O o r„ CV) n'1 Qn(�OD M r� I 1 M I I I p v 4 F1-W�MIX 11Zo �� � " 1111 ! ! I ! ay � IIE 111 � , per � SK rE ! 1 1 i � - � 1 IM I rK Ifzof 6I of I I I I I I r,I J - u. G cr—o 1 c E r A-14 CITY OF ROSEVILL- ORDINANCE NO. G AN ORDINANCE ADDING CHAPTER 74 TO THE CITY CODE OF THE CITY OF ROSEVILLE ESTABLISHING A STORM WATER DRAINAGE UTILITY. The City Council of the City of Roseville does hereby ordain: I. The City Code of the City of Roseville is amended by adding a new Chapter 74 , to read as follows: 74 . STORM WATER DRAINAGE UTILITY 74 .010 . Storm Water Drainage Utility Established. The municipal storm sewer system shall be operated as a public utility pursuant to Minn. Stat. Section 444 .075 from which revenues will be derived subject to the provisions of this Cha?ter and Minnesota statutes . The storm water drainage utility will be part of the public works department and under the administration of the public works director. 74 .020 . Definitions . (1) Residential equivalent factor, (FEF) - One (1) REF is deli.nea as the ratiooc the average volume of runoff generated by one (1) acre of a given land use to the average volume of runoff generated by one (1) acre of typical single family residential land, during a standard one (1) year rainfall event. 74 .030 . Storm Water Drainage Fees.. Storm water drainage fees for Darcels 01 Banc snap be determined by multiplying the REF for a parcel ' s land use by the parcel 's acreage and then multiplying the resulting product by the stcrm water drainage rate. The REF values for various land uses are as follows : CLASSIFICATION LAND USES R_F- l Cemeteries , golf courses 0 .25 2 Parks with parking facilities 0 . 75 3 Single family and duplex residential 1.00 4 Public anc.'l private schools , co:,-nun_ty center 1 .25 5 Multiple family residential, churches and Governmental nCs 2. 50 A-15 6 Commercial, industrial, warehouse 5.00 7 Improved vacant as assigned For the purpose of calculating storm water drainage fees , all developed one family andparcels shall be considered to duplex have an acreage of one-tr.ird (1/3) acre. %nc ,11.a,r_- 7J�L4­ be r/3.eo Pe. Gaa.tiri 'Pir /!Tr Rcpt . 74 .040 . Credits . The Council may adopt policies recommended by the public worxs director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydrologic data to be supplied by property owners , which data demonstrates a hydrologic response substantially different from the standards . Such adjustments of storm water drainage fees shall not be made retroactively. 74 . 050. Exemptions . The following land uses are exempt from storm water drainage fees . (a) Public Rights of way. (b) Vacant, unimproved land with ground cover. 74 .060 . . Payment of Fee. Statements for storm water drainage fee shall be computea every three (3) months and invoiced by the finance department for each account on or about the fifth (5th) day of the month following the quarter. Such statement shall be due on or before the last day of the month in which the statement is mailed. Any prepayment or overpayment of charges shall be re- tained by the City and applied against subsequent quarterly fees . 74 .070 . Recalculation of Fee. if a property owner or person responsible nor paying the storm water drainage fee questions _ the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the public works director made within twelve (12) months of mailing of the invoice in question by the City. 74 .080 . Penalty for Late Payment. Each quarterly billing for storm water drainage zees not paid when due shall incur a penalty charge of ten percent (100) of the amount past due. 7-4 . 09.0 . Certification of Past Due Fees or. Taxes . Any past due storm water cra_nage fees in excess c_ n_nety (90) days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pur- suant to Minn. Stat. Section 444 .075, Subdivision 3 . In addition, the City shall also have the right to bring a civil action or to take other legal remedies to co' lect unpaid fees. ii This Ordinance shall be in full force and effect from and aster its passage and publicaticn.. A-16 PASSED by the City Council of the City of Roseville this Y, day of U J ATTEST: i,iayor rianaQe� i A-17 CITY POLICY TITLE Credits and/or adjustments of municipal storm water drainage fees . BACKGROUND STATEMENT The municipal storm water drainage utility utilizes a fee structure based on the anticipated relative contribution of storm drainage runoff volumes to the storm water drainage system. A parcels contri- bution is determined by that parcels size and its land use, under the principal that more intensively developed land uses typically have a larger percentage of impervious surface and contribute a much great- er volume of water and/qr sediment/nutrient loadings to the system. .It is recognized that some parcels, due either to their unique topo- graphic, vegetative, geologic and other characteristics, or the exis- _ tance and maintenance of onsite storm drainage control, detention, or retention facilities have a hydrologic and sediment/nutrient loading response substantially different from that of similarly sized parcels of the same land use. To provide for an equitable assessment of storm drainage fees , based on reasonably expected contribution of flows and sediment/nutrients , provisions need to be made to permit adjustments or credits to the storm drainage fees for those parcels with unique or unusual charac- teristics. POLICY STATEMENT The basis of the City of Roseville's storm water drainage fees is the anticipated relative contribution of storm water volumes and sediment/ nutrient loadings to the storm drainage system from a given parcel. Where unique or unusual conditions exist where the actual contribu- tions of water volume and sediment./nutrient loadings from a given parcel are substantially different form those anticipated by the storm drainage fee structure, the public works director or his designate may adjust or credit the storm drainage fee for said parcel to an appro- priate level in accordance with the guide lines specified herein. PROCEDURE STATEMENT (1) Property Owner to Provide Detailed Information It is the responsibility of the property owner or his agent to ~ present to the public works director or his designate, sufficient in- formation concerning a parcels hydrologic characteristics to per^lit an accurate assessment of the conditions that exist. This informa- tion may include, but is not limited to: A. Site plan showing locations of all buildings anc ot:^__ development relative to lot lines . B. The total lot area and area of inpervio.us surfaces . C. Site topography or contours of sufficient detail to ascer- tain flow directions , rates and volumes . � D. Size, details and/or volumetric characteristics of a_^.v drainage control facilities . A-18 E. Hydraulic calculations specifying outflow volumes and rates for various rainfall events. (2) Adjustments T'.here Parcel Runoff Is Significantly Different From Land Use Standard Were the unit runoff generated by a parcel differs from the assigned amount for that land use catagory by more than 20%, the P.W.D. may -adjust the parcels storm water drainage fee in accor- dance with the following procedure: a. Calculation of unit runoff for the parcel shall be deter- mined by the methods outlined in the Soil Conservation Service Technical Release No. 55 , utilizing a 2'' total rainfall amount and antecedant moisture condition II. b. If calculated unit runoff is shown to differ from the assigned amount for that land use catagory by 200 or more, the number of assigned REU's for that parcel shall be adjusted by multiplying by the ratio of the calculated -- unit runoff to the standard unit runoff. c. A parcels storm water drainage fee shall be subject to increases as well as decreases by this procedure. d. Because single family and duplex fees are not based upon actual parcel acreage, no adjustments for unit runoff dif- ferences will be made for those land uses . (3) Procedure for Calcualtion of Credits for Wet Ponds A parcel may be credited for up to fifty (50%) percent of the, storm water drainage fee for onsite measures which are owned and maintained by the applicant which effectively reduce the outflow of sediment/nutrients from the site. Credit percentage mall be based on one-half of the actual percentage of sediment removal efficiency , as determines by the following procedure, rounded to the nearest 50; except that no credit will be given for sediment removal efficiencies of less than 20%. A. Calculation of Credits for Wet Ponds a. Determine total site acreage and percent of site that has an improved or impervious surface. b. Calculate the annual depth of runoff from the following equation: Dr = P ( . 75 Im=. 15) -5. 234 ( .25-.18875 _ ) • 597 ,'here D = annual depth of runoff in inches . I m = percent of site i*:pervicus -area, expressed as a dec.,L al. P = annual depth of precipitation = 29 inches . C. Calculate annual volume of runoff in acre-feet: Vannual = site acreage x Dr/ 12 d. Determine pond Capacity below outlet elevation in acre-feet. e. Calculate capacity inflow ratio (C_R) where : CIR = pcnding`CapaC1ty / `' annual f. Read sediment removal al of' c i en A-19 Aft '00 ,or Jz ao W U � i � so a,— LL i A-4 W J O eol i W 0: N2G� IC CAPACITY INFLOW RATIO , acre-tt/acre-f t/yr 0.00, 0.002 Ot 0.01 0.02 0.03 O.1 0.2 0.5 1.0 2.0 5.0 10 BRUNETS TRAP EFFICIENCY CURVE g. Credit = o sediment removal efficiency/2 x storm drainage fee. (4) Credits for Storm 1•7ater Detention: A parcel may be credited for up to 25% of the storm water drain- age fee for onsite measures which limit storm water outflow rates from the site in accordance with the following procedure: a. 2.0% credit for I arcels which J.init teak Outflow rates during a 5-year rainfall event to predevelopment rates. b. Additional 150- credit for parcels which limit peak outflow rates during a 100-year rainfall event to predevelopment rates . (Based on the rational method cf runoff analysis . Predevelcp- ment condition shall be consider-ed to have a _rational "C" value of 0 .2 . Time of concentration shall be no shorter than 30 :pin. ) C. No detention credits will be given for parcels which do not limit 5-year event outflow rates to predevelopment levels . (5) Credits Shown in (3) and (4) Above ?lav be Cu.'nulative. (6) Periodic Inspection and Credit Adjustments . _N Public Works Director reserves the richt to inspect periodically all storm drainage control facilities to ascertain that they are operat- ing properly. If such a system, due to improper mai..^.terance or other reason, fails to detain or cleanse storm water runoff in an effective manner, the director may eliminate or reduce water quality or detention credits to an appropriate level. Any such =" =acil_ty shall not be el Bible to apply _ p_ y nor storm drainage fee adjustments for a period of 12 months following any credit adjustment. Credit adjustments shall not be made retroactively. The issuance of any building permit or other action which changes or in- tensifies an existing land use shall be cause for an adjustment of storm water drainage fees to an appropriate level. AUTHOR? Section. 130. 7/4 of the Roseville Ci}v Code. A-20 PUBLIC WORKS PROCEDURE STORM DRAINAGE CREDITS March 27, 1984 BACKGROUND In January of 1984, the Roseville Council adopted a storm drainage utility, together with city policy allowing for adjustments or credits to storm drainage fees. The following procedure shall be used to calculate these credits to assure consistant application to all situ ations. CREDITS A. LAJND USE INTENSITY CREDITS 1. Criteria: When unit runoff generated by a parcel differs from the assigned amount by more than` 20o, parcel drainage fee is to be adjusted to reflect actual runoff. 2. Required information by applicant: a) Complete site plan. b) Site area and percentage of "improved" surface. 3. Calculate Procedure: a) Calculate unit runoff by SCSS method; using actual percent improved surface, 2" rainfall, Soil Group "B", Anticedent Moisture Condition II. b) Compare with "Standard" Unit Runoff. Land Use "Standard" 2" Runoff Single family .2411 Cemeteries & golf courses .091, Developed parks .181, Schools $ community centers .301, Multiple & churches .56" Commercial/industrial 1.24" c) If calculated unit runoff differs from standard by 200 or more, ad- just parcels REU value by ratio of actual unit runoff to standard - unit runoff. 4. Exceptions: a) No adjustments to single family parcels, as their fees do not depend on lot size or intensity. b) For parcels with drainage easements, reduce parcel size to non-ease- nent area, then calculate unit runoff. B. Rate of Discharge Credits 1. Criteria-- 1'7hen peak runoff from site is limited to pre-development levels by on-site facilities owned and maintained by property owner, up to 250 reduction in drainage fee can be granted. 2. Required information by applicant: a) Complete site plan. b) Area of site draining to each outlet point. c) % improved surface draining to each outlet point. d) Specific details about outlet facility(s) . e) Calculation of peak outflow rate for 5-year and 100-year design rain- fall, using mocified rational method with tc of 30 min. or more. A-21 0ceCG::rc a) Divide site into areas which drain to each drainage outlet. b) Select design rainfall. c) Route rainfall through pond using modified rational r.:ethod. choose tc at least 50 min. , and use "C" Value fro^ Rossmiilers Equation Graph. Determine peak outflow rate by sumrung all areas . d) Check other rainfall events to determine "worst" case. e) Calculate pre-development rates for parcel using "C"=.20 and assum- ing no on-site retention. f) If peak 5-year outflow less than predevelopment--100 credit. If peak 100-year outflow less than predevelopment--additional 150 credit. 4. Exceptions, Special Cases. a) Off-site water drains to outlet--owner has right to drain this water through his site without detention. Grant credits if he provides sufficient control for his portion of the total flow. (This will require applicant to provide information about watershed beyond his parcel) . b) Outlet facility owned by city or others--No Credits. (See Criteria B-11) C) Shared Ponding Situation: All ponds have an outlet. If outlet is on another's land, no credits (as in b) above) , except if the pond level is normally below outlet, (requires historic documentation) . In _ this case, if no overflow occurs in a 5-year event, parcel gets 100 credit. If no overflow occurs in 100-year event, additional 15' credi- C. Water Quality Credits 1. Criteria: When a parcel provides on-site treatment facilities which function to improve the quality of runoff exiting the site, up to 50% of the drainage — fee may be credited depending of treatment effectiveness. 2. Required information by applicant: a) l; g) Calculate total site efficiency by proportioning the efficiency of each area, and adding together. h) Calculate credit: Credit=site efficiency/2 x RGU value x current rate. .4. Exceptions and special cases. a) Off-site water drains to treatment area-- Ignore effects of off-site water in calculating pond efficiency. b) Parcel shares ponding facility. If parcel has water normally ponded on site, calculate volume of pond on that site below outfall. Then calculate credit per normal proceaure. D. Other Credits + Where, in the opinion of the staff, the above procedures do not result in an appro- priate storm drainage charge, the Public Works Director has the authority to make adjustments consistant with the intent of the storm drainage utility. AUTHORITY Drainage, Chapter 74, Storm Water Drainage Utility, adopted January, 1984. City Policy, Credits and/oT adjustments to municipal stoT+n Water dninage fee-- adopted January, 1984. A-23 ST=-- ;;nl'ER 1=1: _ TYPICAL IMPERVIOUS % I . RESIDENTIAL: Typical lot and house .. Impervious : House 1690 Drive 900 Patio, Deck, sidewalks 300 2,890 sa.tt. Total area: .. 11,475 % Imp.= 2890/11,475 = 25 . 18% 250 II. MULTIPLE FAMILY Lot Area Improved % Location SQ. ft. Area 1-=roved Roseville Estates 2735-2855 Rice 988,000 438,000 440 Ramsey Square 2710 Co. I2d. C 422,000 223,000 53% Westwood Village III 395-477 Oc.Rd.0 220,000 110,000 50% 405 Terrace Dr. 45,900 28,500 620 1370 Terrace Dr. 137,000 69,000 51% 1714 marion St. 63,800 44,000 69% 175 54,000 27,700 51% 2220 Co. Rd. B 425,0001 201,000= 47% Mean = 53% = 50% III. COILR?rRCI:L Location Lot Area Ir roved % Acres Area Irraroved El Torito 1925 Z;. Perimeter 1.43 .25 83° 0 Rosedale Towers 1700 1%. T_-?. 36 4.62 4.12 8S M & M Office 1611 Co. Rd. B 2.88 2.03 70 Lexingto:-, Plaza 1700-� Lex=na=cre 6.54 6.54 100 P--seville E-icp. ctr. 1150- Lar-pe^.te, - 4.96 4.75 96 DUrcpe_an rye alta Sx 2525 Srellin� 1.67 1.5 80 Ind Lobster 2330 Prior Ave. 1.85 1.53 83 85.8 855 A-24 IV. INDUSTRIAL Area IrprVd $ Location Acres Area Droved Garrett Freightline 2845 Cleveland 14.3 1.2.5 870 Nielson Warehouse 2281 Co. Rd. C 6.65 5.4 81 Warehouse 1975 Co. Rd. B2 4.42 3.78 86 Warehouse 2250 Terminal 3.32 2.92 88 Truck Terminal 1717 Co. Rd. C 11.3 10.2 90 86% = 850 SCIiOOLS, LIBRARY & MISC. PUBLIC Fairview Sr. Ctr. 1910 Fairview 18.8 5.6 300 916 VoTec (Lex. flea..) 2151 N. Lexington 8.54 2.3 27 Parkview Jr. III Co. Rd. B & Dale 26.8 5.7 21 Group W (Lk Owasso) Victoria & Woodhill 7.55 2.4 32 U.S. Army (Lk.YcCarron) 211 No. McCarro^.s 9.0 2.15 24 I4M CcIIrrten Scool (R.Feeder) 2800 E.Snelling Rd. 13.26 2.5 19 Central Park Elam. 535 Cc.Rd. B-2 9.51 3.17 33.3 Ramsey Hi School 1250 Cb.Rd. B-2 36.71 13.1 36 2 i.75 30 0 GOVERNMENT BUILDINGS Ramsey County Library Co. Rd. B & Harmine 65% Paseville Civic Center 2660 Civic Ctr ..Dr. 19.49 12.5 (Hall, arena, garage, :-ec) Gess road) - .85 60 11.7 62.5% 60% CHURCHES No. Hgts . Lutheran 2701 Rice (w/school) 11.5 5.51 480 Roseville Covenant N[9 C0 "C"& Ha*n Lie 2.1 1.4 67 Advent Luthexn F.arnl ine & Jos. Rd. 5.0 2.3 46 St. Cjhristcnher Dpiscop. 2300 Hamlin 4.43 2.5 56 Prince o5 Peace 2561 Victoria 5.3 2.0 38 Kim- of Kings Dale & Tri. 365.0 1.2 24 Rosetown Lutheran 1946 Fernwood 3.33 2.5 75 50.50 = 500 A-25 PARKS Developed* Location Area Imp;'vd o Acres ;,--ea Pc. I=roved Bruce Russell 1350 Ibodhill Dr. 4.39 0.7 16c- Autumn 60Autumn Grove Hamlin & Lydia 6.65 0.85 13 McCarrons Beach McCarron Lk. (Rice) 10.81 1.9 17 Sand Castle 3060 Old Hwy 8 2.4= 0.54 22 Rosebrook 2575 Snelling (& "C") 8.25 0.9 11 15.8% = 15% CEME=IIES, GOLF CCU=-S Cedazholm Mcpl. Golf 2323 Hariline (TH.36) 25.8 0.75 30 Midland Mills Golf 2001 Fulham 160.93 3.5 2 R:)selawn Cem Lary rap. & Victoria 75.0 5.0 6 - 400- A-26 0-A-26 1/26/84 STORM WATER UTILITY RUNOFF FACTORS SCSS "Standard" Runoff* Storm Water Catagory Type o Civ 2" Rain Factor Land Use Itr)ervious (Soil "B") R.uzoff (Ror-ined) Fesidential 250 70 .24 1 Multiple 50 80 .56 2.5 Cam-e-rci.al 85 92 1.24 5 Industrial 85 92 1.24 5 Schools 30 72 .30 1.25 Churches/Govt 50 80 .56 2.5 Developed Parks 15 67 .18 .75 C-metaries, Golf C. 4 62 .09 .25 *Multiple of-typical residential rmoff A-27 When Roseville plans to use a "neve" technique to pay for the costs of managing storm water runoff - - a Storm Drainage Utility. This leaflet is prepared _ A rains to introduce you to this new utility and answer your questions. Questions ??? & Answers!!! Vhyd`oo we have a storm drainage system? What is a storm important to control the storm drainage utility? water. Storm drainage facilities had to be built, maintained and A storm drainage utility is renewed in order to: similar to the familiar sanitary • PROTECT PEOPLE sewer utility. The fee is based on • PROTECT PROPERTY the amount of water that is discharged Before people settled in Rose- • REDUCE INSURANCE RISKS into the system. For instance, a ie, the natural state the land • IMPROVE PROPERTY parking lot creates more runoff s rolling prairie covered with VALUES than a grass area the same size, so ass and trees.When it rained,the 0 ENHANCE��THE it pays a higher rate. Similarly, :ter soaked into the ground or ENVIRONMENT a large parcel creates more runoff 'wed naturally to the rivers and than a small parcel, so it too pays a -earns. When people came to • PROVIDE FOR SAFE higher amount. In this way, the )seville,they built homes,stores, TRAFFIC FLOW citizens of Roseville will pay for -ices, churches, and paved the To control storm waters and the management of storm water in ,d with streets,parking lots,and receive these- benefits, there is a proportion to the amount of water iveways.Now,when it rains,they cost. The proposed storm drainage they"contribute",not on the value of Bund cannot absorb the water as utility will spread these costs to their property. lily, and more water flows off. those who "create" the storm ` As the development of the land water runoff. ntinued, it became increasingly 'hy is a utility needed? What's my share of the costs? recent State legislation now re- The expected quarterly fees in 1984 to various types of properties are -es Roseville to take greater and shown below- lier actions to protect water Aity in our community than PROPERTY TYPE QUARTERLY RATES r before. These actions will Single Family Homes and Duplexes ...................... $4.3511ot .Ude forming two new water Cemeteries and Golf Courses .......................... 53.251acre ` nagement organizations and Parks and Parking Lots ................................ 59.75/acre eloping regional and local plans Schools and Community Centers ..................... S16.251acre dentify problems. Multiple Family 01acre Dwellings and Churches .............. 532.5 oday, storm water costs are CommerciallIndustrial 565.501acre for using general tax money Your storm drainage fee will be roperty taxes.These new costs, included on the same water and en combined with the nearly sewer bill you receive each quarter. '0,000 Roseville must spend for Also,your fee can be reduced if you oing storm drainage main- can demonstrate that your pro- ance each year, represents a perty has on site facilities which Dr expenditure of tax money. improve water quality or reduce its eville must find a way to meet outflow rate. -e rising costs in a fair and table manner, without adding ,ional burden to the property -o1is. A-28 What portion How will my money be used? of the costs 1) Money is needed to operate areaid and maintain the present storm p i�l drainage system.A large portion of by single familythe storm drainage fee will be used to: properties? 4f, • Enhance wetiands to clean storm Currently, nearly fifty percent water and retard fiows of the citywide costs of managing • Maintain existing storm facilities storm water are received through so they will operate properly for a longer period o/time. property taxes to single family 2) Roseville is a changing homeowners. Under a storm drain- g g com- • Replace existing storm facilities that munity, and planning for the have becomeunusabieoverthevears, age utility, the overall single family future as well as the resent is share is reduced to about twenty- p due to the natural deterioration, e�ctremely important. A storm rocess. five percent. That means the single drainage master plan will be deve- • p family share of storm. water costs is Sweep streets and pick up leaves, loped and kept up to date to cut in half with a utility. determine: so this material does not enter the Other more intensively deve- • Where changes or"pairs to existingsystem.. loped properties will assume an facilities need to be made. increased share of these costs due to the greater share of runoff they • Where and when future facilities create. Also, an additional ten per- will be needed. cent of total costs will now be paid • What should be done to protect the by tax exempt properties, who quality of water in our takes and usually pay no property taxes. streams. I want more information! The City Council plans to hold a public hearing on the Storm o� / / Drainage Utility on January 9, 1984 at 7:30 p.m. at City Hall.o e _ o You are invited to attend. Also,further information can be obtained ICV_ t by calling the Public Works Department at 484-3371. City of Roseville Sulk 2000 Civic Center Drive Rate Roseville, Minnesota 55113 PAID 5t. Paul, Minn. Permit 2437 A-29 Roseville has adopted a Storm Drainage Utility This January, the City Council established a storm drainage utility for the City of Roseville. Roseville residents will now be charged directly for their share of the community's drainage expenses, instead of paying for these costs through their property taxes. Charges begin the second quarter of 1984 ;he first charges for storm drainage will be included in your second quarter sewer and water statement. You will receive that statement in either April , May or June depending on your location. Thereafter, a storm drainage charge will always be included in your utility statement. 1984 Drainage Utility rates The drainage utility bases its charges on the amount of runoff created by a parcel . For that reason, several catagories of land uses and rates have been :-created to reflect differences in runoff created. (i .e. parking lots cause more runoff than grassy front yards) PROPERTY TYPE — Single ,Family Homes & Duplexes $ 4.35/lot Cemetaries & Golf Courses $ 3.25/acre Parks $ 9.75/acre Schools & Community Centers 516.25/acre Multiple Family & Churches $32.50/acre Commercial/Industrial $65.00/acre Credits for water control facilities Some owners in Roseville have constructed special facilities (like ponds) on their property to improve runoff water quality and/or retard its outflow rate. When these facilities are owned end maintained by the property owner, and when the owner can supply information that demonstrates that the facilities are _ effective, credits can be granted to reduce utility charges . If you think you qualify, you can pick up an application form in the Engineering Department at City Hall . Applications and required drawings and calculations must be filed with the City no later than March 26, 1984 to be eligible for credits to the initial storm sewer billing. FOR ADDITIONAL INFORMATION CALL THE ROSEVILLE ENGINEERING DEPARTMENT, 484-3371 � J A-30 RESOLUTION NO. 2372 A Resolution to Establish Angle Parking as Herein Setout WHEREAS, A request has been made to the Shakopee City Council to provide for angle parking on the East side of Fuller Street between the alley in Block 22 and the North line of Second Avenue, and WHEREAS, The Shakopee City Council has considered the application and has. investigated all matters brought to its attention and finds that the requested action would be appropriate at this time. THEREFORE, BE IT RESOLVED, : By the Shakopee City Council, that from and after the passage and publication hereof there be and hereby is. established angle .parking along the east side of South Fuller Street in the City of Shakopee between the alley in Block 22 and the North line of Second Avenue. BE IT FURTHER PROVIDED that the Shakopee City Police forthwith mark or sign post the above area that is provided by Section 9.06 of the Shakopee City Code. BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect from and after the passage and publication as provided by law. Passed in session of the Shakopee City Council this day of 1985. Mayor of the City of Shakopee ATTEST: City Clerk Pre ared and approved as to form this t day of February, 1985. Ju ius A. Coller, II, City Attorney C" cJULIUS A. COLLER, J U LIDS A.COLLER ATTORNEY AT L.AW 18 59-1940 612-445 1244 2 ' ' WEST FIRST AVENUE SHAHOPEE. MINNESOTA 55329 February 12, 1985 MEMO TO: Shakopee City Council FROM: Julius A. Coller, II, City Attorney IN RE: Angle parking - Fuller Street At the last meeting of the Shakopee City Council, I was directed to prepare whatever was necessary to provide for angle parking on the east side of Fuller Street between the alley in Block 22 and the north line of 2nd Avenue. The City Code does not need to be amended. Section 9.06 provides that angle parking can be established by resolution. Attached hereto is a proposed resolution to accomplish angle parking. Accrued 4-V Cumulative years of accrued liability and p thereof a pension amount of $100. 00 per year of service. f based on Tabulation shown below is based on Minnesota State Statutes 69 .771 , Subd . 2. f'Wmul „o PPa. 1 s _ K 60 3 190 124 60 62 5 260 63 6 410 .33 66 . 8 7 4 2 68 .33 9 576 70. 29 10 666 74 11 760 76 12 62 858 78 13 9070 80. 17 14 1184 82.31 15 1304 84 .57 16 86 . 93 17 11428 428 89.25 18 1698 91 .76 19 1844 °4 '33 20 2000 97 .05 21 & thereafter_ 100/ ear 100 y 100 Formula Divide projected assets to December 31 e liability ( � of full pension Of current a) per year by accrued to December 31 of current years of service projected Of pension Per year per firefighter to get year of service for current year . amount c�" / ( . 60, + 1 . 24b + 1 - 90c + 2 . 60d + 2 5 .76h + 6 .66i + 7 .60j + 8 .58k + � . 34e + 4 . 10f + 4 . 92g + + 14 . 28p + 15 . 60 +. 16 . 9 . 621 + 10.70m + 11 . 84n + 13 . 04o q 98r + 18 . 44s + 20t + 2 iu + 22v + 23w person per 25y year 2of service for 8cur eny�9 + 30ad ) = benefit per � year. ATTACHMENT A The Shakopee Fire Department Relief Association pension benefit l (lump sum per year of service ) for 1985 and 1986 shall be as provided for by the formula below with a $1 , 000 . 00 minimun and any increase in benefit over $1 , 000 shall be funded by Special Fund surpluses and not require a City contribution. The benefit for 1987 and thereafter shall be as provided by the formula and funded by Special Fund surpluses and an average City contribution of $5 , 000 per calendar year. When the benefit reaches $3 , 000 , any increase over the $3 , 000 shall be funded only by Special Fund surpluses and not require a City contribution. if, according to the formula , the benefit for a particular year would drop, the City would contribute funds needed to maintain the benefit level of the previous year and the total City contribution would be figured into the $5 , 000 per year averaging. Formul2 definations: At December 31 of each year the credited service shall be equal to: from 0 to 6 months = 0 years ; from 6 months to 1 - 1/2 years = 1 year; from 1-1/2 years to 2-1/2 years = 2 years ; etc. through 30 years of service. Let cP = projected assets to end of current year. Let a = persons with 1 year of service. Let b = persons with 2 -years of service. Let c = persons with 3 years of service. Let b = persons with 4 years of service. Let e = persons with 5 years of service . Let f = persons with 6 years of service . Let g = persons with 7 years of service . Let h = persons with 8 years of service Let i = persons with 9 years of service . Let j = persons with 10 years of service . Let k = persons with 11 years of service . Let 1 = persons with 12 years of service . Let m = persons with 13 years of service . Let n = persons with 14 years of service . Let o = persons with 15 years of service . Let p = persons with 16 years of service . Let q = persons with 17 years of service . Let r = persons with 18 years of service . Let - s = persons with 19 years of ser-ice . Let t = persons with 20 years of service . Let u = persons with 21 years of service . Let v = persons with 22 vears of service . Let w = persons with 23 vears of service . Let x = persons with P eh 24 years c_f se' v ., _ e . Let v = persons with 25 years of service . Let z = persons with 26 years cf service . Let as = Persons with 27 years of service . Let ab = persons with 28 years of service . Let ac = persons with 29 years of service . Let ad = Persons with 30 years cf service . Section 5 . No less than 30 days before becoming eligible to receive a jump Pension a l um sum member Of this association may make an irrevocable election that such pension shall be paid to him in a number of annual installments. f the member who has made such an election dies before all of his pension has been paid to him, any amount ;,hereof remaining unpaid at the time of his death shall be paid to his named beneficiary, and if no bene- ficiary has been named, to his surviving spouse , child or children , or estate. The association shall add interest , compounded annually, at the rate actually earned on the assets of the Special Fund , but not to exceed 5% per year, to the unpaid amount of installments owed to any member who has made an installment election , or to his survivors . Section 6. If a member shall have served for more than 10 years , but less than 20 years , as an active firefighter in the Shakopee Fire Department, he may retire from said Fire Department and be placed on the early vested pension roll . When he reaches the age of 50 years , and provided that at that time he has been a member of the association for at least 10 years , he shall upon application therefor, be paid in the following manner: (a) For active duty of more than 10 years but less than 11 years , 60% of the amount per year of service which would have been. earned, had the member served for 20 years or more; (b) For active duty of more than 11 years , but less than 20 years ; 4% of the amount per year of service which would have _ been earned, had the member served for 20 years or more, shall be added to all years of service for each additional year of service between 11 and 20 years . (c) During the time that any member is on the early vested pension roll , he shall continue to pay his dues , and he will not be eligible to receive any of the benefits provided for in Article DTII . pensions payable to memberson the early vested pension roll shall be based on the amount payable per year of service in effect at the time of such early retirement. ARTICLE V:1 DISrBILY BENE:'IT'S Section 1 . If a member of this association shall become totally and permanently disabled , to the extent that a physician or surgeon acceptable to the board of trustees shall certify that such disability will permanently prevent said member from performing his duties in the Shakopee Fire Department, the association shall pay to such member the amount as calculated by the formula provided in Attachment A, for each year that he served as an active member of the Shakopee Fire Department. If a member who has received such a disability pension should subsequently recover and return to active duty in the Shakopee Fire Department , any amount paid to him as a disability pension shall be deducted from his service pension. ARTICLE VIII DEATH BENEFITS AND PENSIONS Section 1 . Upon the death of any member of the association who is in good standing at the time of his death, the association shall pay to the surviving spouse , if any, and if there is no surviving spouse, to surviving child or children , if any, and if no child or children survive , to the estate of such deceased member, the amount as calculated by the formula provided in Attachment A, for each year that he served as an active member of the Shakopee Fire Department. Section 2. The association shall pay to each member who shall have served as an active firefighter in the Shakopee Fire Department for a period of 20 years or more prior to his resignation from said Fire Department, and who has reached the age of 50 years or more , and who has been a member of the association for at least 10 years, the amount as calculated by the formula provided in Attachment A, for each year that he served as an active member of said Fire Department. Section 3'. A member or the association who shall have served in the Shakopee Fire Department for at le2st 20 years, but has nct reached the age cf 50 years may retire from said _ = re Department and be placed on the deferred pension roll. When he reaches the age cf 50 years , and provided that at that time he has been a member of the association for at least 10 years , upon application therefore he shall be paid the amount as calculated by the formula provided in Attachment A for each year that he served as an active firefighter in the Shakopee Fire Department. - During the time that a member is on the deferred pension roll , he scall con-Vmile to pay his dues , and he will not be eligible ` o receive any of tae benefits provided for in Article V==. V Sec;,-Jcn L.. During the _me that a member tuber is on t he deferred pensi= ro=_ , tae assoc_at_on saa_l add �.-n _ to the amp t pa} ai e to such We=ter _..serest ^c - _ ` " , com po . ed annua__�• , s „ „ d ests c_ e e^t a - - -C' S� Eanc� p�, the aSS r '� run,; .. nC..• ..o �XCeeC �� Per year. RESOLUTION NO. 2371 A RESOLUTION AMENDING RESOLUTION NO. 18705 APPROVING THE BY-LAWS OF THE SHAKOPEE FIRE DEPARTMENT RELIEF ASSOCIATION WHEREAS , the Shakopee City Council is desirous of establishing a program that will annually compute the Fire Relief Association annual lump sum benefit based upon an average $5 , 000 annual City contribution beginning in 1987 and continuing until such time as the lump sum ,pension benefit exceeds $3', 000 per year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No . 1870, Approving the By-Laws of the Shakopee Fire Department Relief Association, dated June 16 , 1981 are hereby amended by substituting Articles VII and VIII with the attached Article VII on disability benefits and Article VIII on death benefits and pensions . Adopted in session of the City Council of the City of Shakopee , Minnesota, held this day of 1985 . Mayor of the City or Shakopee ATTEST: City Clerk Approved as to form this day of � 98D. City Attorney MEMO TO: John K. Anderson, City Administrator X06 FROM: Judith S . Cox, City Clerk�'C� RE: Fire Relief Association Pension Funding DATE: February 14, 1985 Introduction & Background On November 20 , 1984 Council approved a request from the Fire Department and directed staff to establish a Finance Department program that will annually compute the Fire Relief Association annual lump sum benefit based upon an average $5 , 000 annual City contribution beginning in 1987 and continuing until such time as the lump sum pension benefit exceeds $3 , 000 per year. The attached resolution amends the resolution adopting the by-laws of the Shakopee Fire Department Relief Association, articles VII and VIII , which amendment implements Council directive . If any Councilmember has any question on the attachment to the resolution (which provides the formula for computing the annual pension benefit ) , please talk with the Finance Director or someone on the Relief Association (Mike Ryan and Dave Judd) prior to the Council meeting. Action Recommended Offer Resolution No . 2371 , A Resolution Amending Resolution No. 1870, Approving the By-Laws of the Shakopee Fire Department Relief Association. JSC/jms RESOLUTION NO. 2370 A RESOLUTION ESTABLISHING A POLICY TO NOT ENDORSE CANDIDATES FOR APPOINTMENT TO METROPOLITAN BOARDS AND COMMISSIONS WHEREAS , from time to time local residents are being considered for appointment to metropolitan boards and commissions ; and WHEREAS , Shakopee City Council is desireous of establishing a policy onwhether or not to support local candidates in order that there might be consistency on the part of the City Council . NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council shall not endorse or support any candidate for appointment to a metropolitan board of commission; however, any Councilperson may support anyone personally. Adopted in session of the City Council , Shakopee , Minnesota , held this day of 1985 . Mayor Attest City Clerk Assistant ity Attorney ( SEAL) 4- MEMO TO: John K. Anderson, City Administrator FROM: Judith S . Cox, City Clerk �✓ RE: Endorsing Candidates for Appointment to Metropolitan Commissions DATE : February 13 , 1985 Introduction and Background : At an earlier Council meeting, staff was directed to prepare a policy stating that Council would not support local candidates for appointment to a metropolitan board or commission. My under- standing of Council ' s desire not to support any candidates , is that an appointed candidate , who was not supported by the Council , may not be as sensitive to our needs as he might be if he were supported by the Council . Alternatives : a ) Adopt Resolution No. 2370 b) Amend Resolution No . 2370 c ) Don' t adopt a resolution, but deal with each situation as it comes up. Recommended Action: Adopt Resolution No . 2370 - A Resolution Establishing a Policy to Not Endorse Candidates for Appointment to Metropolitan Boards and Commissions . i� RAHR MALTING CO. SHA,�a SINCE 1847 EE, MINNESOTA 5E_-7p' F�-IONE 612 a4E_;, February 13 , 1985 Jeanne Andre Community Development Director City of Shakopee 129 East First Avenue Shakopee, Minnesota 55379 Dear Ms . Andre, This is in the sis in response to your recent letter r Rahr Mallin g' ackage, and sidin eenzs O g g Co. g requirements of We have reviewed this here and also discussed it with are utilized. All Cr the si exist - tracks and switches The crossing at Scott rhes East of Scott are imperative Street Therefore we to our w and trackage reduces could not agree to a sr needs . the rail f ; � an plan that furt time. aces servin our further g plant at this Sincerely, RAHR MAL T IIS G C O. W..J. Runge Recommendation I recommend alternative No . 1 for the reason listed above . In addition , Council should recall that if the City can figure out a way to work Apgar and Scott Street together with one fewer rail crossing the City will be eligible for crossing guards paid for by the State. Action Requested Direct the appropriate City staff to spend the necessary time to gather basic data and initiate discussions with Rahr Malting in an effort to obtain a mutually agreeable reduction of switching trackage crossing Scott Street at the depot. JKA/jms MEMO TO: Mayor and City Council FROM: John K. Anderson , City Administrator RE: Elimination of Switching Trackage at Scott Street DATE : February 15 , 1985 Introduction City Council , during its consideration of Shakopee ' s 1985 Small Cities Grant Application , authorized staff to contact Rahr Malting regarding the elimination of the switching trackage that crosses Scott Street near the depot. Rahr Malting Response Our letter to Rahr only indicated that the City had an interest in eliminating the trackage to improve the Scott Street crossing. Rahr ' s initial response to our request is attached. Rahr indicates that they could not agree to any plan that would further reduce rail facilities serving their facilities at this time. Staff believes that the City and Rahr can work together to find a compromise solution that will be beneficial to the City . To find a mutually agreeable solution will require that the City spend some Engineering Technician, City Engineer and Community Development Director time on this project . Staff proposes to begin work on this project as a non-priority project so that we will have the necessary data to work towards an agreement with Rahr. I have spoken with Bill Runge and there may be some room for a negotiated agreement acceptable to Rahr and the City. Alternatives 1 . Pass a motion authorizing staff to spend the necessary time to collect the data for negotiating with Rahr Malting in an effort to remove switching trackage crossing Scott Street. This alternative would allow us to be prepared to discuss changes in the Scott Street and Apgar Street crossing should other events occur that would make this a priority issue. 2 . Take no action on the item at this time and wait for future 1 events that might work in our favor in obtaining the removal of switching trackage crossing Scott Street. 3 • Drop the idea of reducing the switching trackage crossing Scott Street all together. The purpose of this alternative would be to avoid wasting any staff time on an issue that may generate little or no improvements in the total number of rail crossings on Scott Street. ;x SSOCIATED MECHANICAL -CONTRACTORS , --- INC . 100 NORTH MARKET 0 SHAKOPEE, MN 55379 ❑ PHONE 445-5100 City of Shakopee 120 E. lst Ave. Shakopee, MN _ 55379 January 29, 1985 We propose the- following Manintenance Contract- for the year 1985-- as follows: A. :gill inspect all .air conditioners,and..,heatinc units three times per year a� ntervals- of four months. B. Lubricate all motors and bearing housings. C. Adjust all pulleys and belts. D. Furnish laborfor installation of all parts- necessary for proper operation at time of scheduled service call. E. All work under this agreement is to be completed within the normal eight hour working day.- - Any overtime work done upon of or with the approval of the City of Shakopee will be sub- ject to overtime charges of 13� times per hour. F. It is further provided that the date on which sevice will be rendered each period will be determined: be the service man' s itinerary. However, all possible arrangements will be made to render such services as close to the date most convenient- to the owner. G. The City of Shakopee will pay for all parts and material . H. This agreement does entitle the City of Shakopee to emergency service calls . I . All repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks will be billed out at the rate of $42. 50 per hour, plus parts. All the above for the sum of One thousand six hundred fifty and 00/100 dollars, ($1, 650 . 00) . To be billed as follows : Spring check up, May $990 . 00 Fall check up, September 330 . 00 Winter check up, January 330 . 00 Respectfully Submitted, ASSOCIATED MECHANICAL CONTRACTORS IN . 7� Joseph M. Sand, Jr . President ii Page No. of Iry /{'Pagcc RIES HEATING SHEET METAL Quality Material - Fine Workmanship 220 So. Atwood St. Shakopee, Minn. 55379 PHONE 445-5725 PROPOSAL SUBMITTED TO PHONE DATE .: n `-)Fc [.i _-ZC. STREET - JOB NAME CITY, STATE AND ZIP CODE y JOB LOCATION r?^ lC _ P.atlni _ tiCr• ' a r - ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: 1OP-", T- e&.-i.'ills 1: " Co-nC1t1onJ1,a ,;ery CF CCI�ti —art InF--ncn+iCr F a Ve—!--r for ail Citi' uifl inf- !', L11 -cc-rts anr1 l�,Ihp�- Or Fro}tnsr hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars ($ ). Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifica Authorized Signature �– tions involving extra costs will be executed only upon written orders,and will become an Si g L harge over and above the estimate.All agreements contingent upon strikes,accidentsys beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be rkers are fully covered by Workmen's Compensation Insurance, withdrawn by us if not accepted within - — days. Arrrptanrr of f roposal—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above._ Date of Acceptance: Signature MEMO TO: John K. Anderson, City Administrator 1 FROM: LeRoy Houser, Building Official RE: Building Equipment Maintenance Contract DATE: February 5 , 1985 Introduction: We have contacted the local companies qualified to service City building equipment . Background: Each year we have accepted building equipment maintenance proposals on an hourly rate basis . I contacted our local companies and only two replied, Associated Mechanical and Ries Heating & Sheet Metal . Attached are the two bids . Recommendation: Accept the proposal of $1 ,650. 00 ( Spring check up - $900 . 00 , Fall check up - $330. 00 and Winter check up - $330. 000 and the rate of $42 . 50 per hour plus parts for all repair work completed on "call" or done not in conjunction with normally scheduled maintenance checks from Associated Mechanical for the 1985 operational year. Action Requested: Authorize proper City officials to execute the maintenance contract with Associated Mechanical for $1 ,650 . 00 and the rate of $42 . 50 per hour plus parts for all work completed on "call" or done not in conjunction with normally scheduled maintenance checks , for the 1985 operational year. LH: cah Attachments O O V O 00 CK) 00 00 00 00 00 0 .2: W W r r U'i N N N W N N N O O A '- O W V V r N r 0 O V O O O O O O O W n ,y Ln N 0 O O O O O O O rt 00 - O O O O O O O Ln N O r r O O o O O O O W 03 ri 0 0 o V O 00 00 00 00 00 00 00 o n O O �. Or O O O_ O O O_ O O , O_ O a (D O O O O O O O O O O O O r n O n OD rt r •C/7 _ W N 00 V N ON r r 00 1-- W l.n In O O U'i 07 N O V In 11 11 00 p �D O O00 m A 00 00 O C7\ G D, O W In r p V O N 00 O v O O O V O O O In r N o rt V 0o O In O X- r �p by w �* a � n x n 0 0 z 0 O b G n (D (D ((D ((DD (fD ((D ((D n In 00 V o d n w w w N• N• w w ,,, a I (p rt rt rt rt rt rt rt rt w ►C I I I o O Pd rt O b C7 ti U] rxj (!� rrJ i7j G m N H n n 0 ai rr �J � m Cr- t" 0 0 p a a f) CrJ `C E 00 00 O (D pi rt C7I -+ 0 o n n m m C n G n n a ° d n a 0 G a � r rt OD -Ur, -cn in N N V --j V V V V „ n 00 N In-c� N N N N N N N N N N N �' W N V W N r, 00 00 00 00 00 00 00 00 00 co In V In N O �O o7 V O, In A W N 0 z I.O N 00 00 p C� 00 W In v %.D co 0 z (D N n d � n n o cn H d rt rt rt w O tz rt w rt rt (CD rt a O O (D O W (D O W O x E cn H rt H r-n rt n n E Q m r (D M (D D (D N ( to On m C O G G (D 7' ri H � C n N n (DD (DD rz 10 r O O O Cd ri CS. a a� U: O � co r N -U> -co -U> -U> -C! {/> -Lr� 4j> CIT W N 00 N ON r r 00 1- W In N O V O r-- Ln In O O `•� 00 N O V In .f-- 1� O . In CO 00 00 O O, OOi O O rt 00 00 In r O V O N co O O O O V O O In O 11 r �D co i Z p1 a • A v p a: �. Ap dig aw or lk SiVA sees `� �D ' �. � ,.+ftp. , ` � `'i•Li. 49 PIK PRO r Lij uj Mir IN J�y 6 0..g ��'♦♦��A / 1. `��\ .ti"' e ic ILLI . `*` .. :. .J� ✓ ,h .r J MEMO TO: John K. Anderson, City Administrator ^ /� FROM: LeRoy Houser, Building Official RE: Water Slide Plans DATE: February 14, 1985 Introduction: In order to maintain my time table on the water slide and open it to the public on the opening day of the pool , I have to start the project immediately. The first step in this project is to approve work on the plans and specs for the water slide. Background: Due to the fact that the water slide must be bid, I cannot get any company (Technetic or Miracle ) to draw the plans and specs free of charge without assurance they will getthe project . Technetic has offered to do the plans and specs for $3 ,500 . If Technetic is awarded the contract , the $3 ,500 will be deducted from their bid price . We may be able to sell these plans to another city in the future if Technetic is not the low bidder. Alternatives : 1 . Continue with the project as indicated. 2 . Drop the project. Action Requested: 1 . Authorize staff to enter into an agreement with Technetic Industries for drawing the plans and specs for the Shakopee Water Slide for the sum of $3 , 500 . 2 . Authorize Finance to transfer $3 , 500 from the Contingency Fund to the Building Department Professional Service Fund account to pay Technetic Industries . LH: cah Utility Bill insert Roseville Storm Drainage Utility,� Charges begin this quarter \' PROPERTY TYPE QUARTERLY RATES Single Family Homes and Duplexes..................... $4.29/lot Cemeteries and Golf Courses......... ;, 83.25/acre Parks and Parking Lots ,., ,,,,$9,75/acre Schools and Community Centers - ;. .,816.25/acre Multiple Family Dwellings and Churches .............832.50/acre Commercial/Industrial ...............................$65.00/acre You can obtain more information on the Storm Drainage Utility by callingthe Roseville Public Works Department at 484-3371. A-31 f _ 1983 REGULAR SESSION } Ch. 183 another WATER AND SEWER FACILITIE + •rye the .�—CHARGES �ed with l� field of CHAPTER 183 ' — '�' H.F.No. 318 An Act relating to local government; regulating kinds of and charges for water and sewer facilities and services; amending Minnesota Statutes 1982, section 444-075,-subdivisions 1 and 3. Be it enacted by the Le_oislature of the State of 11innesota• � Section 1. Minnesota Statutes 1982, section 444.075, subdivision 1, is amended to read: - ( - Subdivision 1. Authorization.Any home rule charter city, except cities ` r of the first class opera- siasec a kerne Muir G4ar;er,or any statutory city i �nesota aad ss may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain �nesota (i) waterworks systems, including mains, valves, hydrants, service con- appurtenances of a waterworks snections, wells, pumps, reservoirs, tanks, treatment plants, and other yI stem, &,W ;'+>r► )n 2, is (ii)sewer systems,sewage treatment works, disposal systems, and other d facilities for disposing of sewage, industrial waste• or other waste c ?..i -al o er s, and ;oaf P (ilii storm sewer systems, inc]_ding mains, holding areas and ponds, and private other appurtenances and r ration if _ elated facilities for the collection storm water, Ina dis`osai of 3n. The r injury all hereinafter called facilities, and to maintain and operate the same inside til :cultural or outside its corporate limiu, and to acquire bygift, It :cultural condemnation or otherwise any and all land and a einentsrrequired or R j permits; that purpose. The authority hereby granted shall be in addition to all other ,f injury powers with reference to sush the facilities otherwise 1 aange in of this state or by-the charter of any granted by the laws h on the clause (fill to cities which have city The authority granted in f i in territor• within a uatersn pis a; a adopted a watershed n%n pursuant to ed which has with a ��th respect to facilities a section 47.87 sral] be exercised, ccuired ioliowi the acoption of 's of the fan. only for faciitties w — _— the watershed �1 T, nit. are not -content u�tn the watershed its, ora The authoritl ranted in clause ilii!to — pi`an. _tion for manaeement cafes which have adopted iota] water a .ction by resnectto Ia mans pursuant to section ;i3.g7y snaII be exercised, with _ ciiities acouired foliouin;the ado — 7} uisance. iaciiities a nice are not —D-t�°n o- a local n%r.. only for ! _ inconsis_tent with the local picas. ! k counties ir, rase seven count. metropolitan area, shall havesties, except uuthorin granted to cities by this subdivision except for areas of the 'd county organized into cities and areas of the county incorporated within a l -sanitan district established by special act of the iegislature. 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L �' % •y' r r U C U = G ^ ^ L V U•C. L .L 7 L. •` _= w L tr _. d - C ^ �+ R j '' p .r`. C U L V �_' U L r U ` �_' l = ` - - 3 L •U � �' _ � L_ :/: w U •L L _ Y V L �_ C G � •C � .. •.. 1 V >.� � - L 'L`' :f. � - � � _ G „ L •L l ;r ^ L v ..v V r t=it .: U - i! �• n ^G I .L.. - _ w L - ' O U U _ � � •J. T L w � _ L r- _ � C .S �.. T T C L :!. � _' r .i .. '^ f0 r 7 L � r• y i > � C L 'J V "1 c.J L � N. •- 1 y U J _^ � � `�•-� J "1 � .. ^ l �"' _ ;�; � � _ P •L r :t :f: V •U= L U if. � _ � � V.Y [.% J _ LIQ TC_ � _ �/; L •V y -C•:_J L L i. ^v C C S F. 5 w .� J i E :: .: _ L - T y E - w L C T R = ` - L I ^ T_ .� T •r. --' „ O -J s = = = O: V = l L r >: p V , R R.' L �• •1•C _ w "t L E I •l. r i >' •tet J , _ - j L .. _ U L. >i L =•`� % _ U. ." = •= i v C __ - _ - L G _ ` v. L �;, L O 3 G: _ T G_� = G_[. G � C � .. �_ •l. �• L 1. - � _ � 1. U .. _ >' r r L - •• � - � � � ^ �� ^7� _ C_ � � » .l �� C •f. L � � .^ �! � T = f � L .. �i _� C ! r - L 'I _ -. _- •>_' ^_ �_ .� _ _ L �_ l " L_ I �_ l _ 'v' _� �. •3, .. L Cr C ` �_ L _ L lmov _ �• L J _ J V A-33 ........._....... 5_ INCORPORATED 1.870 ENGINEERING DEPARTMENT +� 129 E. 1st Avenue - 5hakopee, linnesota 55379-1376 (612) 445-3650 MEMO TO: John K. Anderson, City Administrator FROM: H. R. Spurrier, City Engineer SUBJECT: End of probationary for Engineering e re �ry DATE: February 15, 1985 INTRODUCTION: On January 13, 1985, pat Pennington completed the six month probationary period as Engineering Secretary and effective January 13, 1985, she attained the status of permanent emplovee. BACKGROUND: During the six month probationary period, Pat has proven to be an asset to the Engineering Department and has developed the skills she did not possess, improved the skills she had, and contributed to the more efficient operation of the Engin- eering Department. For this reason we are pleased she has attained the status of permanent employee. HRStpmp EMGSEC �f TO: Jahn Andersen, City Administrator FROM: Gregg Voxland, Finance Director- RE: irectorRE: Revenue Sharing Demise ( Informational ) DATE: February 14, 1985 Introduction & Background Council has requested a report on the possible demise of the Revenue Sharing program. A telephone call to the League revealed that it is _lust too early to tell what is going to happen in the legislature. There is the possibility of the program being cancelled but also there is the passibility of a compromise with the program being reduced instead of canceled. The effect of canceling the Revenue Sharing program on the City of Shakopee' s 5 Year Equipment play, after the current entitlement program is shown by the attachment. The attachment is the equipment list from the 1985 Budget with Revenue Sharing deleted. As you can see, at the end of 1989 there is a deficit of $96, 815 as compared to a balance of $213, 108 shown in the budget. One method of alternative financing for police, street and fire emergency equipment is to use certificates of indebtedness. The City has used this before and the taxes to pay off this debt are outside the levy limit. Another- alternative is leasing but this would use current general fund dollars to make the payments and would be subject to the levy limit. The equipment from the plan that may be subject to financing by certificates of indebtedness are: 1985 Police radios S6, 000 Fire rescue truck 125, 000 Fire radios 6! 000 Street dump truck 37j000 $174, 000 1986 Police squad 4x4• 16, 500 Fire foam cannon 14, 000 Fire compressor 40, 000 Street snow blower- S9, 000 99, 500 1987 Police squad cars 50, 000 Police propane units 5. 800 Fire refurbish 72 Mack. 25, 000 Street dump truck. 41, 000 Street propane unit 1 , 000 1 cE, 800 11.968 Police v i s i bars S, 0012) Police radios 10. 000 Street grader 150j000 1EE, 000 1989 Police squad cars 55, 500 Police Propane units E, 000 Street dump truck. 45. 000 Street propane unit 11000 107, 500 The other alternative for paying for equipment is to just pay for it out of the general fund as part of the budget. The general fund currently pays for equipment costing less than $1, 000. another way to approach this is to raise that limit to $5, 000 or $10, 000 thereby restricting further the use of Revenue Sharing or Captial Equipment Revolving monies to the purchase of "major'' items of equipment. Raising the limit would change the list by: 05, 000 U01000 1985 X82, 700 $69, 400 198E 1 3, 900 41, 900 1987 4j500 42, 800 1988 17, 700 46, 000 1989 13, 100 42, 100 Of course, each purchase should be evaluated as to whether the item is really needed or not or whether the acquisition is cost effective to the operation of the City. The capital equipment list is attached for Council review or referral to committee if they want to evaluate 1985 items or subsequent years items before budget time. Projected Capital Enuipment List Eummarq 1985 1989 1987 15ag 1599 REVENUE 5HMRINi MID Fund Balance 111!85 259,345 kevenue Sharin4 87,151 5 Interest 10000 5e-,, CARITkL EQUIPMENT PFOOLVIK FLUD Fund Balance 111/85 488740 "s.p.U.C. Increwent 25000 300,110 ::t11110 ?5000 300 0 0 Sale of Assets 3000 3000 ?000 3000 3160 IiI.E're5 3 0KICl ii ii x•v TOTAL. REUENUE 16150.::D 68•MO 580 01r1 A8 0.1 ?8r00 E.XPENDITLIPE PIF! LIT =s?Ar)0 P'4:;t, EXCESS {deficiencq; REVENUE _,;ACO -lEla•t -125E.+' - s ,^ -1056 1 BALANCE; AVAILADLE 4556['5 3:A3C'S ^cCa4C'S 67E5 _r'8E15 * Adjusted for $160,000 pumper carryover , not adjusted for $10,000 park tractor purchased 1/85 but budgeted in 1984. Items budgeted in 1984 but not purchased, and not currently budgeted, that would require Council action and/or rebudgeting .are $6,000 Pup Trailer, $1,000 Bldg Lateral Files, $1,000 Shop. Recirculating Fans. Parts washer budgeted at $3,500 ordered 12/84 for $875.00 will come out of 1985 budget with budget adjustment later. 7131/84 Capital Equipment. List Summary 199A 1985 1985 196' 1988 1989 REVENUE SHAPING FUND Fund Balance 111/84 2-4B520 Revenue Sharing 100000 95000 95004 90000 90000 90000 Interest !4000 5000 5000 5000 5000 5000 CAPITAL EQUIPMENT REVOLVING FUND Fund Balance 111184 42M88 S.P.U.C. Increment 25000 25000 30000 30000000 30000 35�.,, Sale of Assets 3000 3000 3000 ?�?00 3000 3000 Interest 23000 20000 180+)(11 15000 10000 10000 TOTAL PEVENUE 165000 148000 151000 14300f 144000 138000 EXPENDITURE PER LIST 383800 2O74CC 1er4GG 183800 P4?'GCa 14:600 EXCE55 ;deficiency) P.EVEN✓UE -=18800 -14-=100 - 1MOD -40800 -1.5700 -5500 BALANCES AVAILABLE �53008 4C3bU8 565208 652)8 2244018 218708 213108 ONI o 1 o co I I OI o I I 1 I I I I C7� 1 I O 1 0 1 Ln I I I 1 1 1 I I I I I I I I 1 I 1 I I I I I I I I I I I I I I I I 1 1 I I I I I 1 I I I I I I I I I I I I I 1 1 I I I I I I I I I I I 00 O I O I O 1 0 1 1 0 1 O I O I 0 1 0 1 00 O I O 1 O 1 0 1 1 I O 1 0 1 0 1 0 1 o� O 1 O I cr) I 1Y1 1 I I O 1 0 I 0 1 0 1 r+ v1 I v1 1 N I N I I I Lr) 1Lr) I M 1 (1) I � I •-•1 1 1 1 I I I I I 1 I I I 1 I 1 I I 1 1 I I I I I I I I I 1 1 I I I I I I I I I I 1 1 I I 1 I 1 I I I I 1 I I 1 1 I I I r� O O 1 0 1 1 0 1 1 0 1 O 1 0 1 1 0 1 00 Cl O 1 0 1 1 I I 1 O 1 0 1 1 I a% O O 1 0 1 - I 1 1 1 O 1 0 1 I I .1 U•1 1 -7 1 I I 1 I N 1 N I I I I 1 1 1 I 1 I I 1 I 1 I 1 I I I 1 1 I I �D 1 0 10 o 1 0 1 o I o l 0 1 0 1 I o OD I I O O I O 1 O 1 0 1 O 1 00 1 I I Ch I I O 00 1 00 1 O I o 1 0 1 0 1 1 1 �+ I 1 O .--1 1 .-41 an IUl) 1 v1 I Ln I 1 I I 1 N I N I 1 I I 1 I 1 I 1 I I I I 1 I I I I I I I I I I I I I I I I I 1 I I I I I I I 1 I 1 I I I I I I 1 I I I I I I 1 I I 1 I I 1 1 I I 1 I v1 1 0 1 O I O I 1 0 1 1 0 1 O 1 0 1 co I 1 O 1 0 1 1 I I I O 1 0 1 O 1 0 1 I I I I O 1 0 1 O 1 0 1 I I I I Ln I u'1 I •.•t I I .-1 I --1 I I I I I I I a I I I I I I I I I I I I I 1 I 1 1 I I a) I 1 1 1 1 I I I 1 I I I I 1 I I I 1 I 1 010 GL I I I I 1 I I I I .+ O o I o I I o 1 00 0 1 O o I o I 11 I o I a 00 O 0 1 0 1 I 1 cc 0 1 0 1 Cl 1 0 1 1 I v'm r1 O I cn I I I O •--1 Ln 1 %D I �r1 1 u1 I I I w •-+ 00 ch I —, I 1 I CO -•q .•••1 1 0 1 1 + I I I .-� 1 NI 1 I e0 I I I I I I 1 I I I •.•I I I 1 I I I I 1 I I a 1 I I I 1 I 1 I 1 I co I I 1 I I I I I I I U 1 I 1 1 I I I 1 I I co c0 co co ca - y -W u 41 )a O O m O O O O L L cu L i1 L m m C 7 •.•1 C 7 O U 1+ o a) 1.+ •0 i co W w C w O C) W b u E C ►+ v a m O C4 .a U i1 3 D m C C o a1 i+ W O E a) m •.-1 m i. 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U 7 G) O 0 co �+ Q. ct o >+ G4 o r co 3 O co X C G rte+ L 3 0 O F� d to N>r i >r I 3 N C U u ?L RI ? v Or4C1 O Co L3. 7 O 3 C .0 G. 4J L7 .-r A x i —� U m >~ -- 3 y W O O m 0 — cty .r 7 U -0 O - O U s. s3i .= N N CA Gq O >w •—� Yr O Gr •.•1 0 O N C w >a = -co -V ••-i U G*+ ;:L4CAA+ E-43at� A CNH L o w m co A4 C% 1 O I O If O I I O 11 � I I � 11 - -� I 1 M n I I u I 1 u 1 I a I i u I 1 u I 1 n 00 l o l o u 00 1 I o u I r2 II •—� 1 1 rn II I I N 11 I I II 1 I I 1 1 it I I II O 11 000 11 ^+ I 1 co M II 1 1 COI 1 I .•-� II 1 I II I I II 1 1 II 1 I II 1 1 II I I II co I O I -lot O 11 I 1 O II 1 I •--i II I I II I I II I 1 11 I I II 1 11 U1 O I O I O II o� O 1 O t II .-ti M I M I n II 1 I o� II 1 N II I I II I I II ^i � o i o i CO u .--� N 1 N I eh II I I O II 1 M 11 I I II I I 11 ! 1 II I 1 II I 1 II I 1 11 co i O O tz L O C-i L E ea N •ri y a m n. • E C P64 w O 0 a MEMO TO: John K. Anderson, City Administrator 6 FROM: Judith S . Cox, City Clerk--- ,4:, I1 RE : Nominations to Shakopee Cable Communications Advisory Commission DATE : February 14, 1985 Introduction & Background There is currently a vacancy on the Shakopee Cable Communications Advisory Commission. The City has continued to advertise the opening and the attached letters from Robert Vierling and Larry Moonen have been received. Council policy has been to nominate qualified candidates at one meeting and make appointment at the following meeting. Recommended Action Make nominations to the Shakopee Cable Communications Advisory Commission. JSC/jms T 0: BARRY STOCK ` CITY OF SHAKOPEE 11 FROM: LARRY MOONEN 1�UJ 1698 12th Av. West (�-�� ,.�_ Shakopee Minn. 55379 445-1395 SUBJECT: Shakopee Cable Comm. In regards to our conversation on 2-6-85 I a.sk membership on the Shakopee Cable Comm. I have in the past been employed a.s studio manager and cable access coordina.ter for Zylstra. Ca.ble in Cha.ska. 11 Minn . I a.m currently a. manufacturers representative for video product lines including Panasonic, For-A Corp. Quickset, and others. I also have experience in the industrial and broadcast a.rea.s of video production. Education includes a. B.A. degree from Mankato State U. a,nd gra.dua.tion from Hennepin Tech. Centers in the area. of Television Production. I feel my broad knowledge of video as well a.s my specific knowledge of ca.ble systems would be of value to the City of Shakopee. I do wish to point out that because of job rela.ted travel I would on occasion not be able to a.ttend a. meeting. I would attempt to keep this a.bscence a.t a minimum however I do wish to advise you in advance of this possibility. �> Lary Moonen Febuary 1985 Robert F. Vierling 221 E. 4th Ave . - Shakopee , Minnesota 55379 Mayor Eldon Reinke Re :Application for 2569 Hauer Trl. membership in the Shakopee, Minnesota 55379 Shakopee Cable Com- munications Advisory Dear Mayor Reinke; Commission. As per our conversation on the telephone , I am applying for the position of Commissioner for Cable Communications Advisory Commission. I have a substantial background in electronics , radio, and cable communications . I 'm confident that I can apply this knowledge of the aforementioned in a constructive and creative way to this community, without bias to anyone . I have served the State of Minnesota and the American Red Cross as an instructor for both in different areas for over the past twenty years on a volunteer basis . I am now retiring from these past endeavors, and can apply myself fulltime to the Cable Advisory Commission. Feel free to contact me if further information is needed. I'm sure that you know that I would treat this posi- tion with all honesty, and that I would be partial to no one . Knowing my background should be self-explanatory to my impartiality and honesty. Thank you. Sincerely, *trt F. 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C62C S, rnM 2 M to N i :rn In rn O Go j ,'1 O rn 1 2 C Z r'l In rn-i T r 2 z o MICI oo i � I I :. 1 1 ►'.y t I r C O L4 N I if iI I rum c 1 I i I + N i f f I i I O W Ll n n �W^ \ V l�tt�o ee (fammunag #cruices 129 Levee Drive Shakopee, Minnesota 55379 Phone 445-2742 Community Education • Parks • Recreation • Adult Education Memo To: John Anderson, City Administrator From George Muenchow, Community Services Director Re Highway 18 Bridge Walkway Date February 11, 1985 Introduction Mr. Ed Crozier, Mgr. , Minnesota Valley National Wildlife Refuge,` has requested support in making sure that a pedestrian walkway be included in the planning of the proposed Highway 18 Minnesota River Bridge. Background The Minnesota River Valley Trail planned by the Minnesota Department Of Natural Resources has been a dream for many people for at least 20 years. Portions of this Trail are now coming into existence. It is hoped that the remaining segments will also be constructed. The Master Plan has been formulated in conjunction with the Comprehensive Plan of the Minnesota Valley National Wildlife Refuge, Recreation Area, and State Trail, a joint venture by the Department Of The Interior, U.S. Fish And Wildlife Service and the Minnesota Department Of Natural Resources. This Comprehensive Plan has traveled through all of the usual hoops and hurdles that are required for projects of this nature being fine tooth combed by all involved and interested citizens and governmental agencies. An important facet of the proposed M.R.V. Trail is a crossing at the Highway 18 Bridge. In his most recent contacts with the Hennepin County Highway Engineering Staff Mr. Crozier has ascertained that there is no guarantee that there will be a walkway for pedestrians, hikers, bikers etc in conjunction with this bridge. Granted that he has some leverage with these people because of the need of acquisition of some Refuge land for highway purposes, but still he is asking for support for this walkway from abutting municipalities. A bridge without a walkway will greatly diminish the potential enjoyment for trail users that would use this segment of the trail. Chances for a separate walkway across the river would be very remote. Recommendation Authorize the preparing and mailing of a letter to the Highway Engineers of Hennepin and Scott Counties expressing concern that there presently is not a guarantee for a walkway/bikeway as an integral part of the proposed Highway #18 'Minnesota River Bridge. A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 _ A A $"go !nt ® ® ' AcowledgmentA reciotion THAN' p You to You In recognition of the good you bave done 2/11/85 John Tf this recommendation is approved, one letter should be directed to Mr Ted Hoffman, Hennepin County Highway Engineer at his Golden Valley Office, The other should be addressed to the Scott County Highway Engineer. All of my infor— mation is from Ed Crozier. YT John YbIlens of Barton Ashman did not come through with any infor- mation as promised. A cc�py for Ed Crozier would be niFe . George. Thank•U•Grams are Free... Just as all the best things in life are. See the reverse side of this message.