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Home My WebLink About08/19/1986 MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Non-Agenda Informational Items DATE: August 14 , 1986 1 . Attached is a copy of a letter from Herb Dallmann thanking Howard Jones for his recent code enforcement efforts . 2 . Attached is a letter to John DuBois and the Shakopee Police Department from Lori Harris, Rt. 2 Box 796, Shakopee. 3 . Attached is a copy of a table that shows communities with local sales and excise taxes that was presented to the Chamber of Commerce committee working on the hotel/motel tax. It is presented strictly for Council information. 4. Attached is the revised questionnaire proposed by Boarman Architects and the joint Siting Committee/Downtown Committee that met on Monday, August 11th. The questionnaire is being mailed to the joint committee for final review. If you have questions or suggestions please contact me by Monday, August 18th. 5 . Attached is a copy of the new "Code of Ethics" adopted the by Publi Utility Commission in the wake of recently exposed conflict of interest between Commission members and the utilities they are to regulate. 6 . Attached is an article from LeRoy Houser that describes the "fast-track" construction procedures the Council has been dealing with. 7 . Attached is the Building activity report for the month ending July 31 , 1986 . 8 . Attached are the minutes of the July 30, 1986 meeting of the Downtown Ad Hoc Committee. 9 . Attached are the minutes of the June 11 , 1986 meeting of the Industrial Commercial Commission. 10 . Attached are the minutes of the June 30 , 1986 meeting of the Shakopee Public Utilities Commission. Please note that the fifth paragraph on page 2 outlines the agreed upon cost sharing method for reconstructing watermains when the City reconstructs a street. 11 . Attached are the minutes of the May 15 , 1986 and June 19 , 1986 meetings of the Energy and Transportation Committee. / 12 . Attached is the agenda for the August 21 , 1986 meeting of the Energy and Transportation Committee. 13 . Attached are the minutes of the August 7 , 1986 meeting of the Shakopee Coalition. 14 . Attached is the expenditure and revenue report as of July 31 , 1986 . 15 . Attached is a memo from Judi Simac regarding three Planning Commission items 16 . Attached is a letter from Tom Philipp expressing his thanks to the storm sewer crew. 17 . Julie Berg will fill in for Jeanette. She is from Manpower Services . The local firm, Valley Temp, was also consulted but the more qualified candidate is coming from Manpower Services. She will start August 19th, Tuesday. Our new receptionist, Pennie Schlechter, is on board and City Hall offices have been reorganized. JKA/jms I Herb Dallmann �I320 E, 7[h Ave. Shakopee, Mtn 55379 Ie/9/�,' ��`?,2�y' rti'" G�' f_.'r/G� ..•.�.�c,.'/� � �i(.r�'lei rr�+ � V444 -iliW-- us�� to_n c c, too �u. ry �T ary - Pro Fps vood W,4 1 ncfY-t 4YAAA�O r 'S76L xoq- `Z alrnv�- C S i i t ,� ;^, A.016) was amended in 1981 to Stetus of Current Law. !'�:innesota Statutes ( �.S The statute s e the implementation of local taxes• states that: tt city, town or other taring authority shall increase a present No county, ' tax or impose a new tax on sales or income." May, 1986 newsletter the 1?innesota Taxpayers AsS°ciation (�1TA) In its Y� clout. The MTA repos is that in 1986, asserts that the prohibition lacks any Bloomington - to have the Legislature Permitted two add tion1 he twohcit es plus StCloud andient add-ons to the 6% sales tax In Q table presents Paul were authorized by the 1986 legyS�ture to increase or impose trans or restaurant food and beverage taxes. The follov�ino lodging city. Minnesota's local sales and excise tax rates by TABLE 1 LOCAL SALES AND EXCISE TAX RATES Transient I,odQ-in� *** 2% Moorhead 3% Albert Lea 3% Rochester Austin 5 qD Bloomington 5% St. Cloud 5% 5% St. Paul 2% Duluth Duribault 2% Thief River Falls 3°0 Mankato 3% Winona 1-1/2% Minneapolis 6% Worthington Restaurant Food and Beverage Duluth 1% Minneapolis* 5 Bloomington (liquor & beer only) 1%**** St. Cloud WesT x SD rotor Events Duluth 1% Bloomington 3% Rochester 1% Admissions, Amusements Minneapolis* s 1%% 3% Bloomington* ;yl�eapolis Motor vehicle - Retail Rochester $20/vehicle Downtown only for restaurant food and beverages. Citywide sales tax. Both authorized 1/1/8'• gt, Cloud ** Development site only• ton, Minneapelis, *:* Transient lodging tax is currently 3% in Blooming and St. Paul. •*** Authorized but not currently levied. 1986. o Source - Minnesota Taxpayers Association, may sed for ecified The tax proceeds the construction rllofu facilities (convention purposes ente sr, fltourism r nd promotion, flood control, highways) and the general operating fund. Strate-ies: 1. Prohibit any new local taxes or increases to existing taxes. 2. Authorize a 1% sales tax and repeal all other local sales and excise taxes except those whose receipts are pledged for debt repayment. Use proceeds for infrastructure rebuilding. 3. Authorize 1% sales tax at county or regional level. Through a distribution formula permit expenditures by local governments of proceeds for general operations and/or infrastructure. 4. Permit individual cities to request local sales or excise tax increases or new taxes. S. Repeal all existing local tax authority. 6. Permit cities to levy a local tax but require a percentage of the proceeds to be shared with other governments. 8 BOARMAN ARCHITECTS INC, 710 Chamber of Commerce Building, 15 South Fifth Street Minneapolis, Minnesota 55402, 612 339-3752 SHAKOPEE SITING COMMITTEE AND DOWNTOWN BUSINESS COMMITTEE Listed below are sample questions for the potential survey. The business survey is for the Shakopee Business Community which will be made by phone to all businesses. SHAKOPEE CITY HALL SURVEY SAMPLE QUESTIONS - BUSINESSES RESPONDENT ADDRESS 1. Is your business either: A. Owner operated B. Manager operated 2. Who owns property: A. You B. Business 3. Is the current City Hall located: A. Within the downtown business district on First Ave. B. Near to Scott County Court House G. dear County Rd, 17 by the Police and Public Works Garage D. Don't know 4. Do you find that location convenient? YES NO S. As a downtown business owner/manager, do you feel YES NO that City Hall located downtown directly benefits your customers. 6. When you visit City Hall , is it on the following basis: A. Generally a trip by itself, or B. In conjunction with a trip to a downtown business? L 7. Are your visits to City Hall on the following basis: P,. Weekly B. Monthy C. Quarterly D. Yearly E. Less than yearly basis? 8. Do you feel that the best location for City Hall is: A. Within the downtown business district B. Near to Scott County Court House C. Near County Road 17 by the Public Works Garage 9. As a business owner, do you feel locating City Hall YES NO downtown improves your property and business value? 10. As a business owner, do you feel Shakopee needs a new City Hall? YES NO 11. Are you a resident of Shakopee, yes/no, and if yes, did you vote in the last general election? YES NO BOARMAN ARCHITECTS INC, 710 Chamber of Commerce Building, 15 South Fifth Street Minneapolis, Minnesota 55402, 612 339-3752 SHAKOPEE SITING COMMITTEE AND DOWNTOWN BUSINESS COMMITTEE Listed below are sample questions for the potential survey. The Homeowners consists of a random sampling of approximately 10-155 of the Homeowners. SHAKOPEE CITY HALL SURVEY SAMPLE QUESTIONS - HOMEOWNERS RESPONDENT ADDRESS 1. Are you a homeowner in the City of Shakopee? YES NO 2. Is the current City Hall located A. Within the downtown business district on First Ave. B. Near to Scott County Court House C. Near County Rd. 17 by the Police and Public Works Garage D. Don't know 3. Do you find that location convenient? YES NO 4. When you visit City Hall , is it on the following basis: A. Generally a trip by itself, or B. In conjunction with a trip to a downtown business? 5. Are your visits to City Hall on the following basis: A. Weekly B. Monthly C. Ouarlerly D. Yearly E. Less than yearly basis 6. As a Homeowner, should a City Hall be adjacent to which of the following: A. To downtown business B. Other Government or community bldgs. 7. Do you feel that the best location for City Hall is: A. Within the downtown business district B. Near to Scott County Court House C. Near County Road 17 by the Public Works Garage 8. As a taxpayer, do you feel the City of Shakopee needs a new City Hall? YES NO 9. Did you vote in the last general election? YES NO 07/18/86 ,Rr.:SCR J RR/;;r RD994E 1 which does not exceed $15; or 2 C. a meal or beverage served during and at site 3 investigations or negotiations, the value of which does not 4 exceed $15. 5 Subp. 2. Outside income. A commissioner or professional 6 employee shall not receive personal income, directly or 7 indirectly, from a public utility or telephone company subject 8 to regulation by the commission. A commissioner or professional 9 employee may receive dividends or other earnings from a mutual 10 fund or trust so long as the mutual fund or trust does not hold 11 a significant portion of its investments in public utilities or 12 telephone companies subject to regulation by the commission. 13 Subp. 3. Interests in utilities. A commissioner or 14 professional employee shall not invest in a public utility or 15 telephone company, acquire a legal or equitable interest in it, 16 however small, become its director or advisor, or actively 17 participate in its affairs. This prohibition does not apply to: 18 A. ownership in a mutual fund or trust that holds 19 securities in a telephone company or public utility unless the 20 commissioner or professional employee participates in the •21 management of the fund; 22 B. holding office or title in an educational, 23 religious, charitable, fraternal, or civic organization that 24 owns securities in a telephone company or public utility; 25 C. purchasing services from a telephone company or 26 public utility on the same terms and conditions as a member of 27 the general public; or 28 D. holding membership in a cooperative association 29 under the same terms and conditions as other members of the 30 cooperative. 31 Subp. 4. Outside employment. A commissioner or employee 32 shall not negotiate for or accept outside employment or other 33 involvement in a business or activity that will impair the 34 person's independence of judgment in the exercise of official 35 duties. 36 Subo. 5. Insider information. A commissioner or employee A?,n,-DVc�'N 7HE 4 F......._:;„F 57A7,U7ES 0rFICE 3't: E 07/18/86 [RG=SOR ) RR/„F RD994S 1 shall maintain order and decorum in proceedings before the 2 commission. In their official capacity, commissioners must be 3 patient, dignified, and courteous to litigants, witnesses, 4 lawyers, commission staff, and others apoearina before them. 5 Commissioners shall require similar conduct from persons 6 appearing before them. 7 7845.0600 [Emergency) DISQUALIFICATION. 8 Subpart 1. Disqualifying factors. Commissioners and 9 employees shall disqualify themselves if they: 10 A. have a personal bias or prejudice concerning a 11 party; 12 B. before employment with the commission, served or 13 participated as a lawyer or material witness in the pending 14 proceeding; or 15 C. have an interest, other than that of the general 16 public, that could be substantially affected by the outcome of 17 the proceeding. 18 Subp. 2. Written disclosure; withdrawal. The commissioner 19 or employee shall disclose in writing within 48 hours to the 20 commission the disqualifying interest and withdraw, taking no 21 part in the pending proceeding. 22 7845.0700 (Emergency) PROEIBITED ACTIVITIES. 23 Subpart 1. In general; exceptions. A commissioner or 24 employee shall not directly or indirectly solicit or accept for 25 the commissioner or employee, or for another person, any 26 compensation, gift, gratuity, favor, entertainment, meal, 27 beverage, loan, or other thing of monetary value from a public 28 utility or telephone company This prohibition does not apply 29 to: 30 A. books or printed materials supplied on a 31 complimentary basis for official use, when the value of each 32 item does not exceed $50; 33 B. a meal or beverage served at or on the premises of 34 an educational program devoted to improving the regulatory 35 process or the administration of the commission, t^e value of 3 OFF;OE By. 07/18/86 (REVISOR J RR/,'F Ra994E / shall not directly or indirectly use, or permit others to use. 2 information not made available to the general public, to advance 3 a private interest. 4 7845.0800 [Emergency] FUTURE EMPLOYMENT. 5 Subpart 1. One-year restriction. While employed with the 6 commission or within one year after leaving it, a commissioner 7 shall not accept employment with, receive compensation directly 8 or indirectly from, or enter into a contractual relationship 9 with a rate-regulated public utility or telephone company. 10 Subp. 2. Commissioner communication with parties. A 11 commissioner shall not communicate, directly or indirectly, with 12 a party to a pending proceeding before the commission regarding 13 past or future benefits or compensation to be received from that 14 party. The commissioner shall disclose in writing to the 15 commission any communication regarding past or future benefits 16 or compensation within 48 hours after the communication is 17 made. The commission may dismiss a proceeding if an applicant, i 18 petitioner, or complainant violates this subpart. 19 Subp. 3. Employee communication with parties. A 20 professional employee shall disclose in writing to the 21 commission any communication regarding future benefits, 22 compensation., or employment with a party to a pending proceeding 23 before the commission within 48 hours after the communication is 24 made. Reprisals must not be taken against a professional 25 employee who complies with this subpart. 26 7845.0900 [Emergency] POSTEMPLOYMENT REPRESENTATION. 27 Subpart 1. By commissioner. A commissioner shall not 28 represent a rate-regulated public utility or telephone company, 29 formally or informally, before the commission for one year after 30 leaving the commission. At no time shall a commissioner 31 represent a party on a proceeding that was pending before the 32 co=ission during that commissioner's term in office. 33 Subp. 2. By employee. For one year after leaving the 34 commission, an employee shall not represent a rate-regulated 35 public utility or telephone company before the commission on a AD-Cq^. EC '`THE c_ 0. CF STA-IUMS 01; _E 3V s 7 The shop drawings should be approved by the engineer of record has been any omission, the process will not be "fast" and will and submitted to the building official, when they are related to not be "on track." the structural system. The clarity of the approved plans on the Shell Buildings site is of paramount importance, especially when the rapid se- quence of design and construction is considered. Shell buildings, otherwise known as tenant improvement or speculative buildings,present building departments with unique Even with a complete set of quality construction documents, review and inspection conditions.Most departments have either the actual assembly of the structure requires a high degree of dealt with these types of projects or will undoubtedly be con- technical competence by the contractor, the structural engineer fronted with them in the future. and special inspectors, as well as the regular inspection staff. Shell or tenant improvement concepts in buildings applies to There are always areas of uncertainty and confusion in interpret- projects which are developed with the flexibility to serve spe- ing the design concept, and field errors may occur. The inspec- cific needs of future clients in terms of occupancy and use. tor's diligence and responsibility are overriding contributions to Typically,a building is constructed with undivided floor spaces quality during the construction phase. The structure being which can be partitioned to satisfy the requirements of prospec- erected should be in accordance with the approved plans. The tive tenants. This partitioning usually takes place at various magnitude of any allowable deviation from the approved design times after the completion of the building. Hence,the building concept should be determined by the structural engineer in official is often faced with issuance of certificates of occupancy consultation with the building official's staff of inspectors and for parts of the building.Not only must each partitioning scheme plan reviewers. Any major revisions should be processed in an be reviewed for code compliance for a specific tenant, it must acceptable manner and approved plan changes issued to the field also be checked for its effect on other tenant spaces and the as required. building as a whole.This is particularly important in verification If the construction documents are unclear or incomplete,it is of exiting requirements and requirements pertaining to fire- unfair and irresponsible to expect the field personnel or the suppression equipment, such as automatic sprinklers, stand- building official to process and approve any required additions pipes, fire alarms, etc. The following discussion is intended to or alterations to the documents. The responsibility of the struc- highlight some of the major points which should be considered tural engineer of record should be respected, and any design in plan review and inspection of tenant improvement buildings. decisions affecting the project should be reviewed and approved The predominant factor to be considered in shell buildings is by the owner's representative,as well as the building official. If exiting. The number, width and arrangement of exits must be alternate structural systems are to be substituted during the reviewed for code compliance.However,before this can be done construction phase of the project, a host of new concerns and the building official must know the anticipated use of the build- responsibilities are introduced. The new system should be in ing.For example,will it be an office or retail sales?The building harmony with the elements of the original structural scheme, may be reviewed as an assumed occupancy and so indicated on and new construction details may be required to ensure compati- the plans, along with the statement that any future changes bility.Review and approval of all plan revisions is a fundamental involving the occupancy or use must be approved by the building responsibility of the building official and engineer of record. official. Although office and retail sales are the common occu- Field revisions to the life-safety aspects of the building are an pancies in shell buildings, storage, warehousing, manufactur- area of special concern. New uses or occupancies may be intro- ing,restaurant and other occupancies may occur. duced which will require an analysis by the building official. Assuming the occupancy and use, the building official can The method of providing fire-resistive protection is another field determine a tentative occupant load. With this information,the revision that should be carefully monitored. Any significant number,width and arrangement of exits as well as maximum exit changes should be reviewed and approved by the architect and travel distance can be calculated. If "core" type of exiting is building official prior to installation,and plans should be revised proposed,interconnecting corridors will eventually be required accordingly. Everyone agrees it is much easier to change a between the stairway enclosures. Many building officials re- drawing than to remove and replace construction in the field. quire that shell buildings submitted for plan review indicate the An unexpected decrease in construction material strength at proposed location of such corridors. the building site from that specified on the plans is usually much Some building departments permit delay of corridor con- more difficult to remedy. This is a problem that may occasion- struction until the time the owner applies for the certificate of ally be associated with concrete or masonry construction;how- occupancy.However,if the building design requires area separa- ever, it is not limited to these two construction types. The- tion walls or fire walls,they must be constructed with the shell solution to the problem may be a more refined analysis by the building. structural engineer, or added structural elements to safely sup- Another aspect of tenant improvement buildings that should port the design loads.A careful review of all the required test and be considered is the proposed location of HVAC ductwork. inspection reports should be performed and the records main- Close review and field coordination is necessary to ensure code tained.Any variations from the specified strength of materials in compliance where ductwork penetrates occupancy separation the construction documents should immediately be investi- walls,shaft walls and fire-resistive corridor walls and ceilings. gated. The final result of the fast-track system construction should In fire-resistive buildings, attention must be given to fire- hopefully be strongly related to the original concept in form and rated floor/ceiling assemblies utilizing the suspended ceiling as substance. While certain field modifications may have been Part of the fire rating. Details must be checked to assure that made, the scope and style of the project should have been future penetrations of the ceiling by ducts and lighting fixtures maintained. The as-built systems which were submitted by the Will be within the limitations of the assembly listing. owner's representatives and approved by the building official It is important that all required fire-extinguishing systems be should provide equivalent structural stability and life-safety provided prior to issuance of any certificates of occupancy. protection. No significant details should have been overlooked If the shell building is a high-rise structure,extensive fire-and in the rush of design or the construction to completion. If there life-safety requirements must be met prior to occupancy of the 6 Fast-track Construction The in-progress construction documents are now essentially New construction management techniques have been devel- complete,and the building official's responsibilities begin.The oped to control the cost of erecting new projects and provide a plans and calculations are submitted to the building official for quicker construction schedule. While the systems used usually review,and an application for a building permit is made. Since are a more effective and economical method to schedule and the time frame of the design and construction schedule of fast- manage construction they do pose added requirements on build- track projects is usually much shorter than the bidding schedule ing officials and greater responsibilities for architects and struc- for conventional projects, the plan review phase is a critical tural engineers. I will briefly describe the fast-track system of period to both the owner and the building official. When the construction management and discuss some of the common approved plans are released to the construction site,they should construction problems that may arise. be as clear and complete as possible. While the plans are The appeal of the fast-track system is obviously based on being reviewed,the owner or developer may request authoriza- economics. When the system is properly administered, con- tion to start construction. The building official may, under struction costs are controlled and a realistic construction sched- the provisions of, for example, the 1985 Uniform Building ule can be maintained. The quicker the building is ready for Code," . . . issue a permit for the construction of part of a occupancy,the sooner the returns on the investment begin. The building. . . before the entire plans for the whole basic cost of a particular structural system may be more expen- building. . . have been approved. . . This is usually,but not sive, but if the building completion date is earlier, the effect in necessarily, limited to a "foundation only" permit. Since the the final accounting could be a significant saving. While the construction documents have not been fully reviewed or ap- fast-track system is usually employed on large projects, it may proved,the owner should be made aware that any construction also be used for any type or size of project. will proceed at his own risk. Before the issuance of a partial permit,the building official should require the owner and archi- The selection of the construction team is made by the owner or tect or engineer to sign a statement similar to the following: developer.The contractor selected is a member of the team from This permit is issued to the undersigned owner with the the beginning of the project planning phase;this is a fundamental understanding that said owner assumes all responsibility for characteristic that distinguishes the fast-tract system from other the construction of the foundation and that the plans are techniques.The owner or developer may either select the archi- neither checked nor approved as to construction or as to the tect,who would recommend a structural engineer, or he would loads presumed to be carried on the same or as to the super- select the architect and the structural engineer individually.Once structure to be erected thereon.Before the foundation is used the construction team is complete, discussions necessary to or a permit issued for construction of any structure on the begin the actual design of the project are initiated under the foundation, the same must be made to conform with all re- direction of the owner or developer. quirements of the code and other applicable laws and ordi- Since a realistic time schedule is one of the easier ways to nances. control costs, the time sequence of the design phase of the The above statement refers only to the foundation construc- project is a crucial period. Preliminary architectural drawings tion.If other structural elements are allowed to be constructed, are prepared and the overall concept of the project is outlined. the statement should be revised to include those elements.When Included in the preliminary analysis are the possible uses of all a partial permit is issued and construction is interrupted or areas of the structure and the structural system to be employed. delayed, the building permit for the remainder of the building The preparation of the architectural and structural design pro- may be issued based on the code that was in effect at the time of ceed simultaneously,and the need for cooperation and coordina- the approval of the partial permit.The administrative provisions tion is critical. The structural engineer begins the sizing and for processing a partial permit should be established by the spacing of the vertical and lateral load-resisting structural sys- building official. tem based on the preliminary design concept. The architect The major responsibility of the building official during the begins the selection of the exit systems,fire-resistive protection period of construction, under the partial permit, is that it con- assemblies and the mechanical, electrical and plumbing sys- forms to the stamped plans. This control and acceptance of tems. Any unique architectural features such as precast curtain construction is accomplished by the code,required inspections walls or structural irregularities in plan or elevation are also by building department personnel and the special inspections considered.The shape and appearance of the project are brought and test reports specified in the construction documents. If into sharper focus. construction supervision by the structural engineer or his autho- The preparation of the construction documents requires dili- rized representative is provided,the burden of inspection may be gent supervision by the design professionals. The limits of the eased, but the responsibility of the building official remains. time schedule place added responsibility on the architect and Minor construction problems may easily be solved to the satis- structural engineer to prepare a clear and complete set of draw- faction of the owner, structural engineer and building official. ings. The quality of the plans should be the overwhelming The period of construction under partial permit should not ex- concern of all members of the construction team. While the tend any longer than it is necessary to review and approve the plans are being prepared, some revisions may be incorporated complete set of drawings. into the project. The architect may add assembly areas or relo- The construction documents used for the building permit are cate exit systems.The owner or developer may want to revise the the basis for any shop drawings the structural system may re- occupancy of certain areas,or budget considerations may result quire. This could introduce another element of uncertainty into in more spartan interior or exterior features.Alternate structural the construction phase. Approval of the shop drawings by the systems to allow added savings or ease of construction may be structural engineer or architect is an extremely important re- investigated.It is at this point in the schedule,when the project is sponsibility in the construction sequence. When the approved undergoing revisions, that coordination of the drawings is ex- drawings are complete and show all required details,shop draw- tremely necessary.There is an amazing correlation between the ings are usually not reviewed by the building official.Because of quality of the drawings and the function and appearance of the the rapid design sequence, some major areas of confusion be- completed project. tween the design drawings and the shop drawings could occur. { building, including the installation and testing of all electrical, ceeding application for a change of occupancy or use.For exam- mechanical and life-safety systems prior to issuance of any ple, a tenant space initially used as an office may,in the future, certificate of occupancy,even for the shell. become a retail or a wholesale store. Proposals may be made to Often the shell building is constructed under the fast-track convert office areas to storage or warehouse uses. Unless origi- process.This can complicate review and inspection procedures, nally designed for this possibility, the floors would become especially on large projects. One solution for facilitating the significantly overstressed. An office live load of 70 psf(includ- project is to designate a plan review and inspection coordinator ing movable partition loading) is considerably less than, for to deal with the developer, architect, engineer and contractor. example,light storage(125 psf)or even wholesale(100 psf). If This coordinator is involved in the process from the preliminary corridors have been designed for a specific location,they cannot review to completion.Utilization of a coordinator has the advan- be relocated without verifying that structural supports are ade- tage of saving time,minimizing misunderstandings and resolv- quate for the 100 psf corridor live load. ing field problems in a timely manner. Another structural aspect requiring review deals with lateral It may also be advantageous to utilize additional special in- design requirements for suspended ceilings. Lateral force brac- spectors on projects involving tenant improvements in buildings ing is required in addition to the vertical suspension wires. built by the fast-track method.This relieves some of the pressure Additionally, struts between main runners and structural sup- on the building department inspection personnel and ensures ports above are necessary to resist the vertical component of the better quality construction practices.Generally,each tenant im- bracing wires due, for example, to seismic motions. Lighting provement will require a separate permit and plan review. fixtures in suspended ceilings must be supported by the structure The structural review for shell buildings must consider the above. Special support requirements for the HVAC ductwork should be checked for compliance.In cases where the suspended differing live loads that may be encountered in the same build- ing. A typical tenant improvement building may contain more ceiling is used to provide support for partitions,the connections must be designed and detailed to meet lateral design require- than one use, each with its respective design live load. For menu of the code. r example, offices (50 psf with additional 20 psf for movable To summarize,the shell building presents a unique challenge partitions),retail sales(75 psf) and wholesale stores(100 psf). Sometimes the top stories are designed for apartment occupancy to the building official.But,it is a challenge that can be met with careful administration and attention to the nuances of this type of (40 psf)with lower levels intended for commercial tenant leases. In industrial shell buildings, the probable applicable live loads project. would be light manufacturing (75 psf), heavy manufacturing (125 psf), light storage (125 psf) and heavy storage (250 psf). Closure Appropriate minimum concentrated loads must also be consid- It has been my pleasure to explain to you some of the activities ered in the design. Irrespective of occupancy,the exit facilities of the International Conference of Building Officials and to must be designed for a minimum of 100 psf live load.It is,thus, share my views on the subject of building code administration, important that the project location of the corridors be delineated particularly in the areas involving more complex projects. As on the initial plans and structural elements be designed accord- stated,I believe strongly in the need for a competent peer review ingly. Some designers may choose to design the entire floor for of design and the need for equally competent field inspection. 100 psf live load where corridor locations are not known. These are the keys to code compliance, and they facilitate the Structural considerations should be made for each initial ten- newest construction technologies employed in fast-track Con- ant improvement permit. This must also be done for each suc- struction and in speculative building projects. w 0 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED July, 1986 Yr. to Date Previous Year Number Number Valuation Number Valuation Mo. Ytd. Single Fam-Sewered 7 31 2, 515 , 974 2 21 1, 498 , 260 Single Fam-Septic 2 12 1, 142 , 400 4 7 596, 611 Multiple Dwellings - 4 2, 890 , 000 7 917 , 600 (# Units) (YTD Units) (-) (100) - (-) (18) Dwelling Additions 10 36 207 , 034 7 30 115, 588 Other - 4 76 , 400 2 7 119 , 222 Comm New Bldgs - 4 8, 500 , 000 - 5 2, 090, 341 Comm Bldg. Addns - 3 887 , 267 1 11 9 , 806 , 010 Industrial-Sewered - - - - Ind-Sewered Addns - 2 4, 290 , 000 - 1 5, 475 r Industrial-Septic - - - - _ _ Ind-Septic Addns - - - - Accessory/Garages 2 14 77, 700 3 22 150 , 308 Signs & Fences 9 51 106 , 094 7 38 27, 688 Fireplaces/Wood Stove - 2 2, 677 5 11 , 380 - Grading/Foundation 1 11 322, 800 5 51 , 000 Remodeling (Res) 2 13 52, 800 4 14 47 , 795 Remodeling (Inst) - - - 1 1, 093 , 000 Remodeling (Comm/Ind) 3 30 5, 413 , 625 2 21 1, 655, 678 TOTAL TAXABLE 36 217 26, 484 , 771 32 205 17 , 092, 956 TOTAL INSTITUTIONAL - - - - 1 1, 093, 000 GRAND TOTAL 36 217 26, 484 , 771 32 206 18, 185 , 956 No. Ytd. No. Ytd. Variances 3 9 - 10 Conditional Use 3 22 3 21 Rezoning 2 2 _ 2 Moving - 2 Electric 36 183 28 160 Plbg & Htg 38 219 26 145 Razing Permits _ _ Residential Commercial Total dwelling units in City after completion of all construction permitted to date. . . . . . . 3 , 972 Cora Hullander Bldg. Dept. Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JULY, 1986 7147 Larry Mechtel 221 E. 7th Garage 4, 000 7148 Hardees 1107 E. lst Sign 200 7149 Paul Schwaesdahl 230 S . Lewis Alt. 1 , 000 7150 James Koehnen 1076 Ramsey Addn. 1, 400 7151 Siekmann Const. 1045 Shakopee Ave. House 53 , 000 1__ `9 A:i7.5" �sr 7152 Laurent Builders 1254 Tyler House 70 , 000 7153 Kevin Lake 1726 W. 12th _54_t� Addn. 1, 200 7154 Stan Pint 1225 Limestone Drive House 70 , 000 47 7155 Terry Born 1007 Shumway Addn. 1, 300 7156 Gil Lebens1213 Mad ' son St. House 78, 500 7157 Pat O 'Neill 1100 Pierce Addn. 3 , 300 7158 Brancale Const. 2340 Horizon Circle House 106, 000 7160 Signs of Quality 230 Lewis Sign 750 7161 Signs of Quality 230 Lewis Sign 200 7162 Eugene Pearson 112 Sommerville Sign 1 , 000 7163 Mary Ernst 202 W. 5th Garage 5, 500 7164 Clete Link 1224 Mon oe House 89 , 900 7165 Donald Dahl 1233 Tyler Addn 2, 000 7166 Kenneth Waldron 8537 Eagle Creek Blvd. Addn 25, 000 7167 Ronald Russell 8624 McGuire Court Alt 16 , 000 7168 Menke Const. 1120 Pie ce House 65, 000 7169 Kraus-Anderson 1244 Canterbury Rd. ign 100 7170 Michael Beard 8434 Horiz n Drive House 114 , 000 7171 Robert Dixon 1026 Monroe Addn 14 , 000 7172 Michael Rademacher 300 Spencer Addn 250 7173 Joseph Kruger 1115 Madison Alt. 4 , 500 7174 Herb Kohn 448 W. 1st Sign 3 , 000 7175 Fries & Wentzlaff 2402 Hauer Trail House 97, 000 7176 Pat O' Reilley 1005 Shawmut Fence 25 7177 Randall From 1006 Legion Fence 25 7178 Valley Fair Addn 1, 250 , 000 7179 Don Dahl 1187 Madison Addn 7, 889 7180 David Lay 22 Valley Haven Park Alt. 960 7181 S .M. Hentges 1513 W. 3rd Grading 100 7182 Kieffer Sign 1155 E . lst Ave. Sign 32, 000 7183 Armor Tank Lining 6896 Hwy 101 Alt. 4, 785 PROCEEDINGS OF THE DOWNTOWN AD HOC COMMITTEE Shakopee, Minnesota July 30 , 1986 Chrm. Laurent called the meeting to order at 7 : 40 a.m. with the following members present: Terry Forbord, Gary Laurent, Dan Steil, Jim Stillman, Joe Topic and Bill Wermerskirchen. Tim Keane arrived later. Absent: Don Martin, Mike Sortum, Pete Sames and Liaison Jerry Wampach. Also present were Barry Stock, Administrative Aide, Lou VanHout, SPUC Superintendent; Ken Ashfeld, City Engineer; John Anderson, City Administrator; Dick Koppy and Tim Erkkila, Westwood Engineering and Dennis Kraft, Community Development Director and Councilman John Leroux. Another item, #3 . 5 Survey for City Hall Site, was added to the agenda. Terry Forbord/Jim Stillman moved to approve the agenda with the above addition. Motion carried. Terry Forbord/Joe Topic moved to approve the minutes of the July 9 and July 16th, 1986 meeting. Motion carried. John Leroux, representing the City Hall Siting Committee, addressed the Committee regarding a luncheon meeting to discuss City Hall site which was held between members of the Downtown Committee and Jack Boarman, Architect for a new City Hall. Boarman has been directed to study the impact of a new city hall in the half block on which city hall is presently located. The Siting Committee will also ask for funds to conduct a survey of the downtown district including business people, citizens and the chamber of commerce to get more input about their feelings about the location of city hall downtown. The Siting Committee would like three members from the Downtown Committee to sit in and help draw up the questionnaire. Mr. Leroux encouraged Committee members to attend City Hall Siting Committee meetings. He cited the fact that in Block 47 , a business and several homes would have to be relocated, whereas, the Gorman Street site was clear of homestead land. Bill Wermerskirchen expressed his feelings that City Hall has been downtown for over 100 years and he would F. like some good reasons why it should be moved. Terry Forbord volunteered to sit in on the drawing up of the survey. Pres. Laurent assured Mr. Leroux that from one to three members would be present to help draft the questionnaire. Dick Koppy made some final recommendations regarding lighting for downtown. These recommendations included use of concrete poles and acorn luminaries with double fixtures at the corner and at the stairway on 2nd Ave. Lou VanHout- still has some reservations about the use of concrete poles but will go along with it if they are setback far- enough-- to prevent- damage. He also expressed a desire to sit dawn--with-someone and get a betterunderstandingof the scope and time - frame_-_ the = Committee is planning for installation of lighting improvements. Tim Keane arrived at 8 : 10 a.m. The Committee was asked to make final recommendations on street- scape elements. Pros and cons of the street jog were reviewed. Members in favor of including the jog; Jim Stillman, Joe Topic, Bill Wermerskirchen, Gary Laurent, Tim Keane and Dan Steil. Against; Terry Forbord. The Committee unanimously agreed on using linear brick along the sidewalk and within nodes causing a ribbon effect on either side of the sidewalk. Dan Steil left at 8 : 30 a.m. A unanimous decision was made to install cast iron tree grates and benches with wood slat seats and cast iron arms and legs. A reddish-black brick will be used to highlight the sidewalks and concrete poles will be smooth finish dark terrazzo. Sign poles, etc. will be a deep chocolate brown. Four kiosks will be added into the feasibility study costs. Tim Keane again brought up the desirability of having demarkations designating the point of entry to the City. The issue will be pursued at a later date. Dick Koppy pointed out to the members that the blue book estimate for street scape improvements in 1984 was $4. 1 million and he believes the total package now will be about $3 . 5 million. The City Administrator advised the Committee of the benefits associated with a petition approach and the ordering of a feasibility study on the downtown streetscape improvements. Mr. Anderson pointed out that 350 of the affected property owners signatures were needed in order to have the project petition initiated. A petition initiated project would require a 4/6 Council vote while a Council initiated project would require a Council majority vote ( 5/6 ) . Tim Keane/Jim Stillman moved to direct staff to prepare the necessary petitions and that the Downtown Committee support the circulation of the petitions. Motion carried. The next meeting will be held August 13 , 1986 at 7 : 30 a.m. Jim Stillman left at 9: 10 a.m. Tim Keane/Terry Forbord moved to meet with Ms. Hoy and attempt to negotiate a purchase price for the property known as the House of Hoy and Jabberwocky. Motion carried. Tim Keane/Terry Forbord--moved--to adjourn at 9: 15 a.m.-- Motion carried. _ Darleen Schesso==- Recording Secretary — MINUTES INDUSTRIAL COMMERCIAL COMMISSION SHAKOPEE, MINNESOTA JUNE 119 1986 MEMBERS PRESENT: Bud Berens Jane DuBois Al Furrie, Chairman Tim Keane Donald Koopmann Jim O'Neill MEMBERS ABSENT: John Manahan STAFF PRESENT: John Anderson, City Administrator Barry Stock, Administrative Aide Chairman Al Furrie called the meeting to order at 5: 15 p.m. and roll call was taken. MINUTES On a motion by Jim O'Neill, seconded by Tim Keane, the minutes of the May 14, 1986, meeting were approved. ONE-YEAR GOAL AND OBJECTIVES-FINAL APPROVAL At the May meeting, staff presented to the ICC a preliminary one-year economic development plan. Prior to the June meeting, each Commissioner received a refined copy of that plan which included identifying the various committees and sub-committees followed by a brief mission statement(goal) for each along with the primary objectives and tasks to be achieved by that committee or sub-committee during the year. Staff recommended approval of the plan as presented. On a motion by Tim Keane, seconded by Jim O'Neill, the Industrial Commercial Commission moved to recommend to City Council that the One-Year Economic Development Plan be approved as submitted. Motion carried unanimously. METROPOLITAN DEVELOPMENT INVESTMENT FRAMEWORK (MDIF) City Administrator John Anderson was present in response to discussion from the previous meeting on the MDIF and the ICC's concern that it would limit Shakopee's ability to expand and grow in terms of transportation schemes and sewer availability. Mr. Anderson spoke primarily to the concern of expanding sewer services. He illustrated on a map of the City a parcel of land which the Metro- politan Council had approved to be connected with sewer service in May, 1986, and land which the City proposed to be connected with sewer service by the year 2000. Mr. Anderson also explained that another parcel of land may be available for annexation into the City limits. If annexation occurs, this parcel would have sewer connection priority over some already developed parcels in the area pro- posed for service by the year 2000. Industrial Commercial Commission June 11 , 1986 Page 2 Mr. Anderson stated that basically the new sewer service line proposed would be the northern edge of the bypass with several minor exceptions. Discussion followed on the annexation process and storm sewer drainage. The City Administrator also informed the Commissioners that the City is petitioning the Metropolitan Council to change Shakopee's designation from "Freestanding Growth Center" to "Developing Area". He listed the criteria for each designation. Mr. Anderson pointed out that the Metropolitan Council created a new category, "A Major Regional Retail Center" and while Shakopee doesn't meet the criteria under their present definition of retail sales because they don't consider recreational amusement sales, Staff is going to push for that change in an effort to strengthen the argument for a linking highway system. Discussion on the status of the highway system followed. OTHER BUSINESS The City Administrator informed the Commissioners that a new Community Develop- ment Director, Mr. Dennis Kraft, has been hired, and a new Planning Director should be hired in the near future. Mr. Anderson announced that expansion plans for the mall are still on track. Eighty to ninety percent of the proposed expansion area has been spoken for and will include the double hockey rinks, twin theaters, eateries, et cetera. Commissioner O'Neill asked about the new convenience center proposed for Highway 17. Staff believes this will be an L-shaped strip of shops and not an enclosed mall. Discussion followed. Mr. Anderson told the Commissioners that the Chamber of Commerce approached the City Council about a lodging tax to generate money from new hotel/motel rooms and camp grounds to fund a new Chamber office and convention bureau office. City Council requested a proposed budget from the Chamber prior to their drafting the ordinance. Discussion followed on promoting off-season tourism for Shakopee. Commissioner Keane reported that the Tourism committee of the Chamber of Commerce cosponsored a Group Sales Hospitality event (i.e. travel agents, tour group sponsors, etc) for over 200 representatives from throughout the State informing them of the attractions Shakopee has to offer. Commissioner Keane noted that the average busload of tourists spends between three and four thousand dollars per day in money that comes into the community for events, meals, souvenirs, et cetera. The City Administrator advised the Commissioners that the State is sponsoring a Health Walk for two to four hundred people to walk from Shakopee to Chaska and back on June 19th. On a motion by Tim Keane, seconded by Jim O'Neill, the ICC meeting was adjourned at 6:30 p.m. Respectfully submitted, Judy Hughes Recording Secretary MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on June 30, 1986 at 4:30 P.M. in the Utilities meeting room. Commissioner Cook offered a prayer for divine guidance in the deliberations of the Commission. MEMBERS PRESENT: Commissioners Cook, Kirchmeier and Kephart. Also Liaison Wampach, Manager Van Hout and Secretary Menden. Motion by Kirchmeier, seconded by Kephart that the minutes of the June 2, 1986 regular meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20,032.00 ACG, Inc. 27,728.12 American Casting and Mfg Corp. 581.01 Athmann Industrial Medical Supplies, Inc. 44.80 Bergstad Properties 137.76 Bills Toggery 72.46 Border States Electric Supply Co. 3,233.95 Boustead Electric and Manufacturing Co. 70.53 Burmeister Electric Supply 525.55 CEI Sales 147.25 Carlson Hardware Co. 20.56 City of Shakopee 734.50 City of Shakopee 9,449.31 City of Shakopee 42.84 Clays Printing Service 67.25 Dicks Conoco 14.00 Excel Office Products Inc. 148.23 Feed Rite Controls, Inc. 409.51 Glenwood Inglewood 13.10 W.W. Goetsch 116.07 Graybar Electric Co. , Inc. 1,341.65 H & C Electric Supply Co. 934.64 Harmons Hardware 7.04 Hayden Murphy Equipment Co. 27.50 Mary Lou Henderson 27.74 Henningson Durman and Richardson 1,426.67 S.M. Hentges and Sons, Inc. 1,200.00 Jerome Jaspers and Co. 6,400.00 LaHass Mfg and Sales, Inc. 2,527.00 Leef Bros. , Inc. 20.00 Link Print 69.60 Locators and Suppliers 194.50 Vincent Marschall 70.11 Minn. Environmental Quality Board 253.69 Minnesota Plumbing and Heating 4.30 Minnesota Valley Testing Laboratories 13.60 Ted Neisen 242.00 Northern States Power Co. 1,759.34 Northern States Power Co. 343,074.36 Northern States Power Co. 332.32 Northland Electric Supply Co. 25.76 Northstar Water works 189.38 Plehal Blacktopping 619.35 Ranger Products 51.71 E.H. Renner and Sons, Inc. 44,238.42 Reynolds Welding Supply Co. 3.41 Scott County Recorder 10.00 Schoell and Madsen, Inc. 3,845.13 Shakopee Public Utilities Commission 137.86 Shakopee Services 22.00 Tom Siebenaler 150.00 Total Tool 428.86 Starks Cleaning Services 53.40 State of Minnesota, Dept. of Public Service 23.00 Southwest Suburban Publishing Inc. 124.84 TMI, inc. 1,458.25 Lou Van Hout 758.40 Viking Safety Products 24.94 Viking Steel Products, Inc. 50.10 Voss Electric Supply Co. 204.00 Water Products Co. 1,126.79 Wesco 183.10 Mr. Ken Adolf, Schoell and Madsen, was present to answer any questions regarding bills submitted for the tank painting or for ta'ater Supply Well #7. Motion by Kephart, seconded by Kirchemeier that the bills be allowed and ordered paid. Motion carried. The problems with looping the watermain for the Eagle Creek Junction watermain was discussed. The Manager presented his comments and recommendations on the issue. A discussion followed. The commission reiterated their motion of the May 5, 1986 regular meeting which required the watermain to be looped to County Road 16 with a separate water line, if the plat exceeds the R 2 zoning. Since the area is now proposed for multiple dwelling the watermain should be looped. The Fourth Avenue reconstruction project from Filmore to Scott Street was discussed. The depth of the watermain and replacement costs were discussed. The consensus was that in the case of watermains currently having less than 6 feet of cover, the Shakopee Public Utilities Commission would pay for replacement costs including both materials and labor; in the case of pipe that was now at least six feet deep, but which due to new road grades, would no longer have six feet of cover, and which was older than 50 years the Shakopee Public Utilities Commission will pay for replacement costs on the materials only. Manager Van Hout presented a request from Scott Court services regarding placement of kids to work off sentences doing community service work. The consensus was to leave the decision to use such workers at the manager's option. Liaison Wampach presented his report. Commissioner Kirchmeier questioned as to the status of a new City Hall. 1, b Manager Van Hout presented a report on the Minnesota Municipal Utilities Association meeting. He recommended to the Commission that we do more Public relations work with our customers through stuffers and advertising. Manager Van Hout reported on a tour done by the downtown lighting committee, their consulting engineer and himself, regarding different types and levels of lighting in different metropolitan areas. Two purchases of over minimum amount were reported by Manager Van Hout. Six radios were purchased for a total purchase of $7,902. 00. Two resolutions regarding oversizing and a trunk water charge were tabled until our next regular meeting. City Treasurer, Greg Voxland, has verbally informed of an increase of 13% in our insurance renewal rates. There were no new plats for June, 1986. There were 5 fire calls for a total of 5 hours and 50 minutes. There were no lost itme accidents for June, 1986. The next regular meeting for the Shakopee Public Utilities Commission will be held on August 4, 1986 at 4:30 PM in the Utilities meeting room. 1U Members of the City Council and City Hall arrived for a joint meeting scheduled for 7:oo PM. Mayor Reinke opened the Council meeting with Councilman Wampach, Colligan, and Leroux present. Also present were City Administrator, John Anderson, City Clerk, udy Cox, City Engineer, Ken Ashfield. Council conducted some business which did not involve the Utilities Commission. The traffic signal maintenance process was discussed. The City Administrator and Utilities Manager will draft an agreement between City Council and Utility Commission which will clarify the responsibilities for each party. The Utilities Commission will continue to replace lamps when notified of burned out lamps, but will not be responsible for monitoring the signals. The response time after notice of burned out lamps will be investigated to determine what is the practical norm of other cities in the area. An accounting changes for the cost of street lighting was discussed. Presently, the Utilities provides the electric energy and the maintenance on the street lights without charge to the City of Shakopee. The suggestion is that the City be billed for these costs and, in time, the Utilities then contribute that much additional to the City of Shakopee general fund. The Utilities Commission concern was that they had provided this service and absorbed these costs for many years and felt if such a change is made it should be acknowledged in the audit report that the street lighting cost is still being absorbed by the Utilities. Another concern was the control of the operation and maintenance of the street light system. The consensus was to have a draft of the proposed changes drawn up to specify the accounting transfer, but to state the operation and maintenance discretion to remain unchanged. The possibility of adopting an ordinance making it possible for unpaid utility bills by property owners or tennants to become a tax lien was discussed. City attorney will be asked to re-draft and return the language to Council and Commission. The moving of the Shakopee Public Utilities Commission pole yard was discussed. The poles will be moved to the intended storage yard located at the site of the water tower on County Road 83 as long as there is no zoning conflict. The location of dumpsters behind the Shakopee Public Utilities Commission building for the City's Spring clean-up program was discussed. The dumpsters will be located there next year, but effort will be made to confine the area, monitor the dumping, and clean-up the area after use. The possibility of the temporary use of the Shakopee Public Utilities Commission meeting room for City Council and other City committee meetings was discussed. The consensus of the Council was to not use the room due to its size and the number of City committee meetings. The relocation policy was discussed. Projects currently in process are Fourth Avenue from Shenandoah to County Road 83, and -Fourth Avenue from Filmore to Scott. Discussion continued over the relationship for paying the costs; and to the possible betterment of the water system in some cases. The Commission proposed an arrangement whereby costs to relocate a watermain due to street work would be determined by: a} pipe having less than six feet of cover would be reconstructed at Shakopee Public /b Utilities Commission cost for both material and labor. b) pipe having more than six feet of cover now, but which would have less than six feet after the street was re-done, would be relocated at Shakopee Public Utilities Commission cost for material only, if it was over 50 years old, and at no cost paid by Shakopee Public Utilities Commission if the pipe was less than 50 years old. The handling of insurance claims was discussed. Consensus was that each party would handle claims made against them, both in paying costs and in administering the claims process. The Public Improvement Projects coordination checklist which had been adopted by resolution a few years ago was briefly reviewed. The consensus of all was that it appeared to be working. The Commission advised Council of some concerns they had about the current tendency for developers to start construction of public facilities before final approval of plans had been given. The possiblility of putting garbage billing on Shakopee Public Utilities Commission bills in areas of the city not served by electric was considered. The consensus of the Commission was to agree to do so, if asked by the Council after the matter is checked further by the City Staff. Motion to adjourn the Shakopee Public Utilities Meeting by Kirchmeier, seconded by Kephart. Motion carried. The City Council meeting continued. Barbara Menden, Commission Secretary 1 i a ti i 1 t PROCEEDINGS OF THE ENERGY AND TRANSPORTATION COMMITTEE Regular Session Shakopee, Minnesota June 19 , 1986 Due to the lack of business , the Energy and Transportation Committee did not meet on June 19 , 1986 . The next regular session of the Energy and Transportation Committee is scheduled for July 17 , 1986 at 7 : 30 P.M. in the Shakopee City Council Chambers. 1 PROCEEDINGS OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE REGULAR SESSION SHAKOPEE, MINNESOTA MAY 15, 1986 Chairman Ziegler called the meeting to order at 7:30 p.m. with Commissioners Allen, Schmidt, Spiotta, and Weeks present. Barry Stock, Administrative Aide, was also present. Commissioners McNeil and Swartz were absent. Schmidt/Allen moved to approve the minutes of March 20 and April 17, 1986, as kept. Motion carried unanimously. Barry Stock informed the Commission that the following policies have been implemented to insure access to the Dial-A-Ride (DAR) program by Shakopee's senior citizens: 1 . Each DAR vehicle carries a step stool which is placed out by the driver-,to assist senior citizens in boarding the vehicles. 2. DAR drivers will continue to educate all riders on how to board the vehicles in a safe manner. 3. Drivers are instructed to inform all riders that they should fasten their seat belt. 4. To make boarding easier, grab bars have been installed in each vehicle. He indicated that the only problem that has occurred is that a DAR rider bumped her eyeglasses against the van door and damaged them. Kare Kabs contacted the rider and is covering the repair cost to her satisfaction. Otherwise, the program is running very smoothly. The Commissioners then reviewed the DAR and Van Pool monthly reports. Discussion followed on the ideal subsidy per passenger trip and various ways to lower the present subsidy. Mr. Stock presented the minutes from the March 12, 1986, meeting of the Scott County Solid Waste Advisory Committee. He noted that Requests for Proposal are being prepared, and that the Committee is looking at a combination facility which would separate recyclables and send the remaining waste to a pelletizer. He also noted that the Committee is recommending Scott County work together with Carver County and consolidate their wastes. Discussion then turned to the possibility of implementing an office paper recycling program in Shakopee. Barry Stock explained that money for the program may be available through a demonstration grant program which would provide funding for up to 75% of the eligible costs. Plans for the grant include the implementation of a demonstration high grade office paper recycling program for the public and parochial schools, Courthouse, Women's Correctional Facility, and City Hall. Staff is presently waiting to receive more specific criteria for the grant program. Pending grant approval, October 1 , 1986, is the projected start-up date for the program. Energy & Transportation Committee May 15, 1986 Page 2 Barry Stock informed the Commissioners that the continuation of the Minneapolis/ U of M Flex Van Pool is in jeopardy due to the decrease in ridership and lack of a back-up driver. He presented four alternatives and the problems presented in each case. Discussion followed. Commissioner Schmidt suggested that the high school seniors be contacted to make them aware of the possibility of getting rides to the U of M, Normandale, or other downtown schools such as Dunwoody and the School of Business. Staff will follow up on this suggestion and will keep the Commissioners informed on the status of the Flex Van Pool. Each Commissioner received a certificate from Governor Perpich commending them for their contributions towards conserving energy in Minnesota and in honor of Volunteer Recognition Week in Minnesota. Mr. Stock noted that the June meeting may be cancelled due to lack of business. He will advise the Commissioners of the meeting status in June. Spiotta/Schmidt moved to adjourn the meeting at 8 p.m. Motion carried unanimously. Barry Stock Judy Hughes Administrative Aide Recording Secretary Transit/Recycling Coordinator /01z TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota August 21, 1986 Chrm. Ziegler presiding: 1. Roll Call at 7 : 30 P.M. 2 . Approval of Minutes - May 15 , 1986 & June 19 , 1986 3 . Informational Items: A. Amending Dial-A-Ride Contract - Back-up Vehicle B. Scott County Solid Waste Advisory Committee- Update C. Recycling Grant Availability - Update D. Dial-A-Ride Monthly Report E. Van Pool Monthly Report F. City Hall Siting Committee - Update G. By-Monthly Meeting Schedule 4. Other Business A. Next Meeting - October 16 , 1986 B. 5 . Adjournment Barry A. Stock Admin. Aide CITY OF SHAKOPEE SHAKOPEE COALITION /✓ MEETING - AUGUST 7, 1986 The meeting was called to order at 7:00 AM by Chairman Brian Norris in the Citizens State Bank Community Room. Members Present: Claude Kolb (Knights of Columbus), Sr Jo Lambert (St. Francis Reg. Medical Center) , John K. Anderson (City Of Shakopee) , Virgil Mears (School District #720) , Mary Sullivan (Scott/Carver/ Dakota Economic Council) , Joan Salter (Food Shelf), Brian Norris Citizens State Bank), and George Muenchow (Shakopee Community Services). Joan Salter reported on the Food Shelf. Despite this being the summer months, the numbers of users are not down! 190 families in the two counties were served in July. Shakopee alone accounted for 49 families. Donations in summer are not good. Fresh vegetables are acceptable. Home canned goods are not. Chairman Norris reported that he and Joan Salter had met with the Shakopee Valley News representative and were working on a "You Can Help" column. They are attempting to locate a senior citizen who would serve as a promotor of this effort. Names of persons who have previously attended Coalition Meetings were distributed. They will be contacted and encouraged to keep attending. Motion by Anderson, Seconded by Salter, and carried to select Jackie Kes as Volunteer Of The Month for September. Nancy Delin, Early Childhood and Family Education Coordinator for Scott and Carver County Schools, was introduced. She gave an overview of this new, highly successful program. Adult help with parenting was previously known as Parenting Classes and held in Shakopee. The Minnesota State Department Of Education conducted some trial programs in ECFE. Shakopee and neighboring school districts adopted this program in 1986 with 12,185 being served. Nancy currently supervises a staff of 18 people. a. Parents still are the kids prime teachers. b. ECFE gives ideas, not answers C. In 1986 300 school districts out of potential of 435 were conducting ECFE Programs. d. It can be shown that parents that are involved with their pre-school kids are more than likely involved with them thereafter. e. Classes are held when parents and child can attend. f. Creative scheduling is needed because of so many parents working outside of the home. g. The Shakopee program is moving from its location this past year in the Central Elementary School to the Jr H.S. h. Program focuses on families with children from bith to age five. It is not day- care, nursery school, pre-school, early kindergarten, or a program for children only. It is for parents and kids. i. Financially the Shakopee School District local match about equals the state aid. j. Shakopee's lead teacher is Sandy Coder who was one of the six originally trial program instructors for the State of Minnesota. She was working in Backus, Minnesota. We are fortunate to have her innovative services. k. Shakopee has had phenominal growth this year. There will be an Open House for ECFE at the Jr High School on September 10. This year there will be one new class entitled "New Neighbors" geared towards Shakopee newcomers with young children. 1. The program has an Advisory Council and works very closely with Shakopee Community Services and other agencies. z A discussion was held on the topic of how nice it would be to have a similar program for parents with Teenagers. A meeting was adjourned at 8:00 AM. Res ectfully submitted, George F. Muenchow, Acting Secty. F • F • F • F F • F F F F F F F F F A F F F A F F F A F F F A F • A F F F F-0 F ,{, • R 1 U'.U. • F F W W W W W W W W W W W w W N N N W N N N N • '• "„"r^ r a C u; r•p 1R PN + ro •• r�Orr ♦• WvrrW•p rW•0CI P0 VnoD,UUI WCIrV Nor�D -•UrN 0 P ` l7 z P ANofJ NIO * Nr0 W ro ONO nU P V 2r,:CCnx CR.T HTZr Tt-I VCm- SV V T CC 'CTT V CV C 1"` O m D x m a C rC m c 0 m-42 xxmGxm�+zm-1 V C GCC m ZOrimmm aCD 20 .. 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N UI too a J :A ,DOr P'r rO W p'Or m0D,V:O •r ,• • • :• • • • • • • '• • • 1 • • • • • • • • • • :• • • • • 1 :• a O'O to V O'O O O W N Ln :N H O O m N N I-O W-O N O O N N'O 2 'O .p O O.O V .D 0'.0 0 O D, N'. N ID O O O N." O 4 A O r O N V 0.p 0 C) a 1 � to m p: N r .P D, T M 0 W%0 C3 W :m m'� N Q,. N o O A N T,D r C, fT T O .y N i 1 � MEMO TO: John K. Anderson, City Administrator FROM: Judi Simac, City Planner RE: Informational Items for City Council DATE: August 15, 1986 1. Comprehensive Plan Amendment for Mini By-Pass Steve Alderson, Transportation Planner at Met Council, has indicated that the proposed Mini By-Pass will be subject to Met Council review in the form of a Comprehensive Plan Amendment. The reason for this is that the improvement is shifting the alignment of a metropolitan highway system. Mr. Alderson assured me that the process would be the short 10 day review as opposed to the 90 day systems review. 2. Denial of C.U.P. for Roy Marschall At the August 5th meeting Council adopted C.U.P. Resolution of the City Council No. - CC 456 which denied a conditional use permit for Roy Marschall to move in a mobile home on a farmstead for a non-family member to live in. Councilman Leroux had suggested that a Resolution of Denial listing the reasons should be adopted by Council. Since the requested conditional use is not listed as a permitted conditional use in the district denial does not have to site specific reasons or conditions as to why it was denied. The code did not provide any basis for the request, other than if the use variance requested by Mr. Marschall had been approved or the City Code had been amended. 3 . Proposed plat South of 11th Avenue and East of County Road 79 (Canterbury Estates) The developers have met with staff several times in the past few weeks to discuss the platting of the above referenced property. Councilman Leroux participated in one of the meetings to comment on the City' s goals for this major residential development. Staff had expected to receive a complete preliminary plat application on August 12th for a public hearing by the Planning Commission on September 4th. The developer ' s engineer has submitted a drawing (which doesn' t include the whole parcel) as a preliminary plat, which the City Planner rejected. The drawing is available at City Hall if Council members wish to see it. Judi Simac and Ken Ashfeld met with the developers (Mr. Wetterlin and Mr. Roeglin) and their Engineer (Larry Samstad) on August 14th to again review what information was necessary for a preliminary plat submittal (grading, utilities, streets, etc. ) . The preliminary plat of South Parkview 1st Addn. was shown to them as an example of what is expected as a submittal. The engineer seems hesitant to i 15 design the plat until the Planning Commission "lets him know what they want" . Staff advised the developer that the Planning Commission wants to review plats, not design them at a public meeting. The City Planner advised them that they could submit a concept plan by August 20th for the September 4th agenda, but it would be a discussion item only. The engineer seems frustrated by the fact that staff can' t tell him precisely where to locate 13th Avenue or the drainage corridor. However the City Engineer has given him enough information and assistance that a plat could be prepared. City staff is frustrated because it appears that the developers have not read the subdivision ordinance, nor have much experience in preparing plats. Staff did suggest to the developer that they may want to consider hiring a land planner to assist the engineer in designing the plat. City Council members may be receiving some feedback from the developers regarding the platting process. Council members may have some suggestions for dealing with the developer, which would be appreciated by staff . PHILIPP FUNERAL HOME Established 1860 205 West 4th Avenue Shakopee, Minnesota 55379 �1u;Z. ._r. John Anderson City Administrator uit'y ha -L 1201 E. 1st Ave. Sha kopee, Linn_ 55379 dear John: I +�ish to express my thanks for the excellent coo�eratioi7 the storm sewer crew &;ave me during the John I;em-':ers=_schen f uneral. every th ing went very sraoothl'y. i trust the sane will be true when the Fourth Ave. reconstruction beL-ins. Thanks a;ain. Sincerely, Tom ='hili-pp v l r �) j f TENTATIVE AGENDA ADJ .REG.SESSION SHAKOPEE, ' MINNESOTA AUGUST 19 , 1986 Mayor Reinke presiding 11 Roll Call at 7 : 00 P .M. 21 Recess for H.R.A. Meeting 31 Reconvene 41 Liaison Reports from Councilmembers 51 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 61 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. ) *71 Approval of the Minutes of August 5 , 1986 81 Communications: (Items noted for consent will be received and filed) a] Assoc . of Metro Municipalities re : transportation advisory Board nominations b] 9] Public Hearings: None 10] Boards and Commissions : None 11] Reports from Staff: [Council will take a 10 minute break around 9 :00 P .M. ] a] By-Laws of Shakopee Fire Department *b] Canterbury Square Connection to Sanitary Sewer at NE Corner of CR-83 and 12th Avenue c] Petition for Annexation of Josephine Vierling Estate #d] Property Acquisition Policies - see HRA #3 #e] Marschall Road Reconstruction S of 11th Avenue f] 86-1 Holmes St. Laterals Charge Order No. 1 for $1 , 600.00 g] Sanitary Sewer Service Rehabilitation #h] Storm Water Management Planning for Upper Valley & Deans Lake i] Railroad Crossing Improvements " j] 86-7 Second Ave . Pkg Lot Landscaping Change Order No. 1 for $1 , 540.00 *k] Street Lighting CSAI-16 at CR-89 and CR-83 1] Approve Bills in Amount of $517 , 252. 47 #m] South Parkview 1st Add'n. Letter of Credit *n] Capital Expenditure - Administration J04eJgSTuTwpy .1�4TO uosjapuv '}I uuor uoTssasxjjoM 4a$png - •W• d 00: L 4P 986T `9z gsn23ny `j�-epsans oq ujnoCpV [9Z auanuooaU [ST [ •uTN +Oz] uoT4P2T4TT BuTpuad ssnosip 04 uoTssaS anTqnoaxg jog ssaoag [til [P [o -,-v 7 Cj [q :ssauTsng .zau40 [£Z 4uujnu,4sag -V go uoT4TuTJaQ Gq4 puU saTPS jonbTq kepunS off. GAT4'eTag apoO 4TO auDl $uTpuauJV ` 50Z 'ON 'PJ0 [u 4S JGTTn,g oq ' 4S GJOwTTT9 u OJJ (anuaAV ggjno3) 9l-T-IVSD uo spun3 SXSW go a.zn4Tpuadxg BuTzTjou4nV ` z09Z -ON •saH [� 4a?Png 996T a1I4 2�uTPuawV `8092 'ON ' sal3 [J# s4TwJGd $u'PTTng go aou-enssl au4 JOJ ssaoo.ad 2uT3,1oeJl 4s'e3 V g4JOI 2=44aS ` 5092 -ON 'sa23 [a, aTnpegoS aa3 986T 2?uTpuawV `V09E 'ON 'saH [P* JGT�aTZ qog o4 uoi4uioaj ddV go uoT4nTosag V ` T09Z 'ON 'sag [o zasuaqsT,zuO sCoueN 04 uoT��ToajddV go uoTgnTosaU V `0092 *ON •saU [q s}IojiG uugS o4 uoT4*eToajddV go uoi4nTosag V ` 66Sz 'ON 'sGH Lu : sasupuTpio pu-e suoT-nTosag [ZZ -Z- a'81ed 986T ` 6Z 4s7l2nV VgigZDV aAIlVINHI TENTATIVE AGENDA Housing and Redevelopment Authority in and for the City of Shakopee, Minnesota Adjourned Regular Session August 19 , 1986 Chairman Wampach presiding: 1 . Roll Call at 7 : 00 P.M. 2 . Approval of Minutes of August 5 , 1986 3 . Consideration of Property Acquisition Policies a) Adoption of policies b) Appointment of Council/HRA negotiating team member for 1986 4 . Authorization to negotiate for acquisition of properties a) House of Hoy b) Kallevig Property 5 . Other Business 6 . Adjourn Dennis R. Kraft Executive Director PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 5 , 1986 Chairman Wampach called the meeting to order at 7 : 03 p.m. with Comm. Lebens, Vierling, Colligan and Leroux present. Also present were John K. Anderson, City Administrator; Judith S. Cox, City Clerk; Judi Simac, City Planner; Ken Ashfeld, City Engineer; Dennis Kraft, Community Development Director; Julius A. Coller, II , City Attorney; and Mayor Reinke. Colligan/Leroux moved to approve the minutes of July 1, and July 22 , 1986 . Motion carried unanimously. Leroux/Vierling offered Resolution No. 86-9, to appoint Dennis R. Kraft as Executive Director and Responsible Authority for the Shakopee Housing and Redevelopment Authority to Comply With The Minnesota Government Data Practices Act and moved its adoption. Motion carried unanimously. The Community Development Director reviewed the draft Voluntary Property Acquisition Policy guidelines. Comm. Lebens asked the question of "Where the Funds will be coming from" and stated that it should be included in the policy guidelines. Comm. Leroux stated that in the event there is more than one appraisal done on a piece of property the City will only be responsible to pay for one. He stated that this should also be included in the policy guidelines . Leroux/Vierling moved to direct the City Administrator to prepare a final draft of the property acquisition policy as discussed with the addition that the second appraisal be at the cost of the seller of the property, and that the source of funding be identified. The Community Development Director reviewed the House of Hoy Appraisal Report. He said that it was the opinion of the appraiser that the best use of the property would be to have the building removed. The Downtown Committee indicated that the acquisition of the property would relieve some of the traffic congestion on First Avenue. Discussion ensued on the source of funding for the acquisition of this property. Comm. Leroux stated that in regards to the purchase of the Kallevig property (Lot 1, Block 2 ) that there is presently no formal indication that MnDOT will approve the "mini by-pass" and bridge project. Leroux/Colligan moved to table the House of Hoy and the Kallevig property acquisition until we have additional information to provided regarding -acquisition procedures. Motion carried unanimously. Colligan/Lebens moved to adjourn to August 19 , 1986 . Motion carried unanimously. Carol L. Schultz Recording Secretary MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis Kraft, Executive Director RE: Amended Draft of a Set of Property Acquisition Policies DATE: August 12 , 1986 Introduction- Significant physical changes will be taking place in Shakopee in the near future. It is anticipated that, as part of the processes of road construction and redevelopment, numerous parcels of property will be acquired. In the interest of attempting to treat everyone in a fair and equitable manner, it is in the best interest of the City/HRA to adopt a set of general policies and procedures which will relate to all properties to be acquired. When the City acquires real property it neither wants to take advantage of potential sellers nor does it want to be taken advantage of. In its role as custodian of public funds the City is, held responsible for the proper and prudent expenditure of those funds. General Guidelines: The guidelines discussed below will foster fair, equal and impartial treatment of all parties involved in the property acquisition process. These guidelines should also avoid situations whereby individual Council members are put in an uncomfortable position by constituents or friends who are involved in selling property to the City/HRA. A uniform procedure for property acquisitions will also be in the City' s best interest if litigation later arises as a result of the property acquisition process. In negotiating for the acquisition of property it is desireable to have a competent third person provide an indicator of property value. In most instances, this information will be provided by a qualified property appraiser. Under certain circumstances, e.g. where property of limited value is being purchased, information on value might be provided by the County Assessor. In complex property transactions two or more appraisals might be obtained as a part of the acquisition process. It might also be desirable under those circumstances, to hire a review appraiser who will verify the validity of the appraisal procedures utilized and also review the appraisals for accuracy or errors in judgement. All final decisions to purchase property will be made by either the City Council or the Housing and Redevelopment Authority in the form of authorizing a purchase agreement. Neither the City Council nor the Housing and Redevelopment Authority will delegate final property purchase authority. It is, however, desirable not to have the City Council or the Housing Redevelopment Authority directly involved in every step of the property acquisition process. Appraisals and other related information which are obtained for purposes of negotiating for property acquisition are not considered public information under the Freedom of Information Act. This information can legally remain confidential. It is suggested that a negotiating team, consisting of the City Administrator, the Assistant City Attorney, and the Community Development Director, be directly involved in the real estate property acquisition process. One member of the City Council/HRA will also participate in the negotiating process and function in an oversight capacity. Council/HRA members shall be appointed on a rotating basis to serve on the negotiating team. In certain instances other staff persons as designated by the City Administrator, or other real estate experts might also be involved in the process. These property acquisition policies address the voluntary acquisition of property using non-federal funding, Involuntary acquisition ( eminent domain) of property using non-federal funding or voluntary or involuntary acquisition of property using federal funding will be the subject of another set of policies if conditions warrant the acquisition of property under those circumstances. Conflict of Interest Any member of the City Council/HRA or employee or agent of the City/HRA who has an interest in a property under consideration for acquisition shall: a. Abstain from voting when the proposal is considered. b. Submit a public disclosure of his/her interest in the property at the time the property acquisition process is officially authorized by the City Council/HRA. Procedures Voluntary Property Acquisition The following procedures are recommended for Council consideration for the purchase of real property in those circumstances where the property owner is voluntarily selling their property to the City. 1. The City Council/HRA would initially authorize the City Administrator to negotiate for the acquisition of a particular parcel of property, and specifically set the parameters for negotiation. The City Administrator would submit a report to the City Council identifying the probable source( s ) of funding for the proposed acquisition. 1 � 2 . In those instances where clear title to the property cannot be provided by the seller, the City Attorney may be directed to conduct a title search of the property to insure that the City is , in fact, negotiating with an owner who possesses marketable title, and who can actually convey the property once the satisfactory agreement has been negotiated. (If the City were to negotiate with someone not having marketable title this could result in a considerable amount of time and money being wasted. ) 3 . The negotiating team, as previously described, would determine the specific procedures to be used for the property acquisition and would then select the necessary third parties to provide an independent indicator of property value. This would, in most instances, be a qualified real estate appraiser, but could also be either the County Assessor, and, under certain circumstances, might also include the hiring of a qualified review appraiser. The Council/HRA would authorize the hiring of the recommended appraiser. If the prospective seller of the property desires an independent real estate appraisal, the City shall not pay for this appraisal. 4 . Once the property value is determined to the satisfaction of the negotiating team, the process of negotiating with the seller of the property would begin. 5 . At such time as a mutually acceptable price is negotiated for the property the negotiating team will prepare a background report on the property and will also present a draft purchase agreement to the City Council/HRA at an executive session. a. If Council/HRA agree to the draft purchase agreement it will receive formal action at a regular meeting. 6 . At such time as the purchase agreement is authorized by the City Council, the City Administrator will then be responsible for completing the required steps leading up to the City obtaining valid title to the property. Property Acquisition by Condemnation (eminent domain) The City/HRA will make every reasonable effort to acquire property through negotiate agreements, however, under certain circumstances this is not possible. In those instances the process of eminent domain (condemnation) will have to be used. If the City/HRA has to resort to the use of eminent domain it will impartially protect the interests of all concerned parties by paying fair prices to owners, and will use acquisition methods and practices in such a way as to minimize hardship to owners and tenants. Property rights of possession will not have to be surrendered by any owner until compensation for the property to be acquired has been paid in accordance with the constitution and the laws of the State of Minnesota. No person occupying property will be required to surrender possession without at least 90 days written notice from the City/HRA. Procedures will be similar to those described for voluntary property acquisition except that the rights of owners and tenants as provided for under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) , as amended, will be observed. The Uniform Act provides the following: ( 1) Payment for Moving Expenses This will be either a fixed payment, including dislocation allowance, of up to $500, or a payment for actual moving costs. ( 2 ) Replacement Housing Payment This may be a payment of up to $13 ,000 to purchase a home or a payment of up to $4, 000 to rent a dwelling. ( 3 ) Fixed Payment in Lieu of Moving and Related Expenses The owner of rental property may be eligible for this payment, which ranges from $2, 500 to $10 , 000 . If the rental property to be acquired qualifies for this payment, the amount of benefits to be received is determined by the income received during the two previous tax years. Alternatives: ( 1) To adopt the above - mentioned set of property acquisition procedures. ( 2 ) Continue with the present procedure of acquiring property by not utilizing a standardized set of guidelines and procedures. Action Requested: Move to adopt the property acquisition policies as set forth in the memo dated August 12 , 1986 from the HRA Executive Director. MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Appointment of Council/HRA Negotiating Team Member for 1986-1987 DATE: August 15 , 1986 Introduction and Background: The property acquisition policy provides for the appointment of one Council/HRA member to serve on the negotiating team. Pending HRA approval of the property acquisition policy, it would be appropriate for the authority to consider the appointment of a HRA member who will serve on the negotiation team as a representative of the Council/HRA. Staff is recommending that the Council/HRA representative serve a one-year term on the negotiating team. Alternatives - 1. Appoint one member of the HRA to serve a one-year term on the property acquisition negotiating team. 2 . Do nothing. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to appoint one member of the HRA to serve a one-year term on the property acquisition negotiating team. tw MEMO TO: Shakopee Housing and Redevelopment Authority (HRA) FROM: Dennis R. Kraft, Executive Director RE: Request to acquire property (House of Hoy) DATE: August 14 , 1986 Introduction- On June 13 , 1986 , the City of Shakopee ordered an appraisal on the property owned by Ms. Delores Hoy, more commonly referred to as the House of Hoy and Jabberwocky. The appraisal was ordered to ascertain the highest and best use and value of the property in question. Said property includes 76 ft. of frontage on First Avenue. Background: On July 29 , 1986 the City of Shakopee received the appraisers report. In the opinion of the appraiser, the highest and best use of the property calls for the removal of the buildings situated on said property. Staff believes the appraisal offers the City a good starting point for negotiating a fair purchase price. At this time, it would be appropriate to maintain confidentiality of the appraisal results so that effective negotiation can occur. In light of the fact that acquisition of the subject property would allow for the construction of a free right hand turn lane (costs to be born by MnDOT) , staff is recommending that the appropriate city officials be directed to negotiate a purchase price for the property in question with the owner accepting the responsibility of demolition and removal. City officials will be meeting with MnDOT representatives on August 21st for the purpose of drafting an agreement for the construction of the "mini by-pass" and bridge. In the unlikely event that the "mini by-pass" and bridge project is not approved by MnDOT, the City will continue to benefit from the availability of a free right hand turn lane on First Avenue and Holmes. Also this will result in an esthetic improvement for the downtown area. Under the worst-case scenario the HRA will still own a piece of commercial property which could be made available for resale. If the HRA takes the recommended course of action this will provide another positive indication to the downtown business community of the City' s support for downtown redevelopment. Source of Funding: Consistent with voluntary property acquisition procedure number one, the source of funding for the purchase of this property would be tax increment financing. Alternatives: Alternative #1 - Offer to acquire the property in question with the condition that Ms. Hoy would be responsible for all demolition and removal costs. Alternative #2 - Offer to acquire the property in question and assume the responsibility for demolition and removal. Alternative #3 - Do nothing. Alternative #4 - Meet with Ms . Hoy and attempt to negotiate a purchase price keeping in mind the mechanics of alternative #1. Action Requested: Move to recommend to the Housing and Redevelopment Authority that the appropriate city officials be directed to negotiate a purchase price and that the owner accept the responsibility of demolition and removal of the structure located on the property. # ' a MEMO TO: Shakopee Housing and Redevelopment Authority FROM: Dennis R. Kraft, Executive Director RE: Request to Acquire Property (Lot 1, Blk 2, Original Plat - 303 East lst Avenue) DATE: August 14 , 1986 Introduction• Mr. Doug Kallevig owner of property located at 303 E. lst Ave. has approached the City and is requesting that his property be acquired by the City in light of the proposed mini by-pass alignment. Background- Mr. Kallevig' s property is located at 303 E. lst Ave. (See attachment #1) . Construction of the proposed mini by-pass alignment would require the acquisition of his property. Mr. Kallevig contends that the salability of his property has been dramatically affected by all the talk of a mini by-pass. Additionally, Mr. Kallevig' s property has recently been declared by the Building Inspector to be unfit for human occupancy. The Building Inspector has stated that it will cost approximately $5000 to bring the Kallevig property up to code. Mr. Kallevig has informed staff that he would rather sell the property to the City now, instead of waiting two years for the City' s eventual taking of his property (acquisition for by-pass right-of-way) . One should keep in mind, that if the City is to acquire property for the mini by-pass right-of-way via condemnation, we will be responsible for relocation costs. In my conversation with Mr. Kallevig, a purchase price of $75 , 000 has been discussed. Staff has informed Mr. Kallevig that if the HRA decides to pursue acquisition, an appraisal of the property would have to be conducted. Appraisal costs are estimated to be approximately $1000 . Staff believes the HRA should pursue acquisition for two reasons: 1. Acquisition would ensure the removal of a deteriorated structure in the downtown area, and 2 . The City would not have to expend money for relocation costs (which may be the case if acquisition occurs through condemnation) . If acquisition occurs, staff would recommend that the building be sold on a bid basis to anyone who is willing to move the structure. Because of the historical and architectural value of the structure, staff believes there will be several interested parties. Moving costs have been estimated to be between $10, 000 and $15 , 000 . If the City takes this approach, we would not have to incur any demolition costs (est. $10 , 000 ) . Staff has estimated that upon the clearing of the property in question, the vacant lot would be worth approximately $51, 120 ( 8520 sq. ft. x $6 . 00 sq. ft. _ $51,120) . If the "mini by-pass" bridge project is not approved by MnDOT a cleared parcel of land would be made available for commercial development. Source of Funding: Voluntary property acquisition procedure number one requires the identification of probable sources of funding for proposed property acquisitions . The City has pledged 1. 9 million for right of way acquisition and by-pass construction. These dollars are being allocated from the proceeds of various tax-increment projects. Alternatives : 1. Order an appraisal at a cost not to exceed $1, 000 for the property identified as Lot 1, Block 2 , Original Plat. 2 . Do not order an appraisal on the property in question. Staff Recommendation: Staff recommends alternative #1. Action Requested: Move to order an appraisal at a cost not to exceed $1, 000 on the property identified as Lot 1, Block 2 , Original Plat. . -. LJ1 N �- ��10 V ILL 10 442 i � '-�.•.. r C t - 6 5 �i �€ 2CD �, 5 10 S E10 + 1,4 10 4 - 32 Q T i ` 10 ^�. T r tom.-r.,.. �..�y.;^a�. q_,3T-.-7 1. n: i T� �-� T —..^.:.. Mayor -Reinke called the meeting to order at 7:00 p.m. with 'incl. 1,ebens, Vierling, ':erour., Colligan, and `,lampa,ch present. :iso 1 resent were John 1 . Anderson, City Kdministrator; Judi 'iniac, City Planner; Judith '. .fox, City Cler'_c; Kenneth -A.shfeld, City Engineer; Bennis ':raft, Community Development Director; and Julius Coller II, City ttorney. Colligan/Vierling moved to recess for a Housing and Redevelopment Authority meeting. .-lotion carried unanimously. `v,a-npa ch/T.ebens moved to reconvene . Motion carried unanimously. liaison reports were given by councilmembers. ',olligan/;'ampa,ch moved to approve the minutes of July 15, July 22, and July 25, 1980'. Roll ^,all: Ayes: Unanimous :Toes: ,None :Motion carried. Byron Taher and Leslie Turner.gave an up to date report on how the United Way has been responsive to the needs of the people in the community. T_;eroux/vierling offered Resolution No. 2598, A Resolution Supporting united 'flay Day, .September 17, 1986, in Shakopee, and moved its adoption. 'notion carried un2unimously. 'Jampacb/Vierling moved to receive and place on file the letter from Bruce G. I;awrocki, regarding his reappointment to the Metropolitan Transit Commission. Motion carried unanimously. T,eroux/Colligan moved to accept Robert J. Ziegler's letter of resignation with regrets and direct a Resolution of thanks be drafted. T'otion carried unanimously. T•eroux/ rierling moved that a Resolution be directed thanking Mr. Dircks for the time spent serving on the Police Commission and apologizing for the delay in thanking him for his services. Lotion carried unanimously. "olligan�14ampach moved to receive and place on file the letter from Paul Wermerskirchen expressing appreciation for the police escort by Dennis Anderson for . John Wermerskirchen's funeral. Roll Call: Ayes: Unanimous Noes: :Ione Motion carried. Colligan/lHampach moved to refer the Petition for Annexation of the Josephine Vierling Estate to the City Attorney for follow-up and verification. Roll Call: Ayes: Unanimous noes: Nona Motion carried. The City Administrator stated that we are currently in a temporary situation with regard to sewer service in Canterbury Square at NE corner CR-83 and 12th Avenue and that once the Met Council changed the City's municipal urban service _area that it would allow them to hook up to the sewer. Scottland Companies submitted a Waiver of Objections to and Right of Appeal from Assessment. -eroux/-,'a ,pa.ch moved to direct the Waiver of objections to and :=:ioht of ppeai frCii1 nSSeSsTi-^.mit from 7GGttl'd1� `%7:-'.yJ=nJes to the }4+,T Attorney ana City Clerk for proper drafting of the document for presentation at the next meeting. Lotion carried unanimously. Colligan/ Iampach moved to receive and place on file the letter from Don :'oGdward, Robert Roblett .'.ssociates Inc. _n re--r1- o th c- ambers proposal for �� '_Tomotion "enter oe city of Shakopee. r 1- Jey . G..e "otiGr c��rr;. . . Roll a l; Aye s: :-la n 11 mous --eroux/Vierli.ng moved to r=move from the table consideration of Conditional 'Tse ?emit Resolution I?o. -^-456. 7. 7--e carried unanimously. Vierling/Colligan moved to deny Conditional Use Permit Resolution No. CC-456. (The permit would allow a mobile home on farm property, in addition to the farmstead residence. ) Motion carried with Cncl. Lebens opposed. The City Planner reviewed the employee Rousing and Dormitories as a use in the Racetrack District. She stated that employee housing and dormitories are listed as a customary accessory use to a licensed ;Class A Racetrack. Discussion ensued on the type of housing and dormitories currently being used.,in the Racetrack District. All uses in the Racetrack District ase permitted only by Planned Unit Development and subject to all conditions in the RTD and PUD ordinance. Any additional construction within Canterbury Downs would require a PUD public hearing and Planning Commission and City Council approval. Leroux/Vierling moved that Mayor Reinke, Cncl. Leroux, City Administrator, City Planner and Community Development Director meet with the management of Canterbury Downs in regards to the implications of Planned Unit Development in the RTD on dormitories, etc. Motion carried unanimously. Colligan/',rampach moved to appoint °r. Mark Kuchenmeister to serve as a member of the Shakopee Downtown Committee. Roll Call: Ayes: Unanimous goes: I��one Motion carried. Colligan/';.'ampach moved to amend the dal-a-ride contract by deleting section the provision of a back-up vehicle. 12g requesting Roll '.all: Ayes: Unanimous I:oes: one Motion carried. leroux/Lebens moved to direct the City Engineer to notify Trr. Logeais t1 at the drainage problem along the north side of 11th Avenue and east of Lection Street will be monitored and corrected in coniuriction with development improvements to the south. Roll Call: Ayes: Unanimous Noes: None Motion carried. 'lie City 7hgineer reviewed the background of the Holmes Street Lateral and 4th Avenue Project updates. He stated that the requirements have been satisfied and the docu-ne:�ts are currently being reviewed by the City Attorney. aglewood Project and Deerview Project are essentially complete with the exception of mir_or punch list items and seeding. -Holmes Street Lateral Project is approximately 60./o complete. Colli gan/"J'ampach moved to receive and place on file the memorandum from er�-zeth Ashfeid, --itY -^agineer, regar?in0 the . Glmes =zltreet Tate--al al and 4- Avenue Project update.' otion carried unanimously. 7 Cha'..opee ^,_t,r U, r o:znc�i �l 1004 Discussion ensued on the utilities on 4th Avenue being replaced on a service basis in conjunction with the 4th Avenue Reconstruction project. olligwn� Da:.pach 7=vel to direct the City Engineer to cause tae installation of :eater and seT•rer service to lots 3 and 4, ,,lock 52, cost of which improvement to be taken from the \General Fund. Voll ^,all: lyes: Unanimous :does: .Tone Motion carried. Colligan1wampach moved to authorize proper .='ity officials to execute 7a, Tref\*T �i^�Tirm•--?ter, n.i,..T^„yT .7 -•m r.��+r,?'1,7,T',1��_7 n�.� _..J P � ��-i nrr.��r (�T,+ J..P.y`��.C'�� T''�� ?T,3r;jAy pT^7* - + p - 11;y ',"'?'JISITTO:T for Parcel {Lumber 7, in the amount of Roll ^all; Ayes: Unanimoas "goes: _gone T•iotion carried. T•Zayor Reinke said that the Shiely Dompany `,Dater Appropriation has applied to the Department of Fatural Resources for another increase in their permit for dewatering and its a substantial increase. ColliganPierling moved to authorize Mayor Reinke to submit a demand for a hearing to the Department of natural Resources as regarding the J.L. Shiely Company water appropriations permit amendment. Motion carried unanimously. ',eroux/71lampach moved to treat the sewer service b=11 adjustment of ,rs. Unze as an exception to the policy when a private well is used and to set the bill at `.4.22 per month with the stipulation that its for senior citizens only. Roll Call: Ayes: Unanimous Noes: ;done Motion carried. Colligan/Leroux moved to approve the bills in the amount of ;.{29898,853.36. 3011 Call: '�yes: U12,nimous ?'does: Tone i_otion carried. T,eroux/v,ierling moved to approve the letter of credit or cash deposit in the amount of ; 11 ,500 for the remaining improvements for :=eagle Creek Junction 1st ',ddition, upon submission of a one year maintenance bond with the City guaranteeing t_Le work completed, as well as submission of copies of the agreements with utility companies for bas and electricity. Roll Cali; fives; Unanimous 1"'oes: 7Tone Iotion carried. Colligan/Lebens moved to authorize the reduction of the letter of credit for the Hauer's 3rd Addition improvements to a ;"4,000 cash deposit; and authorize returning the "4,000 cash deposit to the developer upon completion of the improvements. '--'Loll Call: 'dyes: Unanimous Toes: ?done Motion carried. Leroux/Vierling moved to authorize the hiring of a full time receptionist temporarily beginning august 11 , 1986, and a temporary secretary to replace Jeanette Shaner while on Maternity leave from August 18, 1986, through December 1 , 1986. Doll Call: Ayes: Unanimous ?does: -one Lotion carried. :_ha?.oree ,,iT J. o ti~,cii .. J as U I 1 'T,ace -4- -,V Tierling/7,ebens 4_','ierling/T:ebens moved to direct that the appropriate budget amendment come back for consent approval. .:otion carried unanimously. 'ampach/Colligan moved to approve the employment of Pennie Schlechter as receptionist/typist effective August 11, 19E,6 at a salary of ;'924 per month, Step One in thE—"erical Pay Plan for 1986. doll "all: Lyes: inanimcus :toes: -lone %otion carried. Colligan/'ri erling mo�.Ted for a 5 minute r-cess. T"Otion carried unanimously. ,Tampach/Colligan moved to reconvene. otion carried unanimously. Discussion ensued on definition of a restaurant in the City Code. Cncl. Leroux stated that the code should be chanted to conform to the practices currentl;,r being followed in the City, thereby changing it to conform to the state law. Leroux/Colligan moved that the City Code be amended to reflect those changes in the state law as pointed out in Mr. Coller's memo of July 17, 1966, and T11s. Cox's memo of July 25, 1936. Tlotion carried unanimously. Discussion ensued on tirhether serving liquor at 10:00 a.m. on Sunday or 12:00 loon is in compliance with the state law. Colligan/wampach moved to hold=.a public hearing on whether or not to permit Sunday liquor sales prior to noon, then decide whether or not to adopt an ordinance permitting sales at 10:00 a.m. Motion carried with Cncl. Lebens opposed. Leroux/vierling moved to advise any restaurants in the City that are selling before noon at this time that they must cease and decist until such time as an ordinance is passed. :lotion carried ivaanimously. Leroux/Colligan moved to take Sunday Tiquor License for 'lair's Bar off the table. Motion carried unanimously. Leroux/Colligan moved to approve the application and grant a Sunday Liquor license to Clair's Bar Inc. , 124 South Holmes Street. Motion carried unanimously. Dave Czaja submitted a list of informational items that should be raised in regards to holding the public hearing for Shiely Company later appropriation Permit Amendment. Colligan/Leroux moved to receive and place on file the informational list of items for holding the public hearing for Shiely Company Mater Appropriation Permit Amendment. Potion carried unanimously. Leroux/Wampach moved to direct the appropriate City and SPUC staff to contact homeowners in the - ontecito 7--eights subdivision, make a master list of all homeowners wishing to convert to the City's contract refuse hauler, provide that list to ;-;erste Plan.agement and establish a billing procedure through SPITC I to handle the billing on whatever basis Sir-TC deems efficient. lotion carried unanimously. /Ib ��rlgpp ;rO r_l t,�er att-orize, 0?-On toroo'_cs ,uperette ._'o. 42. CR-83 and 12th Avenue. Motion carried unanimously. -roux/-ierling moved to table the Traffic Signal aintenance _1E;reement "e","leen the (i ty and 97T"'. lotion cam-ed uaa-n imous�y. an�';o .,paoh maoJe:: ' sut:.,,r -, ay r 'o s-o a pro c1amaticn acknowled-ing the ha,,7o ,ee -a; c@ems y) ,' 1( l.�Utl Lc1 -u-C. 11-tate '''ide for weGkeni l fundraiser. nanimous _ oes: one lotion carried. '7olligan/`•;'ampach offered Resolution N;o. 2594, a Resolution Appointing Judges of Election, and 71'stablishing ^ompensation, and moved its adoption. Roll Call: Ayes: Unanimous .noes: one Hotion carried ^olligan/4ampach offered Resolution ?To. 2595, a Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessment for Timber Trails tyaet Rehabilitation Project "Jo. 1986-5, and moved its adoption. Roll Call: Ayes: Unanimous noes: done ',lotion carried. Ilolligan�Wampach offered Resolution N,o. 2596, a Resolution Declaring t'.^.e Cost to be Assessed and Ordering the preparation of Proposed :,lssessment for Fourth .Avenue Reconstruction from Fillmore Street to Scott Street Project 7,74o. 1986-3 and moved its adoption. Roll -all: ayes: Unanimous Noes: None i•_otion carried. Teroux/',Tierling offered Resolution No. 2597, a Resolution Receiving a Report and Calling a 1"easing o IT to 13th =avenue From County Woad 89 to the "ast Corporate T,imits Project No. 1986-9, Motion carried unanimously. The City Attorney said that he contacted Suburban T�gineering and the . cost of getting a registered land S,,I-velr of lots 4 and cf Block 29, behind the library would be approximately '500.00 plus an additional $500.00 for the balance of the block. Colligan/-ermoved oved to direct City Attorney to order a regis�ered land survey for lots 4 and 5, Block 29 only. Roll Call: Oyes- Unanimous ;oes: None Motion carried. Leroux/Vierling moved to remove the applications for liquor licenses of the Friendly Folks Club from the table. Motion carried unanimously. Leroux/Vierling moved to approve the applications and grant on sale, off sale, and Sunday liquor licenses to Friendly Folks Club Inc. , 122 East 1st Avenue pending approval by the building inspector of city code compliance. Roll Call: Ayes: Unanim1-ous .oes: one Motion carried. Leroux/Vierling moved to recess to Executive Session to discuss pending litigation. Motion carried unanimously. Leroux/Vierling moved to reconvene to City CTrouncil. �.o1iton carried unanimously. Colligan/'-eroux moved to adjourn to August 19, 1986 at 7:30 p.m. Motion carried unanimousl1r. i=eeting adjourned at 10:15 P.m. Judith S. Cox Carol Schultz City Clerk Recording Secretary AV BULLETIN . 1 association of metropolitan municipalities R CIVic- August 11 , 1986 AUG,1 21986 TO: AMM Member Cities CITY op 'S,'t''�,` FROM: Bob Thistle , AMM President RE : TRANSPORTATION ADVISORY BOARD NOMINATIONS Ten positions on the Transportation Advisory Board (TAB) are reserved for municipal elected officials. The TAB By-Laws specifies that the Association of Metropolitan Municipalities (AMM) has the responsibility for nominating these 10 officials. The terms are for two years and commence on October 1 , 1986 and run through September 30 , 1988 . The AMM Board of Directors will be making these nominations at its September Board Meeting. The TAB is a very important body and provides general transportation advice and counsel to the Metropolitan Council, Regional Transporation Board and the Minnesota Department of Transportation, etc. One of its most important functions is to annually determine the FAU project funding priorities. The TAB normally meet the third Wednesday afternoon of each month in the Metropolitan Council Chambers. RECOMMENDATIONS WANTED: The AMM Board is soliciting recommendations for these positions via this Bulletin. Recommendations must be in writing and should be submitted to the AMM Office, to the attention of Vern Peterson, by no later than Wednesday, August 27 , 1986 Distribution Note: This Bulletin has been mailed to Mayors, Managers/Administrators , and Directed Delegates 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 lla MEMO TO: Mayor and City Council FROM: John K. Anderson, City Administrator RE: Resolution Adopting New By-Laws for the Shakopee Fire Department DATE: August 15, 1986 Introduction The Shakopee Fire Department has prepared a new set of By-Laws to govern its membership and activities. Attached is a cover memo from Joe Ries, Fire Chief, outlining the more significant changes in the proposed By-Laws. General Review It is useful for Council to review the organizational relationship between the City of Shakopee and the volunteer Fire Department. The volunteer Fire Department functions as a department of the City of Shakopee just like the Police Department or any other department. The volunteers are all paid by the City on a part time basis and the bulk of the department' s equipment is purchased by the City using our Five Year Capital Equipment Plan. The department, in addition, has its own "non- profit" organization, a fast not fully understood by most citizens. The guidelines for that organization are set out in its By-Laws which are approved by the City Council. It is those By-Laws that Council is being asked to approve. The primary function of the By-Laws is to guide independent activities of the "non-profit" organization By necessity, these organizational By-Laws are intertwined with the City of Shakopee through our formal relationship with each individual fireman as a part-time paid employee who uses fire equipment and facilities. while the City has taken the posture that the volunteer Fire Department "non-profit" organizational activities are separate from formal City actions, it is debatable as to whether or not an "arms length" arrangement legally exists. City Attorney Jack Coller is reviewing the By-Laws and may provide some additional comments regarding the relationship between the City and the volunteer Fire Department "non-profit" organization. Review of Proposed By-Laws The review of the proposed By-Laws and the comments that follow are based upon the assumption that the City will continue to maintain the present "arms length" relationship with the "non- profit" organization. This means that the organization' s handling of its finances will not be reviewed by, audited by or required to conform to normal City procedures. 1 . Article for Sections VI and XV discuss the department' s financial procedures which the City will not be involved in. The City procedures that would be regulated if it were a City operation would be purchasing, accounting and auditing procedures that are currently not required of the volunteer ' s "non-profit" organization. The organization raises about $5,000 per year through its "52 Club" promotion, dance and bingo fundraisers. The money is expended using the organization' s own criteria on departmental equipment, retirement parties for volunteers, etc. 2 . Article IV, Section 9 (m) discusses annual departmental medical examinations. Joe Ries ' cover memo discusses at length the reasons for the annual medical exam. After reviewing this section with Joe and with Pat Lawrence of OSHA, I believe that annual physicals are not mandatory. As a compromise Joe and I believe that the department should establish an annual physical that includes a limited number of items to be checked by a physician. The department should draft specs and bid this to local clinics with the intent of doing all the physicals at one or two meetings either at the Fire Station or at the local clinic. This approach avoids the open ended personal physical approach the City was financing prior to the termination of annual physicals. To insure that the City is satisfied with the exam recommended by the department I would recommend that Section 9 (m) of Article IV be amended to state that, "this exam shall be paid for by the City and approved by the City" . We estimate that the exam could could cost from $25. 00 to $50. 00 per firemen which would cost from $875. 00 to $1750 . 00 per year. Article IV, Section 12 deals with the Fire Department organization' s control of equipment. It should be noted that some of the equipment used by the department is not purchased by the City, but by the volunteer' s "non-profit" organization. Some of this equipment is safety equipment like the Jaws of Life, and some of the equipment is for the department' s use at the station like their exercise equipment and their television. The City should not simply accept all of this equipment as City equipment. To do so would make the City responsible for television repairs, etc. This procedure can be handled by amending Section 12 (a) to state, "to take charge of the property of the department and see that it is properly identified as City or Fire Department property, maintained and utilized" . 4 . Article VII , Section 3 states that three drills per month shall be paid based upon attendance. Currently the City pays for two drills per month at the rate of one hour per drill. The department use to meet two Mondays a month for drills, one Monday for their business meeting and one Monday to work on equipment. According to Joe the Monday devoted to equipment maintenance has evolved into a third training drill Monday. Joe stated that most drills last more than one hour and that the deparment provides from 6 to 9 hours of drills per month. The average firemen currently attends drills from two to three hours per month according to Joe. It is his belief that paying for one hour for the third drill would improve attendance. The cost of 20 men (department' s estimate) times $7. 50 per hour equals $150 . 00 times 12 months equals $1,800. 00. Joe did not know how many training drills the average community in the metropolitan area paid for. We will try to have a telephone survey completed by Tuesday night. Whether or not the number of paid drills is changed from two to three Section 3 should read, "shall be paid by the City for one hour based upon attendance" . Alternatives 1. Approve the By-Laws as presented. This could lead to some confusion over the enforcement of the conditions of the By- Laws because they call for the City to pay for physicals and three drills, neither of which have been previously discussed by Council. 2. Approve the By-Laws with the proposed amendments listed above. This would cost the City an additional $875 to $1 , 750 for the physicals and $1, 800 if the City added the third drill per month as proposed. 3 . After Council discussion direct the Fire Chief and the City Administrator to redraft the By-Laws based upon Council' s discussion and comments. Recommendation I recommend alternative No. 2 for the reasons discussed above. If, after the telephone survey, it becomes clear that most departments pay for two and not three drills per month I would recommend that the City amend the By-Laws to state two drills per month shall be paid for by the City. Action Requested Pass a motion approving Resolution No. approving the By-Laws for the Shakopee Fire Department as amended by the City Council on August 19, 1986 . JKA/jms Shakopee Fire Department SHAHOP EE.14'QNNESOTA 66379 To the : Mayor of The Ci ty' of Shakopee, Shakopee City Council Shakopee City Administrator The Ery—Laws of the Shakopee Fire Department were rewritten in order to establish and clarify language pertaining to the duties and responsibilities of all Firefighters on the Department . There are only two (2) changes that directly effect the City. 1 The present Article VIII , Section 4, last l ine " Onlay two dr• i l l s per month will be paid drills unless otherwise designated" , shall be changed to Article VII , Section 3, which reads, "Three drills per month shall be paid based on Attendance " . 2) Through new Article IV, Section 9, m) , which reads, "To annually take the Department specified medical examination . This examination shall be paid for by The City. " the annual Department medical examination suits be re—established. The first change reflects the rigorous training and drilling which is presently carried on by The Shakopee Fire Department . Our Department drill schedule exceeds those of any other department in this area. There is an opportunity to attend a formal dr• i 1 1 up to seven times a month . Additional training curricula within The Department are frequently attended with no monetary compensation to the firefighters for this time . Within the past five years this Department has aquired many hew members. At present , 18 of the 35 members have been in membership five years or less. This , in combination with the new firefighting technologies used in order to meet the new and growing demands of this community , requires this type and quantity of training and drilling. We pride ourselves in remaining proficient in these technologies . The second change has been made in order to meet current OSHA regulations, at present the members of the Shakopee Fire Department Are not qualified to be active internal firefighters because we have not fullfilled the lung tests required by OSHA . Other OSHA required medical examinations w i 1 1 be effective very soon . We are presently formulating a medical examination which will encompass ail of the medic.tl tests and examinations which will soon be required for all active firefighters. This Department is striving to make this a more cost effective medical examination process than previous Department physicals which were performed . We are developing a prescribed set of required examinations which shall be performed. Any additional tests or examinations over and above those prescribed in this set shall be paid for by the individual firefighters. We are placing a list of r /y Shakopee Fire Department SHAKOPEE,MINNESOTA 86379 these examinations and their quantity out +or bid with the local hospitals and clinics. This process should pr•oyide a cost e++ective means to meet the OSHA requirements some o+ which are presently in e++ec+. , with the remainder becoming e++ective soon . This process o+ annual medical examinations shall also reduce injury liability +or The Fire Department and the City of Shakopee as a whole , and help optimize the performance o+ the Department Membership . On June 16th the members of the Shakopee Fire Department approved these revisions subject to the approval o+ the Shakopee City Council . Members o+ the Shakopee Fire Department will attend the City Council meeting, at which this is on the agenda, to answer any questions you may have . We would appreciate your consideration in the approval o+ the By—Laws as revised . Chief : Joe Ries By—Laws Revision Comm i + _ e : M i chae i Ryan Michael Theisen Marvin Athmann Michael Dircks David Judd Chris Di r•cks RECEIVED AUG 6 1986 CITY OF SHAKOPEE BY-LAL.tS OF THE SHAKOPEE FIRE DEPAF.`MEh1T SHAKOPEE MINNESOTA Index 1 . Definitions 2. ARTICLE I : Objectives S. ARTICLE II : Organization 4. ARTICLE III : Elections and Appointments 5. ARTICLE IV: Duties and Responsibilities 6. ARTICLE V: Qualifications for Membership 7. ARTICLE VI :Reinstatements , Impeachments,Dissmissals ,Leaves of Absence ,and Suspensions S . ARTICLE VII : Drills, Training and Meeting Proceedures 9 . ARTICLE VIII : Convention Delegate= ltd . ARTICLE IX: By-Laws Alterations and Amendments 11 . ARTICLE X : Disbandment DEFINITION:= 1 . As used in this document , "The Department" shall refer, to The Shakopee Fire Department . 2 . As used in -this document , "The Chief" shall refer to The Chief of The Shakopee Fire Department . 3 . As used in this document , "Assistant Chief( s) " shall refer to the Assistant Chiefs of the Shakopee Fire Department . 4 . As used in this document , "Captains" shall refer to the Captains of the Shakopee Fire Department . 5. As used in this document , "Training Officer" shall refer to the first ( 1st) Captain on the Shakopee Fire Department . i . As used in this document , "Safety Officer" shall refer to the fourth (4th) Captain on the Shakopee Fire Department . 7. As used in this_. document , "Fire Marshal " shall refer to the Fire Marshal of the Shakopee Fire Department . S . As used in this document , "The Secretary" shall refer to the Secretary of the Shakopee Fire Department . 9 . As used in this document , "The Treasurer" shall refer to the Treasurer of the Shakopee Fire Department . 10 . As used in this document , "The Engineer" shall refer to the Engineer of the Shakopee Fire Department . 11 As used in this document , "Assistant Enoineer( s) " shall refer to the Assistant Engineer(s) of the Shakopee Fire Department . 12 . As used in this, document , "Firefighterfs) " shall refer to any person serving on the Shakopee Fire Department as a probationer or an active member . 13 . As used in this document , "Member" shall refer to any Shakopee Fire Department firefighter who has completed his probationary period and has been voted to membership status by the existing Shakopee Fire Department members . 14 . As used in this document , "Probationer" shall refer to any Shakopee Fire Department f i ref i gh ter who is serving his first year- with the Shakopee Fire Department and has not been voted to membership status . 15. As used in this document , "Honorary Member, " shall refer to any Shakopee Fire Department member who has resigned according to the minimum service time and other stipulations set forth by these B/-Laws . 16 . As used in the document , "officers." refer- to all elected positions other than committees. ARTICLE I (Objectives) Section 1 . This organisation shall be known as the Shakopee Volunteer Fire Department . Section 2 . Its objectives shall be : A. Fire Prevention and Education toward same . B . Fire Supression . C. Preservation and protection of life and property against injury and damage at incidents where the Shakopee Fire Department Services are requested. ARTICLE II (Organisation) Section 1 . The Department shall be composed of not less than thirty-five (35) active members and as many in excess of thirty-five (35) as may, by the City Council , be deemed necessary for the adequate protection of the community . Section ^c The chain of command as it is defined for the Operational Officers (defined as numbers 1 through 13 listed below) , and all other firefighters (number 13 below) in The • Department ,tme n t s � / l � p , hal 1 be as fol 1 ows i n order of super i or •i ,.y and accountability : 1 . Chief 2. 1st Assistant Chief 3. 2nd Assistant Chief 4 . 1st Captain (Training Officer) 5. 2nd Captain 5. 3rd Captain ?. 4th Captain (Safety Officer) 8. Fire Marshal 9. Secretary 10 . Treasurer 11 . Engineer 13 . Assistant Engineer. 13. Firefighters by seniority ?� Other officers shall be added as the department may deem necessary for the effective operation of The Department . Section 3 . There shat 1 be an Execu t i ve C-��Rtmi t tee composed of the Chief , the Assistant Chiefs, the Secretary and the Treasurer . Section 4 . The Chief of The Depar+.men+. shall be accountable to the Executive Committee , the City Administrator , and the City Council . All other department and Operational Officers shall be held accountable to the Chief of The Department only . Section 5 . The Nominating Committee i =_. an elected committee composed of five (5) members . Section b. The Screening Committee is Composed of the Chief , 1st Assistant Chief , 2nd Assistant Chief , Ist Captain , Treasurer , Secretary , and two (2) Firefighters. Section ?. The Auditing Committee is an elected committee composed of five ( 5) members. Section 3. The Grievance Committee is an elected committee composed of four (4) members and one ( 1 ) alternate . Section 9 . Special committees may be formed as deemed necessary by The Department . ARTICLE III (Elections, Appointments) Section 1 . A person who has been property qualified by the Screening Committee shall be elected to probationer status during a regular Department business ne=� meeting with tF maj ctr• i ty vote of the voting members present at the meeting. Section ? Probationers shall be elected to Department Membership status during the regular business meeting following their successful completion of the one ( 1 ) year probationary period. To be so elected the probationer must receive a two-thirds ( 2/3) vote of the Department members present at the meeting . Section 3. Regular elections shall take place during_ the November business meeting each year . Section 4. The Chief , Assistant Chief=. , Engineer , Captains, Secretary , and Treasurer shall be elected to serve a one ( 1 ) year term with a majority vote by the voting members present at the election meeting. If more than two candidates are on the ballot and a majority vote is not found, the candidate with the lowest number of votes is dropped from the ballot and the vote retaken . Section 5 . The non-officer members of the Screening Committee shall be elected to serve a one ( 1 ) year term with each department member present voting for both positions . The two (2) people with the highest number of votes obtain the positions. Section &6. The Nominating Committee and Auditing Committee are elected for a five (5) year term on a rotating basis one ( 1 ) member every year to each committee . Section 7 . The Grievance Committee is elected for a five (5) year term on a rotating basis with the first year served as an alternate . Section 8 . The Fire Marshal is appointed by The Chief . Section ? . Assistant Engineers are appointed by The Engineer . Section 10 . Other special committees shall be appointed by The Chief . Members for special committees shall appointed by The Chief . Section 11 . All elected officers and committee members shall assume their, respective positions, duties_., and responsibilities on January first ( Ist ) following their election . Section 12 . In the event that an elected officer- should resign from his/her office or The Department , retire , or be removed from his/her office , an election to refil the position shall be held at the newt regular business meeting according to Article III , Section 4. ARTICLE IV (Duties, Responsibilities) Section 1 . The duties and responsibilities of the Chief a re ; a) To call and preside at all regular Department meetings ; to preserve order ; to decide all points of order that may arise (Robert Rules of Order• Newly Revised Shall Pr•evai 1 ) . His/Her decisions are subject to an appeal by the members of The Department . b) To see that all subordinate officers execute their• obligations and duties to the best of their abilities. C.) To be present at all Fire Department operations and functions if possible , and to a=ssume ful l charge of al 1 Shakopee Fire Department operations and functions. d) To call special meetings at the written request of five (5) members of The Department , with such request stating the subject of the call . e) To enforce the 6y-Laws of The Department to the best of his/her ability and to have a general supervision over all the affairs of The Department . f) It shall be within his power to suspend any member for a just cause , subject to Article VI , Section ?. Written suspension notice must be given to such member by The Chief . g) To be r•espons i bl e for the per•sonne 1 , moral , and general efficiency of The Department . h) To, with the advice and consent of the Executive Committee , set rules, regulations , and operating proceedures governing The Department . These rules , regulations, and proceedures shall be presented to The Department , posted in wr• i tten form for thirty (30 ) days, and kept as permanent record. These rules and regulations are subject to appeal by the department membership . i ) To preside at all Grievance Committee meetings and to provide the deciding vote in the event of a tie unless the grievance at hand concerns The Chief . j ) To see that all appropriate department records are kept . k ) To approve schooling pertaining to the fire service for all member's and submit the bills for such schooling to The City for payment . 1 ) To complete training curriculums as set forth by the department . Section 2 . The duties and responsibilities of the as_•i _•tont Chiefs are : a) To be present if possible , at •:.l 1 Fire Department operations and functions. b) To assist The Chief in the discharge of his/her duties, and in the event of the absence of The Chief , they shall assume his/her duties and responsibilities in accordance with the chain of command specified in article Ii , section 2. c) The 1st Assistant Chief shall oversee the functions of all assigned committees. He./'She shall also, if necessary, assume responsibility for the completion of these commitees' responsibilities. d) All Assistant Chiefs shall complete training curriculums as set forth by the department . Section 3. The duties and responsibilities of The Captains are : a) To be present if possible , at all Fire Department operations and functions. b) To assist The Chief and The assistant Chiefs in the discharge of their duties . In the event of the absence of all Chiefs , they shall assume The Chief's duties and responsibilities in accordance with the chain of command specified in article II , section 2. c) The 1st Captain shall be designated as Training Officer and is responsible for all department dr• i11s , training matters, functions, materials, and records. d) The 1st Captain (Training Officer) is responsible to monitor and assess a probationers' progress and development and inform the probationers of their progress and status. e) The 1st Captain shall report to The Department at the time of a probationer's membership vote , the probationer' s completion or non-completion of all eligability requirements and general performance comments. f) The fourth (4th) Captain shall be designated as Safety Officer . He/She shall monitor personal safety in all Department operations and proceedures making sure all safety guidelines are adhered to. In the event of a breech of existing guidelines, the Safety Officer shall inform the involved f i ref i gh ter( s) of the violation(s) and inform them >'k. of the guidelines involved. In the event that disciplinary action is to be taken the incident should be presented to The Chief with disciplinary proceedures followed as in Article IV , Section e) ,f) ,g) and h) . The Safety Officer shall also propose new safety guidelines and proceedures to the Chief as required for approval by the Executive C . „ _ . , . (2oM All f) It shall be the duty of all subsequent captains to assist the 1st Captain in his/her duties. g) All captains shall complete a training curriculum as set forth by the Training Officer . h) All Captains within the first ( 1st) year in said capacity shall Complete , if not already completed, appropriate instructors training as required to obtain State Vocational Firefighter Instructors Licence (Reference requirements State of Minnesota , 1985) . i ) The 1st Captain shall establish a training curriculum for all officers and keep it current and appropriate . Section 4 . The duties and reponsibilities of the Fire Marshal are : a) To be present if possible , at all Fire Department_ operations and functions . b) To make periodic inspecions of special hazards as required, and keep a record there of . c) To enforce applicable City Ordinances and current adopted or applicable Fire and Life Safety Codes specific to his/her assigned authority through said ordinances . d) To, in the absence of all superior officers, assume the duties and responsibilities of The Chief in accordance with the chain of command specified in Article II , section L . Section 5. The duties and responsibilities of the Secretary are : a) To be present if possible , at all Fire Department operations and functions. b) To keep a record of all proceedings of The Department ; to call the roll ; to record all absences and to keep the books and preserve the records of The Department . c) To give each member at least one day's notice of any special meeting. . d) To notify each person elected a probationer on The Department of such election and furnish him/her with all appropriate equiptmpnt . e) To keep a record of the department' s outstanding property . f) To countersign all checks drawn on Department accounts. g) To alert and notify any firefighter that has missed two consecutive meetings. h) To, in the absence of all superior officers, assume the duties and responsibilities of the Chief in accordance with the chain of command specified in Article II , section 2. Section 6 . The duties and responsibilities of the Treasurer are : a) To be present if possible , at all Fire Department operations and functions. b) To collect all dues and other monies due The Department giving proper receipts therefore . c> To keep regular accounts of all monies as received and to pay said money out on the approval of The Department . d) To give a monthly report of sums received and balance on hand; and to make an annual itemized report of the sums received and from what sources, the sums paid out and to whom,and of the balance on hand or the deficiency due The Department at the first meeting in January . e) To submit his books and official documents for the examination by the auditing committee at the end of each fiscal year enabling them to make proper reports. f) To, in the absence of all superior officers , assume the duties and responsibilities of The Chief in accordance with the chain of command specified in Article II , section 2 . Section 7. The duties and responsibilities of the Engineer are : a) To be present if possible , at all Fire Department operations and functions. ~ b) To be in charge of all maintenance and repairs of all � apparatus and equipment of the Fire Department . c) To be in charge of maintaining inventory of all maintenance equipment and maintenance tools of The Department . d) To prepare and maintain a preventative maintenance schedule of all apparatus of The Department. . e) To assure completion of required tests of fire apparatus and equiptment and keeping records in accordance with applicable standards . f) To, in the absence of all superior officer_. , assume the duties and responsibilities of The Chief in accordance with the chain of command specified in Article II , section 2. Section S . The duties and responsibilities of the Assistant Engineers are : a) To be present if possible , at all fire department operations and functions. b) To, in the absence of all superior officers , assume the duties and responsibilities of The Chief in accordance with the chain of command specified in Article II , section 2. c) To assist The Engineer in the completion of his/her duties . d) To, in the absence of the engineer , perform the duties of the engineer . Section 9 . The duties and responsibilities of all Department Firefighters are : a) To obey al 1 commands of the i r• off i cern wh i 1 e on duty . b) To be present if possible , at all fire department operations and functions following established pr•oceedur•es . c) To attend at least one ( 1 ) dri11 per calander month . Any member not attending at least one ( 1 ) dri11 per cal -Ander month is subject to the provisions in Article VI , Lection 1 . d) To attend one business meeting per month . Any member who is absent from three consecutive regular business meetings shall be subject to Article VI , Section 2. e ) To investigate the character and standing of any person mak i ng app 1 i cat i on for probit i on status or , member•sh i p i n this department , or subjects vital to the department , and report its findings to The Department . f) To become familiar with the handling and operation of all articles of equiptment . g) To familiarize themselves with the rules set -Forth in these and conduct themselves accordingly . Conduct in conflict with these rules is subject to Article VI , Section 5. h) No member shall appear at meetings of The Department or on duty under the influence of drugs or alchohol Cas defined by legal 1 imi t1 presently in effect) -, nor shall he/she be gu i l ty of conduct unbecoming a gentleman/lady, or otherij i se be a disgrace to The Department . Conduct as listed above in this subsection is subject to penalty of suspension or discharge as set forth in Article CJI , Section 5. i ) To assist new firefighters during thier• probationary period on the department . j ) To, in the absence of all superior officers , assume the duties and responsibilities of the Chief according to the chain of command specified in Article II , section ?. k) To complete training curriculums as set forth, by the Training Officer . 1 ) To, after one year from date of entrance as a regular member , purchase the official department dress uniform, this being the approved dress uniform at the time of becoming a department member . m) To annually take the Department specified medical examination . This examination shall be paid for by The City . 1 ) If any active member does not pass this medical examination -For reasons of health he/she shall not be dropped from the membership roll , but instead will be assigned appropriate duties by The Chief subject to recommendat i ons by a Gival i f i ed Medi cal Physician . n) To serve on committees as appointed or elected . Section 10 . The duties and responsibilities of department probationers are : a) To follow and perform according to all items listed in Article IV, Section 9, except item c) , j ) , and item m) . To make all drills and meetings except for reasons of work , family , etc or schooling. ( ( a, b) To . within the probationary period , successfully complete Firefighter I training (as required -For certification by the State of Minnesota at time of the probationer' s training) , and mimimum medical training as defined by The Department . Section 11 . The duties and responsibilities of honorary members are : a) To be governed by the By-Laws of the Shakopee Fire Department , but have no voice or vote in the business of the Department. . b) To be subject to recall for duty in an emergency upon the order of the Chief . Section 12 . The duties and re spons i b i l i t:✓ f the Executive t Committee are : a) To take charge of the property of The Department and see that it is properly maintained and utilized . b) To advise and give proper consent to the Chief in formulating the rules and regulations governing The Department not specified in these By-Laws . c) To hold formal hearings which shall be fair and impartial before impeachment of any officer and/or dissmissal of any member . If the officers) in question is a member of the Executive Committee he/she shall step down during the hearing process. The next ranking officers) not involved in the hearing shall fill the vacancy(=_•) . Section 13 . The duties and responsibilities of the Nominating Committee .ire : a) To make a recommendation to the department membership in selecting the Fire Department_ elected positions. Section 14 . The duties and responsibilities of the Screening Committee are : a) To meet with all prospective members and their spouses evaluating whether or not the prospective members meet the designated membership eligibility requirements. b) To make recommendations to The Department as to the eligibility of prospective members when a department opening must be filled. Section 15 . The duties and responsibilities of the Auditing Committee are : a) To examine the Treasurer's books within thirty (30) days of the Treasurer' s annual report . Examinations may be made more often if deemed necessary. b) To present an auditing committee report at the next regular meeting following any examination by this committee . Section 16. The duties and responsibilities of the Grievance Committee are : a) To examine oral or written complaints as refer•r•ed to it by any department member or probationer . A report and recommendations regarding the findings of this committee shall be given to The Department at the next regular, business meeting. b) If the grievance at hand involves a member ( s) of the Grievance Committee or The Chief , the involved committee member( s) or The Chief shall step down from the committee and the alternate shall fill the vacancy. Section 17. The duties and responsibilities of Special Committees are : a) To perform duties and functions as assigned. b) Any appointed committee shall have the authority to request assistance from other member(s) of The Department . ARTICLE V (Qualifications for Membership) Section 1 . The Shakopee Fire Department shall not discriminate on the basis of race , color , religion , sex , national origin , marital or veteran status for the purpose of membership on The Department . Section ? . Qualifications for application and service as a probationer on the Shakopee Fire Department are : a) Must be at least IS years of age and not yet reached his/her 30th birthday. b) Must be available for daytime duty with employers written permission for release from work during these hours. 1 ) Daytime duty is defined as between 3:00 a.m. and 3:00 p .m. c) Must work within a seven (7) mile radius of the Shakopee Fire Station . d) Must pass medical requirements as determined through a doctors physical examination . The test= to be performed during this examination are to be specified by the Executive Committee of the Shakopee Fire Department . 1 ) The physician performing this examination is to be specified by the Executive Committee of The Shakopee Fire Department . e) Must live within a four (4) mile radius of the Shakopee Fire Station and be within the Shakopee Fire District . fi All of these applic=ation requirements shall be enforced by the Screening Committee at their discretion . �c` >_ r-r:�i r •�. uc C,a r.-r-f r,r._�.7 t, c r-�i i,--- ST z:fi- r5t rczii tLS"ci-M i jV ifi I i I i r Shakopee Fire Department are : a) Must 1 i ve within a. four(4) mile radius of the Shakopee Fire Station_ or, wi th i n. the Shakoree _City Limits. _ rr- =U r- s'l'x r.�,: .,t. W'_ -nr c �T' u/ r �J ny active member must resign from Active Membership ( 60) ai status y previous active member who is presently in c) An nber status, in order to be reinstated must be able to non—mei to his/her requirements for retirement by age compl e 60) . Time previously accrued as an active member of sixty(' akopee Fire Department shall apply toward accrued the Sh e time upon reinstatement . servic n 4 . Qualifications for Honorary Membership on the Sectio ^ny retired firefighter for The Shakopee Fire Department a) F automatically become an Honorary Member . will I') Ret`i cement Is de+l ned as any memberr" s resi or,at i on after at least twenty � 20) v�-.r� �* ;c.�x•_��i�,r•+__nPr•_,i''rr a, fi�•A�T_'rm�.T�'C.-_ _ ( 15) years of service on The Department . fifteen active member resigning from The Department due to c) Any reasons as specified by an accredited physician, medical ,n ( 10) years of service on The Department . after to d) Any active member unable to continue active membership due to an injury aquired while on and related to duty for the Shakopee Fire Department . e) Any active member drafted for service in the Armed Services of the United States of America, will be carried on as an Honorary Member of The Department . Upon his/her return , said member will be reinstated as a bona fide member with accrued service time excluding any time served beyond the drafted term, counted as active Department service years. ARTICLE VI (Reinstatements, Impeachments, Dissmissals, Leaves of Absence , Suspensions) Section 1 . Any member not attending at least one ( 1 ) drill per calander month for reason other than employment , sickness , or• family requirements with excuse being presented in advance of drill to chiefs, or training officer• , shall become a non-member and shall appear• before the Executive Committee and the Training Officer for a formal hearing. At this time membership or• non-membership status shall be established for said member . This hearing shall take place within two weeks of the last drill of the month in question . A member retained in non-membership status after the above formal hearing may be returned to full Department membership status with a 213 vote of the voting members present at the following regular business meeting. Section 2. Any member who is absent from three consecutive regular business meetings for• reason other than employment , sickness, or family requirements with excuse being presented in advance to the Chiefs, the Secr•etar•y, or the Training Officer shall become a non-member and shall appear before the Executive Committee and Training Officer for• a formal hearing. At this time , membership or non-membership status. shall be established for• said member . This hearing shall take place within two weeks of the last regular business meeting in question . A member retained in non-membership status after the above formal hearing may be returned to full Department membership status with a 2/3 vote of the voting members present at the following regular Department business meeting. Section 3 . Reinstatement of a Department non-member• shall require a 2/3 vote of the Department members present at a regular Department business meeting. For reinstatement the person to be reinstated must meet the requirements in Article V, Section 2. Section 4 . Any officer of The Department , for .abuse of a/ his/her- authority, or misconduct in his/her office , may be impeached therefrom and removed from his/her office . The charge against him/her shall be made in writing and filed with the Secrtetar•y at least one ( 1 ) month before a formal hearing by the Executive Commitee as set forth in article IV , Section 12 (c) . A copy of said charge shall be served upon the officer in question at the same time as it is presented to the secretary . The hearing shall _.ubstanc i .ate and clarify the charge ( s) against the involved officer and a report given before The Department at the next regular business meeting. Removal of the officer from his/her office shall require a .1/3 vote of the voting Department members present at this business meeting . An officer such removed shall retain Department membership unless further action is taken by The Department as outlined in article VI , Section 5. Section 5 . A Department member may be removed from membership status ( d i ssm i ssed) after a formal hearing by the Greivance Committee to substa.nciate and clarify the charge ( s) against the involved member with a report given at the next regular business meeting. A 22/3 vote of the voting Department membership present at this business meeting is required for dissmissal . The charge against said member shall be made in writing and submitted to the Secretary at least one month before the format hearing by the Grievance Committee . A copy of said charge(s) shall be served upon said member at the same time it is presented to the secretary. Section 6. any member wishing a leave of absence , not to exceed 90 days, may have same by making application in writing; same to be voted upon by The Department . A 1 eamv,e of absence is granted by a majority vote of the voting Department members present at a regular business meeting. An extension may be had upon written application , subject to another vote of The Department . A majority vote of the voting Department members present is again required to grant an extension . Section 7. any member may be suspended from specified Department duties or functions for just cause as designated by The Chief . Written notice must be given to such member . Suspensions are subject to appeal before The Department by the involved member through the Grievance Committee . ARTICLE VII (Drills, Training and Meeting Pr•oceedures) y, Section 1 . Regular drill for The Department shall take place on Monday evenings. ,a Section 2. With a request by any active firefighter to the Training Officer which is approved by the Training Officer a special drill may be held on any day which may be used as a "required monthly drill " as specified in Article IV, Section 9(c) . Section 3. Three drills per month shall be paid based upon attendance . Section 4 . Attendance at drills shall be established b;{ a roll cal 1 before and after the compl ete dr i 1 1 . Section 5. All schooling pertaining to the fire service shall be approved by The Chief prior to attendance as specified in Article IV, Section 1 (k) above . Section 6 . Robert' s Rules of Order , Newly Revised , shall prevail at all Department meetings for matters not specifically covered by these By-Laws. Section 7 . A 60% attendance of the active Department membership shall constitute a quarum . Section 8 . The regular business meetings of The Department shall be held on the Third (3rd) Monday of each month at 8: 00 P .M. Section 9 . The agenda for each regular business meeting shall be : 1 ) Roll Call . 2) Reading of minutes of previous meetings . 3) Reading of the Treasurers report . 4) Reading of incident calls . 5) Presentation of bills and communications and action on same . 6) Committee reports. 7 Nominations of candidates for membership . 8) Election of officers and members. '.) Unfinished and miscellaneous business. 10) New business. 11 ) Good of the Department . 12) Adjournment . ARTICLE VIII (Convention Delegates) Section 1 . No member of The Department shall became eligible as a Convention Delegate , until he/she has completed his/her probationary period, and has been voted into active department membership . Section 2 . All members shall be eligible to became J/ Convention Delegat.es according to a roster administered by the Executive committee . a) At the time a person is voted into active department membership he/she is added to the bottom of Convention Delegate roster . b) Any active member unable to attend The Convention on his/her specified year , if 3 months notice is given of this fact to The Chief , shall return to the top of the Delegate roster for the following year . This shall be allowed for one year after which time said member shall be placed on the bottom the the Delegate roster . Reassignment of position on the Delegate roster may be done with a maJor i ty vote by The Department at a regular business meeting . ARTICLE IX (By-Laws Alterations and Amendment=.) Section 1 . No alterations or amendments shall be made to these By-Laves unless proposed at a regular meeting, at which time the alterations or amendments shall be referred to a special committee who shall present a report at the next regular or special meeting. Section 2 . Any proposed alterations or amendments may be adopted by a 2/3 vote of the voting Department members present at a regular or special meeting following the completion of the requirements set forth in ARTICLE IX, Section 1 . These changes shall be inserted appropriately into the effective by laws of the department , and each department member shall be issued an updated copy . Section } . After the Department approval of alterations or amendments City Council approval is required for final adoption . ARTICLE X (Disbandment) Section 1 . This Department shall not be disbanded except by a 2/3 vote of the entire membership . A published or served notice shall be given for a meeting of this purpose to the entire membership at least one month before said vote shall be taken . REVISED AND UPDATED THIS 16TH DAY OF JUNE 1986 BY THE BYLAW COMMITTEE AND OFFICERS OF THIS DEPARTMENT . 3 q 1 � MEMO TO; John K. Anderson, City Administrator U1 t 1Z1:= L FROM; Judith S. Cox, City Clerk Qi RE; Canterbury Square Connections to Sanitary Sewer at N.E. Corner of CR-83 and 12th Avenue DATE; August 15 , 1986 Introduction and Background; Scottland Companies have requested permission to connect to the sanitary sewer in CR-83 which sanitary sewer falls short of abutting their parcel being developed as Canterbury Square. Council has advised Scottland, that in similar situations, the applicant was required to sign an agreement waiving their right to contest special assessments which may be levied in the future when the sanitary sewer is extended to and beyond the applicants property. Scottland has agreed to signing such an agreement. The City Attorney has drafted the agreement and it has been signed by Scottland and is in the mail to the city. Alternatives ; 1) approve connection 2 ) don' t approve connection Recommendation; Alternative No. 1 Action Recommended: Approve the request by Scottland Companies to connect to the sanitary sewer along CR-83 at the N.W. Corner of the 5. 5 acre Canterbury Square Shopping Center located at the N.E. Corner of CR-83 and 12th Avenue, upon submission of a waiver of contesting assessments for the future construction of the sanitary sewer. JSC/jb Ii �- AGREEMENT WHEREAS, Scottland, Inc. , a corporation authorized to do business in the State of Minnesota, plans to install a sanitary sewer service to the property described in the attached Exhibit "A" which is incorporated herein and made a part hereof. It is also the intention of the said developer to install the said sanitary sewer at its own cost and according to plans approved by and on file with the City Engineer of the City of Shakopee, and WHEREAS, at some future date if the City would determine to install municipal sewer service that would service the area described in Exhibit "A", the area would nor molly be subject to assessment for its proportionate part of the cost of said municipal sanitary sewer, but if then served with a sanitary sewer could feasibly object to an assessment,and WHEREAS, The said developer wishes for itself, its successors and assigns, to waive any and all objections to any assessment for sanitary sewer levied by the City of Shakopee at some. future date. THEREFORE, THIS Agreement made and entered into as of the date hereinafter written, by and between the said developer, Scottland Inc. , and the City of Shakopee as follows: The City of Shakopee hereby authorizes the said developer to install at its own costs and according to plans approved by the City and on file with the City Engineer certain sanitary sewer service to the property described in the attached Exhibit "A" and to connect the same with the Shakopee municipal sewage system, and IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO, That in consideration of the permission hertofore granted ,the said developer does hereb ' .for itself, its successors and assigns, forever waives and releascs unto the City of Shakopee any and all objections to any assessments for sanitary sewer levied by the City against the property described in Exhibit "A" and this waiver includes, without limitation, objections to procedures and hearings before the City Council in connection with the assessment for future sanitary sewer improvements to the property described in the attached Exhibit "A", objections resulting from the failure to fully comply with any applicable statute and objections to the amount of any assessment for sanitary sewers hereafter levied against the property described in Exhibit "A" resulting or due from or to any improvements hereinbefore described. IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO, That the said developer, for itself, its successors and assigns,does further waive and surrender any right to appeal from any such procedure pursuant to the applicable Minnesota Statutes. IN TESTIMONY WHEREOF, This Agreement is entered into as of this day of August, 1986, by and between the City of Shakopee and Scottland, Inc. and the signatures affixed hereto were respectively authorized by the Shakopee City Council and the Board of Directors of Scottland, Inc. CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk SCOTTLAND, INC. By WITNESSES: Authorized signature L) STATE OF MINNESOTA) )ss COUNTY OF SCOTT ) On this day of 1986, before me, a notary public within and for said County personally appeared Eldon Reinke, John K. Anderson, Judith S. Cox, to me personally known, who, being each by me duly sworn they did say that they are respectively the Mayor, the City Administrator and the City Clerk of the City of Shakopee by authority of its City Council . STATE OF MINNESOTA) ss COUNTY OF ) On this (Z day of 1986, before me, a notary public within and for said County personally appeared SQ uMA LI CC sea) tome personally known, who, being duly sworn did say that is the "C ez)11 0" V L`t-�-R of Scottland, Inc. , the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors. 7_ a Timothy J. Keane Notary Public-bitnnesota Hennepin County My Comm. Exp.417.92 EXHIBIT A The West 494 . 00 feet of that part of the Northeast Quarter of Section 9 , Township 115 , Range 22, Scott County, Minnesota , lying North of the centerline of 12th Avenue as described in Document No . 29522 in the office of the Registrar of Titles , Scott County, Minnesota . Excepting therefrom that part of said Northeast Quarter lying within the plat of Valley Parc Third Addition. 1761m JULIUS A. COLLER, II JULIUS A.COLLER ATTORNEY AT LAW 612-44S-1244 1859-1940 211 WEST FIRST AVENUE SHAKOPEE, MINNESOTA 553Z9 August 13, 1986 MEMO TO: Shakopee City Council FROM: Julius A. Coller, II, City Attorney SUBJECT: Annexation by Ordinance The Vierling Property At the request of the Council I have checked the Annexation Petition of the Josephine Vierling Estateand I find as follows: 1. That presently the Petition is deficient. It must be filed with the Minnesota Municipal Board (formerly the Minnesota Municipal Commission) in the Metro Square Building, 7th and Roberts Streets, St. Paul, Minnesota. In checking with Mr. Vickerman of the Jaspers firm, the attorneys for the Vierling Estate, the Petition was not filed with the Board. After talking with Mr. Vickerman I am advised that this will be done by an Amended Petition or Supplemental Petition. 2. It is my suggestion that, in view of Resolution 868 concerning orderly annexation, that the Petition be referred to the City Engineer for his report as to whether the area can presently receive sewer service from the City by gravity flow without a left station. 3. Nothing further can be done until 90 days after filing of the Petition with the Minnesota Municipal Board. If objections are filed. a hearing must be held pursuant to Subdivisons 3, 4 and 5 of MSA 414.031. If no objections are filed and if the Council determines that the property proposed for annexation is now, or is about to become urban or suburban in character, the land may be annexed by ordinance, pursuant to MSA 414.033. I am returning the Petition herewith. Re ctfully submitted, J ius Coller, II Shakopee City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Vierling Petition for Annexation DATE: August 15 , 1986 This is in response to Mr . Coller ' s August 13 , 1986 memo regarding the proposed subject annexation . Attached is a map indicating the propose annexation area. As governed by Section 1 of Resolution No . 868 adopted by City Council on September 22 , 1975 , the area does fall within the Orderly Annexation area ( OAA) . This portion of the OAA is capable of being served by sanitary sewer by the VIP interceptor currently terminating at CSAH 17 . Although the area is not presently served by sanitary sewer and cannot be served without an extension of the VIP interceptor to the east boundary of the proposed annexation area , Section 2 of Resolution No . 868 is satisfied in that "the City has available and is capable of providing the municipal services required by the area" . The petition is being returned herewith. KA/pmp PETITION ��y— •1 i1.1 i�r�' 1 1� to 1 31 NpLMES �M11►1 [MURCNi Y bONOGL ` 'I 1 s•"R scNo°` AVE i IMAMYTNR ®® IWRR E� 1 •', � j 111..L1I' If..1IW11 11 IREi 111 � •S,LU NNS � f 16 STATE FARM p � s I ' ® M Ict I t— s /Orb AVE • u e ./ r ' l'Il GAGCESTMARKCEM , 1 I i f V f( HICIVAL e j I 100L 9 h N E A E 9 W 4 W � I ( PROPOSED i „ 21 i ANNEXATION s PARK L--- AREA — i -KSON TOWNSHIP � I - - �, ,,�----------- - -I- - - - - - - -- -- -� I 1, — _ _ _ IAS.p.=RS• MORIART}' ani' VA-'BURG. P.A. 206 SCOi,� S'REF T SH.AKOPEE, S1^ `5,79 1EROME .IASPERS TEL. r [ PATRICK MORIARTY HQ \\EST \1•\I\ STEPF[L- \\ \\AL[1ILRG NT-LLL PLA INE. \1't 56u11 LEE \ IC'KER%IA\ TEL. 612,S-1 2YRS � 19 \1 ET RU: 61=-a5-6561 1.1�-\ A. H1�IK[ R Jai ^ 0 -.• � , ME. Ju6v Cox Shakopee C17y Clerk 120 --First avenue East Shako-aee, M1\1 55379 -7, PETITION FOR ANNEXATION JOSEPHINE VIERLING :STATE Dear Ms. COX : Please rind enclosed, for filing , pursuant to Minn. Stat. §414 . 033 , subd. (5) a Petition =.._ Znnexatlon on behalf of the Josephine Vie=ling S--a--e. Very truly VOLTS, YIOR_12LR`'Y' AND WRLBURG, P.A. wee Vlcker,uan A-to-neV a- _,aw �\ J Acticn Recues-ed Refer to City Attorney for follow-up and verification. P-7-717-IM; Ell Ci Or, _�... .rs-7 0 JOSS_ -:Ii�� %%_=RLI1,C; -OR 1-'=-X' TION 0. CZRT..iN F_'7,7_.7_ _RJB `__� Sl CITY CT That the - etit:icn`r , Carl j . V Lerling , as Personal Re , ese: ., _J ve of the -state or Josephine Vierling , decedent , for his Petit-4--n fer Annexation pursuant to Minnesota Stat . §.:43 . 033 , Subd. 5 , States the following : '_ . That the Estate c-f Jesephine Vier-I--ig is the sole record fee owner of the following described real property located in Jackson Townshin , Scott County, * ir_nesota : The South one-'calf of the Northeast one-quarter of Section 12-115-23 , except approximately 10 acres thereof which 10 acres are covered by Certificate of Title No. 203-^_ ; Together with the North one-half of the Southeast one-cuar� o= Section 12-115-23. 2. That the above described real property abutts to the City cf Shakopee, is unplatted and conta=ns less than 200 acres. 3. That Petitloner requests p'`" Sua___ to m_^n. Stat. §:'1 . 0'33 r of _z_hak—_=)ee _.nnex above described -c-- _S Petition, __led �=_s Peti__on with the Scope County Board of C=-4s.._oners , the JaCR,SCn Town S___o Board. 7 ) S5. CO JI TY OF S'.r^SCr�ed S.: rn �o be=-re 'e _� S d , E V O.-� J-_. 4A. , 198-6 . eazau r STATE OF ;ltIN'NESOTA COUNTY COURT-PROBATE, DIVISION COUN-TF OF s .-- in Rc: Estate of Court File No. °�^= INTERI'M ORDER IN SUPERVISED Jpsc-_hone vierlinc ADMINISTRATION FOR Deceased Co::rt P•pL-roval ;gicwinjC the Personal Representative to petition the cit}, cf Shakopee for Annexation of certain Real Property %,rdch is included in the Estate. The application of earl J. tlierlinc dated J ull 1 Q c for an interim order in supervised administration for aovroysl in the estate of the above named decedent having duly come on for hearing before the above named court, the undersigned Judge having heard and considered such application, being fully advised in the premises, makes the following findings and determinations: court Approval 1. That the application for an interim order in supervised administration for .opine the F.F.. to petition the Citi is complete. cf Shakooee for Annexation i dao. x� : ,-� ''cY- a` c?srglr,�og � ix�;�, `�x 3. That the applicant has declared or auirmed that the representations contained in the applica- tion are true, correct and complete to the best of his knowledge or information. 4. That the applicant appears from the petition to be an interested person as defined the, laws of this state. B. That Supe2'Y25ed administration o;' this estate was ordered by this court by an order dated � -- zc 10 -7c i O. That an interim order for is necessary and arrr0773ate because: Now, therefore, it is ORDERED, ADJUDGED, and DEECREEED by the cou:- as follov-s: I T. That the application is nerem granted. 2. Tnat this court hereby formally orders That the Persona! Representative is a'_lowed and ordered to `_.ie a peti`i pith ^.Persona!Ci=y of Shakopee recuest_ng that the city o_` Shakopee annex the delioM_nc desc=i-ned real rcoerty w:.__.. is 4.c2.Laed in the estate: ripe Ci cf, imi c- Secticn 12, Tovrnship Ran QP 23, except ep roximateiv to acres N Bch are covered by cert=irate cf Title No. 2G34. Toaether with the Ni of SEI of Section 12-11:-23. i 'Coundary adj ctacn-.s be-�wecn zne c_ t op^ehe J_,._con as .o j:._ I ments _.ave made j o_Y_.t Coorcr._:_on z�a_=1 n- ___Cul'; and ? �, t:^_e -o,:___ _p^and -,* des_re to staci!ize and enhance -.ae _redictabi�l�� of she boundary situation _nsofa_ as .--z is co_^_sis„ent ;:ith she _i_ -s ff nrope=y owners and cther citizens; and mere is a basis for agreement De-meen the par.les icr acro lish—i.g these ends and the A2rtles lneeretuo d0 :'?ere:;; set cry- _ - c s agree mer>t be means of this resolution. jT RSC-1 Z7t.,D by the township of Jac_:scn n- .e .,-ty c lh�� she =0j:0i:_o Cesc__De0 area 12^_ Jac_S o- iS _rCAerl'v Subject u0 orderly annexa—zion under and _ __suar-t t0 x.032 and tlne parties here=o do .Hereby des:.g-ate t1S area 2S :.n need 0= crcerly �ex-at_0n 2s _rovideC C 7 ,.2t -.e gnat Dorticn Ci J2�_SOn io:n1 l-o adjacen- t0 and "cu-her--, G he �y 0. e can ^.resent jT re0elVe Se's er ser _ICe v-rom the „-- - o: Sr-2!:ooee Dy bra z.��: 110"vs �;lt_.0u� 1__ s-�2� o ^? c.:2o- QeSc_ w�1Cn CI „!1 be =_ree a nn ✓ a _____"�" _ ..l-_ o S::.: r_.n_a 2r_1 -:a Doom_.__ C_ycC__c.,__. .. Gc__ _ c_ ^eSs_„ ..�_0ersu0C: a.c J -r c_ _ c- n a ., Cse 0rrne r :acre pE:_ nea or ar_e:. ___ ___.,o the -_'iGPee Mance, _ W.._ - c "the V_ ..e__,. r” u-.._'-e ._ ,...`1 o n 2 :c� n� e_ and c =11 Ce2r_exe_ zo -19 c_ 2!:omee __.__ce 2^... '___ ncu be suz2eC-� .G c r r I y Z__c_.a 021. - 4.__ _resew- a =� �lOn = _ 2._�X2t1C rDy Crd na oe moo✓ane here and ._:E_e-_..re -- n= os subjec-. -.o tract-L.-7 2r.=_::a- ^__-at t-he Or C:_SO__ does :0n the pas52ge cr th 4 _eSC'_l;_.10_ __ .e ..___es0.2 12r� l�cl Co�_SsiO_n SO 2S 70 acc __ Jam-_+ .. .. •+ tJ_1u.,_G_.. arc- -cc c::.r: or --n ._--a-•=- - _-rac-.cr c z C- Cr y ar anc,.,c ac z cri a craerl cf -final cz azrec-mcn e es not �reclu,` aireemen-. _e .he _..anne z:c-.a .un- cc7.miscion xrom cuch anns::at� cns in resp onse cr 4- othe�.--racr�4nary ,o _-p -. e4tions of np-roper., v.,ners er =tar -f -s .cc at Cc=�ssi one cr-e t li t e d r,c r at o .0 e--,i an c e I ocal :1a__.t5 a' coc-Pmra' I,ov;e ve an I- -f e d,e r al, s e e 0 D 0 4-t an, 0 r 0 c a2l E;0 v e=s Z L'_it Cr with to do so, aires--ts tne City of _"_,_CL-.opee J VICS EM-Y Ccr - ____- -6 --- - r__ Sez"71ceS, SC-- cn -f ckscn :-07*.*n-"- 'p '.':J th su--- area as is so cr-'er-3- Decc:-;e a �icn of _;le Er=� d e z_4 gn a.s:! as im nee' of cr�_erly anrie:,_Z. on ..naer ye=s of is a,=eement. C. f-'-at t'-ne City nct --o cc-__en..- or azzrove any anne::ations outzide above des.--bed crderlY Ere_= =t.-,l suc- t4mc as are let for cons-.:-ac-.ion. t-h-e- unde--s-.00d that of S_h.=:czee -�ms xcr a merfod of one hun_-'re,� suc:: Emne a fcr in-ccrp-crat-4 :�n. �_t _'S tl, -n-6 C� a '_�ecids -no-. -.0 so _Petiticn fIC-- or _n t.fe [._-ter: ve .-..__,,.o_. ov.,n_nnim En 01.1-1 a —ic ____4 - 4� _1 so — -1, and, spJd pe t�_t i on oz- d e d lY t-"Ie '-'- C - CC— C- -"e -)arti-es to a=rL-emen-. endeavcr 70 E _7er in-.0 a are-- C, C --i -^e.-'"c• c. ...n c- u "n" it "c __- _ _ �«.__ are c ��___-: Oo� c. 7,he cost of e::-�enc.inE the ser':ice V:,nlc_. she to __ssess cene:_t.e3 -roper,;,- as G ,;o e.:tcnsi on. r hoor:gip „ flr�e (=_. cG__�_Cn o she �trcDc�i.Z.^. i1c.S�e .�.OW':ission 1 ch^ c_n^�l of - ?e.._en extension the :l_ :100_^.gip .. .,.rbc � _ G-- .•--.�0 be _ \_ .. :.\_0:7 .Yr._..._On 0� « .n-i._...+t;j ecua -..0 t_ie Qe-.rec_G-..ec value of the L-_'__ j' Sy s cei' ' iV'_Qe4 b3 t.'lc ...._✓er or Y.__rs. __ _ yes -as .. -,_"-e :.M: .t of he acove char,-es be de-.cia',ea' « r_e UL ____i..__ ..._... r e _G-r i=_s Gg__e uc ce ......-n- u.J -Y'_• decisicns. 6. :_hzt f I sr_.._:r rc U- the DGrv_ec YhGv vL cions ,or this C_:;ree-:e_t GO nct supersede t^e .Zta utccr;y r..;tho__« and eS�C._Sl�i��uj� o, -, _._.._1c:ta -_-_15zicn es'.abl—JElne: cj" the legislature. 7. Lf-e_ she -�_ _ cf s azreeWent in she =_ve.� that the _:- J2_._r__ r._ __.t_,._1 tee._ 7 the he _v v_ .--e area :.nvc-:ea _s .._ is F_�L -. .0 become _-Jan .._ In v__-_G".. _.0 unless the v_vj _. s _r r e ...r_____ _._ \ .. C rCJ �� U«r rhe r0 ..: �Y: Y_.. ��-�cr_ U\JrG YG.a -_G4 .�.__Y.-_ __Gv �J _rue-r be Lre�- r�.-+�� v_ s....r. .r...'..�: -._ ...••.^J rYr Ye^. 'TT7` .. v.:.C.:._ of~__�r,-O,tL MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Marschall Road Reconstruction DATE: August 13 , 1986 INTRODUCTION & BACKGROUND: Scott County is currently reconstructing Marschall Road ( CSAH 17) south of 11th Avenue within the City of Shakopee . For the most part, the project is funded by Scott County with state aid and local County roadway funds. Based upon Scott County ' s "Policies for Cost Participation with Municipalities" adopted by the Board of Commissioners on July 8 , 1986 , the City is responsible for certain cost sharing. The City ' s cost share is from storm sewer installation and the total breakdown is as follows : Scott County $ 966 , 118 .50 City of Shakopee $ 57, 859 . 15 Total Project $1 ,023 ,977 .65 These costs are still an estimate at this point and the City ' s share will be funded by state aid. RECOMMENDATION: Enter into Agreement No . 8601 with Scott County for the cost participation of the reconstruction of Marschall Road. ACTION REQUESTED: Move to authorize the appropriate City Officials to enter into Agreement No. 8601 with Scott County for the cost participation of the reconstruction of Marschall Road from 11th Avenue to County Road 42 with the City ' s Cost participation to be funded by State-Aid. KA/pmp N08601 SCOTT COUNTY or HIGHWAY DEPARTMENT COURT HOUSE A106 SHAKOPEE, MN. 55379-1396 (612y445-7750, Ext.346 BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE July 25, 1986 Asst. Highway Engineer Mr. Ken Ashfeld City Engineer 129 East First Avenue Shakopee, MN 55379 Re: SAP 70-617-07 CSAH 17 (Marschall Road) Dear Mr. Ashfeld: Enclosed are two copies of Cooperative Agreement No. 8601 for the above referenced project. The cost patin are based on Scott County' s "Policies for aCost 1Participatiodowns with Municipalities" adopted by the Board of Commissioners on July 8, 1986 . If the enclosed Cooperative Agreement meets with City approval, please sign and return the two copies for final County execution. Thank you for your attention in this matter. Sincerely, Bradley J. a on p. County High ngineer BJL/miv Enc. cc: R. E. Mertz , County Commissioner Joe Ries, County Administrator An Equal Opportunity Employer e-a J�i1 Agreement No. 8601 4a State Aid Project No. 70-617-07 CSAH 17 City of Shakopee l County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws. cf the State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 17 from 700 feet South of County Road No. 42 to approximately 788 feet south of 11th Avenue (Engineer ' s Stations 293+00 to 439+50 ) as shown on the County Engineer ' s plans for State Aid Project No. 70-617-07 , which improvement contemplates and includes grading, drainage, bituminous base, bituminous surfacing, landscaping and other related improvements ; and WHEREAS, The above described project lies within the corporate limits of the City, and - 1 - Agreement No. 8601 WHEREAS , The County Engineer has heretofore prepared an engineer ' s estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost ( Actual Bid Price) for contract work in the sum of One Million, Seventeen Thousand, Three Hundred Twenty-one Dollars and Twenty-nine cents ( $1 , 017 , 321 . 29 ) . A copy of said estimate (marked Exhibit "A" ) is attached hereto and by this reference made a part hereof ; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162 . 17 , Subd. 1 . NOW, THEREFORE, IT IS HEREBY AGREED: I The County or its agents have advertised for bids for the work and construction of the aforesaid Project No. 70-617-07 , received and opened bids pursuant to said advertisement and entered into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties . The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. 2 - Agreement No. 8601 II The County shall administer the contract and inspect the construction of the contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision of the work. III The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer ' s Estimate referred to on Page 1 of this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV In addition to payment of the City' s proportionate share of the contract construction cost, the County and the City further agree to - 3 - Agreement No. 8601 participate in the Preliminary Engineering, which includes all costs of planning, design and preparation of plans and specifications, in an amount of eight percent ( 80) of the cost of construction. The County and City further agree to participate in the construction engineering, which includes the complete staking, inspection and supervision of the construction, in an amount of five percent ( 5%) of the final contract amount. Participation of engineering costs by the City shall be the same Dercentage as the total construction participation. The cost of the items in which the County shall participate shall be oased on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. The County and the City shall participate in the cost of the storm Sewer construction as per recommendation of the Hydraulics Engineer of the iinnesota Highway Department and the Scott County Highway Department' s proposed "Policies for Cost Participation with Municipalities. " V The City shall, based on the contract price, deposit with the Scott :ounty Treasurer ninety percent ( 90%) of the estimated City' s share of the :onstruction and engineering costs as partial payment within thirty ( 30 ) _ays after award of contract and execution of this Agreement, whichever is .ater.. 4 - Agreement No. 8601 The remaining amount of the City' s share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County' s final, itemized, statement of the project costs. In the event the partial payment exceeds the City' s share of these final costs , such overpayment shall be returned to the City by the County. VI The County Engineer shall prepare monthly progress reports as provided in the specifications . A copy of these reports shall be furnished to the City upon request. VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The County reserves the right not to issue any permits for a period of five ( 5 ) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new Agreement No. 8601 work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities . IX The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. X Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of County State Aid Highway No. 17 constructed under this project. No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI Neither the County, its officers , agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any - 6 - Agreement No. 8601 kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers , agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. - 7 - Agreement No. 8601 XIII It is further agreed that each party to this agreement shall not be esponsible or liable to the other or to any other person whomsoever for ny claims , damages , actions, or causes of actions of any kind or aaracter arising out of, allegedly arising out of or by reason of the E�rformance, negligent performance or nonperformance of any work or part 2reof by the other as provided herein; and each party further agrees to 2fend. at its sole cost and expense any action or proceeding commenced for le purpose of asserting any claim of whatsoever character arising in Dnnection with or by virtue of performance of its own work as provided arein. XIV It is further agreed that any and all employees of the City and all :her persons engaged by the City in the performance of any work or rvices required or provided herein to be performed by the City shall not considered employees , agents or independent contractors of the County, d that any and all claims that may or might arise under the Worker ' s mpensation Act or the Unemployment Compensation Act of the State of nnesota on behalf of said City employees while so engaged and any and 1 claims made by any third parties as a consequence of any act or ission on the part of said City employees while so engaged in any of the _k or services provided to be rendered herein shall be the sole 3ponsibility of the City shall in no way be -the- obligation or zponsibi lity of the County. 8 - - _ f Agreement No. 8601 Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker ' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. Xv The provisions of M.S. 181 . 59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 9 - EXHIBIT A 1 of 5 Sleet 2 of 6 S.A.P. 71-617-47 STAT9W OF WORK CERTIFIED UNIT CUITNACT THIS STATBOT CITY OF SHAKOPEE SI14RE SCOTT COIMY SHARE NO. CQfTRACT ITEMfit j1 PRIG KWITY Mw oUAtrrITY AMW 7 WTY A"tr r QUFI ffM AMOI 41 Mobilization LS 21,001.11 1 21,180.11 1 1.81 110.1 1 26,086.00 43 Field laboratory, Each 2,501.01 1 2,500.81 1 C." 100.0 1 2,510.01 Type OX (P) 11 Clear 8 Grub Roadways LS 5,425.01 1 5,425.01 1 6.11 101.6 1 5,425.01 13 Saving Bituminous Pavowat LF 2.01 296 592.11 1 1.81 100.1 296 592.11 21 Salvage Culvert Pipe LF 4.31 168 722.40 1 0.11 let./ 168 722.41 09 Remove Concrete Drainage Each 70.11 42 2,940.11 1 1.01 181.1 42 2,940.01 Dans 31 Rem# Concrete Curbing LF 2.15 36 77.46 1 0.81 101.1 36 77.41 49 Reave Cattle Pass (P) Each 861.11 1 861.11 1 t." 101.1 1 868.81 Al Rome Fence LF 1.54 2,578 1,392.12 1 0.01 101.0 2,578 1,392.12 529 lastall Temporary Fence LF 1.43 1,141 491.21 1 t." 101.1 1,141 498.20 :26 Rewe Temporary Fence LF 1.43 1,141 490.21 101.1 1,141 490.21 128 Install Fence LF 1.86 2,320 1,995.20 1 1." 110.1 1.66 1,995.21 125 Abandon Well (P) Each 1,081." 1 1,001'01 1 1." 101.1 1 1,600.01 311 Common Excavation (P) CY 1.13 89,578 111,223.14 1 1." I"J 89578 111,223 J 4 23 Common Borrow (EV) CY 2.23 24,861 55,935.01 1 1.11 101.0 24861 55,935.01 OI Aggregate Base, Class 5 Ton 4.81 69,217 276,828.11 1 1.81 180.1 69217 216,828.11 44 Bituminous Material for Toa 154.01 612 91,800.00 1 1.80 181.1 612 91,800.00 Mixture 310 Binder Course Mixture Ton 6.41 7,347 47,020.80 1 0.11 100.1 7347 47,020.88 114 Base Carse Mixture Ton 6.46 4,897 31,340.80 1 1.11 101.0 4897 31,348.80 44 Bituminous Material for Ta 150.00 508 76,201.01 1 8.01 100.1 508 76,200.01 Mixture EXHIBIT A 2 of 5 Sheet 3 04 6 S.A.P. 7g-61717 STATew Of NORK CERTIFIED J�1 CULT WIT CMTRACT THIS STATEMEl'fT CITY OF S1iAlgff SHARE SCM cowry Smn _ WT = � m Amm MOT Z MEM AMOIM 2341.518 Nearing Course Mizttrt Ta 7.91 1,463 66,857.71 1 LN 100.1 8463 66,857.71 2357.502 Bitumiaous Material for Bal. 1.91 6,384 5,745.61 i Tack Cat !'!! 100.1 6384 5,745.68 2358.501 Bituoioous Material for 641. 0.85 21,149 17,126.65 Prise Cat 8.q 100.6 20149 17,126.65 2501.511 15' C.S. Pipe Culvtrt LF 11.16 1,186 11,951.28 8 !'q 100.1 1188 11,951.28 2511.511 18' C.S. Pipt Culvert LF 11.25 172 1,935." 1 1.11 lle.! 172 1,935.N 2501.511 24' C.S. Pipt Culvert LF 13.60 31 408.61 1 !'q 1q.1 3r 418." 2561.521 28' SFU C.S. Pipe-Arck LF 19.61 41 784.11 1 I.q Culvert I".1 4i 784.p 2501.521 35' SOU C.S. Pipe Arck LF 19.25 34 654.51 1 Culvert !•N 180.1 34 654,58 2501.511 54' C.S. Pipe Cvlvtrt LF 71." 61 4.20/•" 1 B.N 101.1 N 4,281." 2581.511 18' R.C. Pipe Culvert, LF 25.11 68 1,711.11 1 Class JI !•N ii/.i 66 1,711.10 ?501.511 24' R.C. Pitt Culvert, LF 38.51 114 4,904." i Class III t•t1 111.1 114 4,114.01 '501.511 24' R.C. Pipe Culvert, LF 43." 116 4,988." / 1,11 Class IV 101.1 116 4,988." 'X1.511 36' R.C. Pipt Culvert, LF 36.75 114 5,902.91 1 !.1! Class III 181.1 114 5,912.01 -Q1.515 15' C.S. Pipe Aprons Each 55." 47 2,W.to 1 i.q 10e.1 41 2,585.0e 301.515 10' C.S. Pipe Aprons Each 71." 8 59.10 1 !.N ,101.515 24' C.S. Pipe Aprons Each 96.80 2 192." 1 1.11 ?1.525 28' Stan C.S. Pipe-Arck Each 95.11 2 191.11 1 1.11 Aprons 188.8 2 191.11 EXH--B'-T A 3 of 5 Sheet 4 of 6 S.A.P. 71-617-47 574TEM131T OF WORK CERTIFIED UNIT CWTRA#'T TKIS STATB*NT CITY OF SHAKOPEE SHARE SCOTT COINTY SHARE MOl WRACT ITEM UNIT !Em QlYi ITY At1Qitf MT1T1' MW Qti4►iTITY MW Y� m Amm .525 35' Spur C.S. Pipe-*ch Each 145.11 2 290." 1 1." 100.1 2 291.11 Aprons ,315 54' C.S. Pipe Aprons Each 751.06 2 1,511.11 1 0.11 106.1 2 1,511.01 515 18' R.C. Pipe Aprons Each 230.11 3 691." 1 0." 180.1 3 691.11 .513 24' R.C. Pipe Aprons Each 315.N 4 1,261." 1 1.11 1".# 4 1,260.00 515 36' R.C. Pipe Aprons Each 522.11 2 1,144.N 1 1.11 l".1 2 1,044." 515 15' C.S. Pipe Apron with Each 145.00 1 145." 1 1.11 101.1 1 145.01 Trash Guard 515 15' R.C. Pipe Apron with Each 222.01 1 222.01 1 L" 70.35 1.7033 156.16 29.65 .2965 65.82 Trash Guard 515 18' C.S. Pipe Almon with Each 172." 1 172.H 1 0." 108.1 1 172.00 Trash Guard .541 15' R.C. Pipe Sewer, LF 22.90 596 13,648.41 1 LH 71.35 419.286 9,601.63 29.65 176.714 4,046.75 Des. 30660, Cl. II .541 18' R.C. Pipe Sewer, LF 26.75 52 1,391.01 1 0.11 180.1 52 1,391.01 Des. 3006D, Cl. II 541 18' R.C. Pipe Sewer, LF 27.H 20 5,4H.N 1 LH 70.35 141.71 3,798.91 29.65 59.31 1,611.10 Des. 3166D. Cl. N 541 24' R.C. Pipe Sewer, LF 33." 1,234 41,722.11 1 1.11 71.35 868.119 21,647.93 29.65 365.881 12,174.17 Des. 3106D, Cl. IV 511 18' Polyeric Coated LF 16.15 611 91806.53 1 1.11 1H.1 631 91816.53 C.S. Pipe Sewer 511 F.4 I. 18' C.S. Pipe Elbow Each 111." 1 111.11 1 1.11 1H.1 1 111.00 40 27' Bend 506 Construct Manholes, LF 152.01 21 3,192.10 1 1.11 51.255 11.76353 1,636.06 48.745 11.23645 1,555.94 Des. 020D 547 Construct Catch Basins, LF 142.00 50 7,100.01 1 1.11 62.8!29 31.4464 4,465.40 37.1071 18.5535 2,634.60 Des„ 41200 EXHIBIT A 4of5 1C :� Sheet S of 6 SA.P. 71-61747 STATEMEFTT OF WORK CERTIFIED WIT COf AACi THIS STATEPOT CITY OF SHA1(OPEE SHARE SCOTT COWTY SHARE ITEM N0, COKTWT ITEM l{NIT M-U QlW ITY AMOINT KWM ~ I L Amw 7 mam mm 2506.516 Casting Assmbl its Each 271." 9 2,430.10 1 /.N 54.7167 4.9245 1,329.62 45.2833 4.1755 1,181.38 2506.511 Install Castings Each 55." 9 495.00 1 0.81 54.7167 1.9245 271.85 45.2833 4.1755 124.15 2511.541 Random Riprap, Class III CY 31.81 68.3 2,192.11 1 1.01 11.2971 7.7385 247.63 88.7129 61.7615 1,944.37 2511.511 Granular Filter CY 21.00 33.7 717.70 1 0.01 11.4815 3.8693 81.26 88.5185 29.8317 626.44 2531.511 Concrete Cmrb ! 6utttr LF 20.11 39 780.81 1 I.N 118.1 39 781.01 Des. 6616 2331.512 Concrete Curb, Des. LF 25.18 36 911.81 1 0.00 101.1 36 911.01 Typical 12, Sheet 6 2531.522 Cowcrete Dirtctiomal LS 211.00 1 200.00 1 C.// 180.1 1 211.04 Island 2535.541 Bitmlinous Corb, Des. LF 1.51 867 1,300.51 1 1.01 181.1 667 1,380.51 Typ. 8, Sheet 6 2375.511 Roadside Seeding (P) Acre 65.00 23 1,495.0 1 0." 100.1 23 1,495.01 2575.512 Seed, Mixturt 8 (P) Lb. 2.35 1,035 2,432.25 0 /.!1 101.1 1035 2,432.25 2575.5!5 Sodding Sy 1.11 25,479 28,026.90 0 0.11 100.0 25479 28,026.98 2575.511 Minch Material, Type I (P) Ta 95.H 46 4,371.H 1 1." 111.1 46 4,371.11 2575.519 Disc Anchoring Acre 22.01 23 506." 1 1.01 101.1 23 516." 2411.517 Concrete 18' Surge Basin Each 621.11 1 621.11 1 1." 111.1 1 628." 2105.531 Salvage Bituminous Mixtert CY 2.81 12,556 25,112.01 1 0.11 100.0 12556 25,112.11 (E.V.) (P) 2104.523 Salvage Sprinkler Systn Each 300.00 1 300.01 0 /.H 188.1 1 300.01 (P) 1104.523 Install Sprinkler Systm Each 500.00 1 500.01 0 0." 100.0 1 500.01 (P) EXHIBIT A 5 of 5 Sheet 6 of 6 S.A.P. 71-617-17 STAT Doff OF WX CERTIFIED UNIT CwrmCT THIS STATDW CITY OF SHAKOPEE SIWRE SCOTT CaNTY SWRE Flg CONTi 2 ITEM MT PRICE QtWIT ' Afi011f QUWTITY MW Y wm m WITY fflm 511 Concrete Crrb k 61tter, LF 25.11 55 1,375.11 1 1.11 71.35 38.6925 967.31 29.65 16.3175 417.69 Des. 6624 511 Aggregate Shouldering, Tom 11.11 817 6,171.11 1 1.01 101.1 817 6,171.01 Cl.. 2 548 F. k 1. Decorative Rock# LS 206.00 1 261.10 1 I." 111.1 I 210.11 Participating TOTAL 1,017,321.29 1.11 51,281.79 966,116.51 M for Preliminary Engineering o 4,196.22 37: for Construction Engineering; 2,561.14 COST CITY OF SIWKOPEE t 57,859.15 Original Contract Amount $1,117,321.29 Original Contract Am et Pins SmPPlaeotal Agrenxnts 41,117,321.29 Total Contract Ammt to Date 4 1,01 Y. Oderrmm or Wderrmm tX i MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer , SUBJECT: Holmes Street Storm Sewer Project DATE: August 13 , 1986 INTRODUCTION; The attached Change Order No. 1 for the Holmes Street Storm Sewer Project accounts for additional improvements to the street lighting electrical system . BACKGROUND: Due to the necessary placement of storm sewer along an area restricted by other utilities, a segment of street light wiring was disturbed. The original contract called for the contractor to reinstall the street light wiring to its original condition. The original street light wiring was . done by direct burial . It is the opinion of Lou VanHout, Shakopee Public Utilities Manager, that since this wiring constitutes a new facility , that the construction should be brought up to code and that the wiring be placed in conduit. I fully agree with Lou ' s opinion. Change Order No . 1 to the Holmes Street Storm Sewer Project reflects that changed condition . Since this relocation and improvement is necessary due to the project, I recommend that the cost of Change Order No. 1 be funded by the 1986-1 Holmes Street Project . RECOMMENDATION: I recommend that Change Order No. 1 be approved for the addition of street light wiring conduit along 2nd Avenue . REQUESTED ACTION: Move to approve Change Order No. 1 to the 1986-1 Holmes Street Basin Lateral Project in the amount of $1 ,600 .00 , to be funded by F the 1986-1 Project . KA/pmp CH 1 HS range Order No. : 1 Project Name: Holmes Street Basin Laterals ate: Auu"st 14, 1986 Contract No. : 1986-1 riginal Contract Amount $ 941 ,253.82 range Order(s) No. thru No. $ atal Funds Encumbered Prior to Change Order $ 941 ,253.82 2scription of Work to be Added: Additional Trenching and Installation of 2" PVC Conduit for Street Lighting on 2nd Avenue. .ie above described work shall be incorporated in the Contract, referenced above, under the Mme conditions specified in the original Contract as amended unless otherwise specified arein. Any work not so specified shall be performed in accordance with the Standard --)ecifi.cations adopted by the City of Shakopee, Minnesota. ie amount of the Contract shall be increased by $ 1 ,600.00 ie number of calendar days for completion shall be (increased/decreased) by _0 -iginal Contract Amount $ 941 ,253.82 range Order(s) No. 1 thru --- $ 1 '600.00 )tal Funds Encumbered $ 942,853.82 )mpletion Date: September 1 . 1986 .ie undersigned Contractor hereby agrees to perform the work :)ecifi.ed in this Change Order in accordance with the )ecifications, conditions and prices specified herein. )ntrac _tle rte: ` lyG 'PROVED AND RECOMMENDED: _ty Engineer r Date / 'PROVED: City of Shakopee • — Approved as to form this yor Date day of 19 City Administrator Date City Attorney City Clerk Date 1 ' MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineerx4e" SUBJECT: Sanitary Sewer Service Rehabilitation DATE: August 14 , 1986 INTRODUCTION: Council requested Engineering to review policies relating to sewer service replacement in other communities and consider a policy for the City of Shakopee. BACKGROUND: Engineering staff has surveyed communities that have utilities with relative age similar to Shakopee and which policies they have adopted or informally used . The information obtained related to cost responsibility, mandatory replacement policies , and street cut policies. The following is a discussion of these basic issues . Cost Responsi b;li try Although most policies, if in existence, varied greatly between communities, the one common element seemed to be the policy of service replacement cost responsibility . If services need replacement during a sewer and/or street rehabilitation, the cost of the service is the responsibility of the property owner. Typically, replacement is necessitated by service deterioration from age. It should be noted that some communities stated that the City assumed the responsibility of service repair and/or replacement cost if that action was necessitated due to faulty construction of a public improvement project . The forestated cost responsibility policies are consistent with the policies of the City of Shakopee. Although the concept of City responsibility for faulty construction is not an established policy in Shakopee, I understand that the City has followed that course in the past. I believe our present policy is adequate and that any cost responsibility for faulty construction be reviewed by Staff and Council on an individual basis . Mandatory Service Replacement Policy We did not receive any indication of mandatory service replacement policies. The City of Minneapolis has operated very similar to Shakopee in that service condition is analyzed prior to replacement and each property owner notified of service condition beyond the street right-of-way . P1 Sewer Service Rehab. August 1 i4 , 1986 Page 2 Certainly the service pipe material has a bearing on the service condition analysis . Very old services were frequently constructed out of material referred to as "transite" which is an asbestos type material and "orangeburg" which is a rolled paper and bituminous material . It has been the City ' s policy to replace these materials whenever encountered. Other service pipe materials frequently used were cast iron, vitrified clay, and most recently plastic. Although plastic is not as forgiving to poor construction practices as iron and clay , it is a very good product. The life expectancy of cast iron , clay , and plastic is on the order of 100 years . This is approximately five times the longevity between resurfacing of streets . A mandatory replacement policy . would result in replacing many services that may be in the early stages of their expected life . The procedures that the City has operated by in the past is consistent with that of other communities. Although the current policies tend to put the inspector in the position of making judgement calls at times, I contend that if the service condition is marginal , it should be replaced. I recommend that the service replacement policies of the City continue as in the past . Essentially , the following standard operating procedures has been followed : Sanitary sewer and/or street rehabilitation project is identified. Feasibility study reports the project cost and associated assessment costs. Sanitary sewer mains are replaced as identified. All services consisting of "orangeburg" and "transite" pipe materials are replaced and associated costs assessed to the property owner. All services of cast iron , clay , and plastic are reviewed as to condition and age if known. These service are replaced if determined to be in poor condition and associated costs assessed to the property owner . If upon replacement of the service to the property line, it appears that the remaining portion of the service pipe to the house is in poor condition , Engineering notifies the property owner and recommends replacement . Sewer Service Rehab. August 14 , 1986 Page 3 If upon replacement of the service to the property line, it appears that the remaining portion of the service pipe to the house is on the verge of failure and that failure will result in jeopardizing the operation of the system, Engineering will request the Building Department to condemn the service and require its replacement . Street Cut Permits This issue was very wide ranging as far as policies are concerned, from non-existent to very tough. For instance, Edina has a no cut policy for 5 years after a street is resurfaced and if a repair is necessary, a $500 .00 fee is charged. Minneapolis is similar in that they have a 5 year no cut policy and that any utility work within that period requires a special permit carrying a $25.00 filing fee and Council approval . The unique aspect that Minneapolis incorporates in their street cut policy is that they require the contractor to restore the street with blacktop. Then , irregardless of the condition of the patch placed by the contractor , City crews redo the work at their convenience and charge the property owner based upon square yardage . One problem that Shakopee has been experiencing is the timely restoration of utility trenches and the continued performance of the restoration work . Another problem , of which Council addressed, is the street cut opening of a relatively new street. I recommend that Council direct Engineering to initiate a 5 year no street cut permit policy whereas ; 1 . Emergency repairs to existing utilities are allowed. 2 . Installation of new utilities will only be allowed upon approval of Council with recommendation from the City Engineer establishing special conditions to the permit. Engineering, in conjunction with Public Works, is in the process of establishing an operating procedure for the enforcement of the City Code relative to the timely completion of street cut permit requirements. f( r Sewer Service Rehab. August 14 , 1986 Page 4 REQUESTED ACTION: Move to direct the City Engineer to initiate a Five-Year No Street Cut Permit Policy on new streets whereas ; 1 . Emergency repairs to existing utilities are allowed, and ; 2 . Installation of new utilities will be allowed only by approval of City Council with special conditions to the permit. KA/pmp SERVICE MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer SUBJECT: Stormwater Management Planning for Upper Valley and Dean ' s Lake Areas DATE: August 14 , 1986 INTRODUCTION: Council , at their June 10 , 1986 meeting, directed me to obtain engineering costs to conduct a stormwater management plan for the Upper Valley and Dean ' s Lake drainage areas . BACKGROUND: In early 1985 , the City selected various consultants for general civil and transportation projects. It was the intent to select a hydrology/hydraulics consultant also but the process was not completed. The list was narrowed to a few candidates of which a consultant was to be selected. I sent requests for proposals to Barr Engineering , Orr-Schelen-Mayeron Associates ( OSM) , and Howard Needles Tamman & Bergendoff ( HNTB) . HNTB declined to submit a proposal . Proposals from OSM and Barr Engineering was reviewed by the Consultant Selection Committee (Mayor Reinke, Councilman Colligan, and myself) . It was the consensus of the committee that the project should be assigned to OSM, of which the City already has a contract with for general civil engineering work. OSM proposed to complete the subject stormwater management plan for a cost not to exceed $24 ,000 .00. This cost would be funded by the Storm Sewer Fund and would eventually become a portion of the Upper Valley Basin project cost. This total project cost will be used to calculate the special benefit charge of the storm sewer utility for properties within the Upper Valley Basin. The original contract with OSM requires an extension agreement for major tasks such as this proposed study. RECOMMENDATION: Enter into agreement with OSM for the Stormwater Management Plan for the Upper Valley Drainage Basin and Dean ' s Lake . REQUESTED ACTION: Move to authorize the appropriate City Officials to enter into agreement with Orr-Schelen-Mayeron & Associates for the Upper Valley Basin Stormwater Management Plan for a cost not to exceed $24 ,000 .00 . KA/pmp STWATER ORR•SCHELEN• MAYERON ASSOCIATES, INC. Consc.!lein Y Engine '.-S Lanci '�carve lrors August 15, 1986 City of Shakopee 129 East 1st Avenue Shakopee, MPJ 55379 Attn: Mr. Ken Ashfeld, P.E. City Engineer Re: Contract Extension Agreement Comprehensive Storm Drainage Plan Mill Pond Basin Dear Mr. Ashfeld: As per our Agreement for Professional Services with the City of Shakopee, Section 1-A-3-6 (Major Projects) , this extension agreement is for the Mill Pond Basin Comprehensive Storm Drainage Plan. Orr-Schelen-Mayeron & Associates, Inc. agrees to accomplish the scope of services as stated in the proposal submitted to you on July 28, 1986 for a fee not to exceed $24,000. The City of Shakopee agrees to reimburse OSM for these services in accordance with Section IV of the Agreement for Professional Services. We look forward to working with you on this project. If this meets with your approval , please sign below and return one copy to our office. Yours very truly, ORR-SCHELEN-MAYERON ASSOCIATES, INC. CITY OF SHAKOPEE Robert D. Frigaard P.E. ssociate Mayor John P. Badalich, P.E. Vice President City Administrator RDF/JPB:mlj City Clerk �� July 28, 1986 Mr. Ken Ashfeld, P.E. City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Mr. Ashfeld: Orr-Schelen-Mayeron & Associates , Inc. is pleased to submit this proposal provide consultant services to assist the City of Shakopee in the preparation of a Comprehensive Storm Drainage Plan for the Mill Pond Basin. We are highly interested in helping the City meet its needs in the areas of planning and design for this project . OSM is familiar with the area through our other engi - neering projects in Scott County and particularly in the City of Shakopee. We have patterned our response in the order specified in your posal . We have included a statement of understanding, descriptions Re f oour work plan and work product, experience of our personnel and our cost to model the Mill Pond Basin. We look forward to your favorable consideration of our professional services and the opportunity to meet and discuss our qualifications with you. Sincerely, ORR-SCHELEN-MAYERON PJi3hn ASSOCIATES, INC. P. Badalich ,ce President JPB:nlb TABLE OF CONTENTS SECTION I Statement of Understanding . . . . . . . . . . . SECTIONS II AND III Work Plan and Product . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION IV Project Team . . . . . . Prior Work Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION V Modeling Methods for Mill Pond Basin . . . . . . . . . . . . . . . . 26 Comprehensive Drainage Plan Schedule and Cost . . . . . . . 27 SECTION I STATEMENT OF UNDERSTANDING The development of a comprehensive storm drainage plan for Shakopee 's Mill Pond Basin at this time is an important step for the City considering other activi- ties which are taking place. The Shakopee Water Management Organization (WMO) is in the process of developing their Chapter 509 Watershed Management Plan. Large areas of the watershed lying outside of the City drain thresh the city. It is very important for the City of Shakopee to undertake its own study and work with the WMO to establish a reasonable storm water flow which the city will then be responsible to perpetuate. OSM is prepared to work with the City of Shakopee to assure that this is accomplished. The storm water design process for the T.H. 101 bypass construction will - mence soon. This provides an opportunity to design and construct ajoint com sewer facility at substantial cost savings. A completed Comprehensve Storm Drainage Plan by the City p the direction fwill provide or this joint storm so m ewer construction prior to ordering T.H. 101 construction, if this option becomes the best alternative. Recent development pressures within the Mill Pond Basin require the City to plan now for storm water management while options are still available. A thorough Comprehensive Storm Drainage Plan conceived today will provide a good long term storm water drainage solution. OSM understands that the objective of this project is to provide the best possi- ble Comprehensive Storm Water Management Plan for the Mill Pond Basin. We will work with the City of Shakopee and state and local agencies to ensure that the plan is an acceptable document with a realistic implementation plan. Drainact corridors and detention areas can be preserved by the Cit of Shako ee in this rapidly developing area. OSM is capable of implementing this preservation in our design and construction plans . -1- SECTIONS II & III WORK PLAN & PRODUCT A. Model Existing Storm Water Conditions The work plan will begin with the storm water modeling of the Mill Pond Basin for the existing condition. The basin will be divided into several subwater- shed areas with drainage area, storage capacity, and peak runoff identified for each subwatershed. The modeling of each subwatershed will be based on the "100 year storm" (1% chance of occurrence) which is the standard used throughout the State of Minnesota. The modeling of rainfall events in this study will be based on the "Hydrology Guide for Minnesota" developed by the U.S. Department of Agriculture Soil Conservation Service. These hydrology methods and techniques are the result of a hydrology study conducted in Minnesota by the Soil Conservation Service in the fall of 1975. The Soil Conservation Service 's basic hydrologic concepts such as the rainfall -runoff relationship and peak discharge equation will be used. The Scott County Soil Conservation Service is preparing the Watershed Management Plan for the Shakopee Water Management Organization. THE USE OF THE SOIL CONSERVATION SERVICE CONCEPTS WILL ASSURE AGREEMENT WITH THE SHAKOPEE WMO ON EXISTING STORM WATER FLOW RATES. The hydrographs of the subwatersheds will be combined as stormwater flows pro- ceed from the upstream to the downstream portions of the basin. Peak storm water discharges will be identified at major wetlands or ponds, jurisdictional boundaries and major roadway crossings. Existing drainage structures will also be identified. The modeling of the existing Mill Pond Basin and agreement between the Shakopee WMO and the City of Shakopee is the first major task which must be completed prior to analyzing drainage corridors and detention facilities in the City of Shakopee. -2- B. Study Alternative Drainage Corridors and Detention Facilities Once the base storm water inflow to the City of Shakopee has been established by the City and the WMO, a detailed storm water management plan for the Mill Pond Basin may proceed. The two corridors identified in the Request for Proposal (the Upper Valley Drainage Way, and the Dean Lake Drainage Way) , will be studied as feasible alternatives along with other routes which OSM and the City may view as feasible corridors. In addition to alternate outlet routes , various levels of ponding will be studied. The cost/benefit of using developable land for ponding vs. the cost/benefit of constructing large and likely expensive outlet facilities must be addressed. With our computer capabilities OSM will be able to model several detention volume vs. outlet size options to allow the City to select the best Possible combination. Coordination with the Minnesota Department of Transportation (Mn/DOT) is impor- tant during this phase. The construction of the T.H. 101 bypass may rovide a tremendous opportunity to share storm water facility costs with Mn/DOT. Mr. Shannon, our proposed Project Manager, worked 8 years with Mn/DOT and served as hydraulics engineer for Mn/Dot District 9 (St. Paul ). He is extremely familiar with Mn/DOT policies and personnel and would be of great value in negotiating a cooperative storm water system design and cost participation program between the City of Shakopee and Mn/DOT. C. Predesign and Preliminary Cost Estimate After the corridor and ponding study is complete, alternatives will be pre- sented. A minimum of three alternatives , including preliminary layouts and cost estimates, will be provided. Recommendations will be made based on monetary and non-monetary considerations as well as input from City staff and numerous state and local agencies. The Comprehensive Storm Drainage Plan may then be adopted by the City of Shako- pee. -3- MODELING METHODS FOR MILL POND BASIN I. DETENTION AND SEDIMENTATION BASINS Detention and sedimentation basins, as the names imply, are used to retard the movement and volume of water and sediment. They may be used independently or in combination for multiple use applications . Principle applications are uses for flood routing in combination with culverts and storm sewers to reduce overall cost and discharge, or to meet water quality discharge requirements. Flood routing is an analysis of the relationships of an inflow hydrograph to an outflow hydrograph based on the stage discharge and stage storage characteristics of a proposed storage site. The analysis may be applied to ponds, reservoirs and streams. Data required for analysis includes the following: (1) Drainage area and runoff characteristics (2) Time of concentration (3) Rainfall intensity, duration and accumulation (4) A stage storage curve for the basin (5) A stage discharge curve for the outlet OSM uses a computer program to assist the engineer in hydrologic evaluation of flood events. The program is based on the Soil Conservation Service basic hydrology concepts. The program is a single event model which computes direct runoff resulting from any synthetic or natural rainstorm. It develops flood by- drographs from runoff and routes the flow through stream channels and reservoirs. It combines the routed hydrograph with those from tributaries and computes the ` peak discharges, their times of occurrence and the water surface elevations at any desired cross section or structure. Any one of the above items can be printed out as well as discharge hydrograph elevations, if requested. The program provides for the analysis of up to nine different rainstorm distributions over a watershed under various combinations of land treatment, floodwater retarding structures , diversions, and channel work. Such analysis can be performed on as many as 200 reaches and 99 structures in any one continuous run. The program -26- uses the procedures described in the SCS National Engineering Handbook, Section 4, Hydrology (NEH-4) except for the reach flood routing procedure. The program was originally developed by the Hydrology Branch of the Soil Conser- vation Service (SCS) in cooperation with the Hydrology Laboratory, Agricultural Research through a contract with C-E-I-R, Inc. Modifications and additions have since been made both through the Economics, Statistics, and Cooperations Service (ESCS) and by the SCS. COMPREHENSIVE DRAINAGE PLAN SCHEDULE PHASE A. . . . .. .. . . .. .. . . .. . . . .. . . . .August 1986 - September 1986 PHASE B. .. .. . . . . . . . .. . .. . .. . . . . .. .October 1986 PHASE C. . . .. . . .. . . . .. .. .. .. . .. .. . .November 1986 OSM proposes to complete this work at a cost not to exceed $24,000. PROPOSED DESIGN AND CONSTRUCTION SCHEDULE City Council authorized plans & specifications. . .. .December 2, 1986 Plans and specification preparation. .. . . . . . .. . . . . . .December 1986 - February 1987 Bidopening. . . . . . . ....... . . . .. .. . . .. . . . . .. . . .. . . . ..March 1987 Construction begins. .. ... . .. . . . . . . .. . . . .. . . . . . . . .. .April 15, 1987 -27- - MEMO TO : John K . Anderson, City Administrator FROM: Ken Ashfeld , City Engineer ' SUBJECT: Railroad Crossings Addition to 8/15/ 86 Agenda Item lli DATE: August 19 , 1986 INTRODUCTION : I have been unable to obtain a firm commitment from Chicago Northwestern Railroad ( CNR) regarding the improvements stated in my August 15 , 1986 memo . BACKGROUND: Two specific railroad related elements were addressed in the aforestated memo , crossings and conduit communication. Rubberized Crossings The superintendent of railroad crossings for CNR has been absent from the office due to a derailment problem. The person next in charge that I have been in communication with could not give a firm commitment but did indicate that they would repair as many crossings as possible this fall and repair the additional crossings next spring . Alternatives : 1 . Do Nothing . 2 . Direct staff to pursue rubberized crossing improvements at certain crossings . 3 . Direct staff to pursue rubberized crossings at the ( 6 ) identified crossings , including sidings , at Spencer , Sommerville , Lewis , Holmes , Fuller , and Atwood Streets . Communication Conduit The person in charge of negotiating a program to underground the signal communication wiring is on vacation until next week. It was indicated to me that CNR is usually opposed to underground wiring . Alternatives : 1 . Do Nothing . 2 . Pursue further' -the unde-rgrounding " of signal communication wiring . Railroad Crossings August 19 , 1986 Page 2 RECOMMENDATION : Rubberized Crossings I recommend Alternative 3 . This would require staff to immediately advertise for the furnishing of 400 lineal feet of rubber material at an estimated cost of $80 , 000 .00 . This bid could be rejected or its quantity revised based upon CNR ' s construction schedule . Bids would be ready for Council consideration at their September 16 , 1986 meeting . I further recommend that 25% of the cost be assessed to the Downtown Redevelopment Area , $31 , 000 . 00 financed by the Pavement Preservation Fund and the remaining cost from the TIF Fund . Communication Conduit I recommend Alternative 2 . REQUESTED ACTION: 1 . Move to direct staff to advertise for rubberized crossing materials for railroad crossings at Spencer , Sommerville , Lewis , Holmes , Fuller , and Atwood Streets ; bids to be opened at 10 : 00 A.M. , September 9 , 1986 . 2 . Move to direct staff to verify an installation agreement with Chicago Northwestern Railroad for the installation of rubberized material and establish a schedule for installation at Spencer , Sommerville , Lewis , Holmes , Fuller , and Atwood Streets to be reviewed by City Council in conjunction with review of rubber material bids . 3 . Move to direct staff to pursue the undergrounding of signal communication wiring along the CNR tracks between Spencer and Atwood Streets and report back to City Council . KA/pmp ADDITION MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City Engineer/ SUBJECT: Railroad Crossing Improvements DATE: August 15 , 1986 INTRODUCTION: The Chicago-Northwestern Railroad Company verbally notified Engineering on August 7 , 1986 that they have funds available to improve various railroad crossings and they propose to improve, on a priority basis, the crossings at Holmes, Sommerville, Lewis, and Spencer . Their request of the City is to patch the bituminous after their complete reconstruction of the crossing. BACKGROUND: Chicago-Northwestern Railroad ( CNR) is planning on completing any crossing work agreed to by the City in the month of September and/or October. Although the proposed work is "fast tracked" by CNR due to unexpected funding, I feel the following issues should be addressed : 1 . City ' s priority of streets, 2 . Possibility of rubberized crossing, 3 . Undergrounding signal wires, 4 . Railroad crossing electrical conduit installation, 5 . Funding of any associated City cost 1 . Priority of Streets It is not coincidental that the four crossings identified by CNR lie within the CBD area. It is their desire to fix the ones downtown and they did not feel that they could accomplish more than the four identified. Since a downtown redevelopment project is proposed for next year and Fuller and Atwood are within that redevelopment zone, inclusion of these additional two crossings would be beneficial. The CNR representative indicated that it may be possible to expand their proposed project. 2. Rubberized Crossings The railroad was not planning on installing rubberized crossings in conjunction with the proposed improvements . Typically , rubberized crossings are normally installed if the City assists in the project by purchasing materials or the City assists in an ongoing federal program. Railroad Crossings August 15 1986 Page 2 If the City were to purchase the materials , the estimated cost is $200 . 00 per track foot . Each of the subject crossings are single track with the exception of Atwood which has two sidings and I recommend a 50 foot wide installation. Therefore, the estimated cost to the City is $10 ,000 .00 per crossing with the exception of Atwood which would be $30 , 000 .00 if all tracks are rubberized. Perhaps just the main line should be rubberized if it is thought possible to eliminate one or both of the sidings in the future. Note that the recommended 50 feet would provide rubber through the traffic lanes but not through the sidewalk areas. If the City participates in the federal program, the local share ( City Cost) is 10% of the total crossing cost. CNR estimated the per crossing total cost is $50 , 000 . 00 , therefore, the City cost in conjunction with the federal program is approximately $5 , 000 . 00 . For a crossing to qualify for federal funds, it must work its way through a prioritizing schedule based upon available funds, existing condition of the crossing, traffic volumes, etc . At this point , these crossings are not within the priority system and it would be highly unlikely that the City could put together a package proposal to do all the subject crossings since the federal program tends to spread the available money across the country . Furthermore, if CNR upgrades the condition of the crossings and bituminous is replaced, it is unlikely that these crossings would qualify for the federal program in the future based on their existing condition since their conditions will be improved. If it is desirable to install rubberized crossings now or in the future, I believe it is best to do it now in conjunction with the proposed improvements in September for the following reasons : a . The uncertainty of future federal funding. b. If a deal can be struck with CNR to do all the crossings, these improvements would tie in well with any future development efforts . If the downtown redevelopment does not come to a reality , the smooth crossings will certainly be enjoyed by the motoring public for many years to come . C. CNR may not be cooperative in the future if they reconstruct the crossings now and then be asked to redo them with rubber in the future. They were unsure of available funds to do the work if asked to hold off until next year, i . e . , their funds must be spent this year or lost entirely. Railroad Crossings August 15, 1986 Page 3 d . When improving the crossings , the grade will be raised slightly . If completed this year, any grade changes will be known for design of future redevelopment efforts. e. If a future redevelopment project does come to reality , having the crossing work completed ahead of time will decrease the expected construction congestion. If it is desired to proceed with rubberized crossings in cooperation with CNR now , I recommend that we obtain Council approval on August 19 , 1986 and immediately request bids for the materials. Although it may be possible for CNR to purchase the materials and the City reimburse them through a cooperative agreement , the City can save sales tax and excise tax if purchased directly through bids. 3. Undergrounding Signal Wires It is my understanding that it is a goal of the downtown redevelopment to remove the blighted signal control wiring currently located along the tracks. If crossing work is completed now , it seems that installation of a conduit system would also be prudent at this time . I am in communication with the CNR signal department to try and coordinate this work if Council approves. 4 . Electrical Conduit I also understand that it is a goal to eventually underground the City ' s electrical system in the downtown area . Although this proposal is on very short notice, if a packaged project is developed with CNR, perhaps SPUC would be interested in getting a couple large conduit crossings in since the track area would be totally dug up. 5. Funding of City Cost If all six crossings were completed with rubber , it appears the maximum City cost would be approximately $80 ,000 .00 plus miscellaneous bituminous patching that would be completed with City forces. This cost would be reduced to $60 ,000 .00 if just the main line is rubberized at Atwood Street. This cost could be covered by any combination of the following funds : a . Pavement Preservation Fund : As of now, approximately $ 150 , 000 . 00 is under contract of a budgeted $ 181 ,000 .00 . In the spirit of pavement preservation, the remaining $31 ,000 .00 could be used . Railroad Crossings August 15, 1986 Page 4 b . Downtown Streetscape Program: Although a fund is not established as of yet, this improvement cost could be considered a "systems cost " and 25% assessed as a "systems charge" as per the City ' s assessment policy adopted in August, 1978 . C . Tax Increment Financing. d. Capital Improvement Project Fund. I recommend a combination of Alternatives a, b, and c . On August 13 , 1986 the Downtown Committee discussed this and the unanimous consenus of those present was to recommend Alternative a, b, & C. SUMMARY Although these proposals are on very short notice , I feel the notification of CNR' s intentions is timely and I believe the City should take advantage of the situation with complimentary improvements . In the next few days, hopefully before the next Council meeting, I will have more information and can provide specific alternatives and recommendations . KA/pmp CROSSINGS An additional memo with the action requested will be on the Council table Tuesday evening. MEMO TO: John K. Anderson, City Administrator t FROM: Steve Hurley , Engineering Technician SUBJECT: Change Order No. 1 for 2nd Avenue Landscaping DATE : August 12 , 1986 INTRODUCTION: A change order is needed on the 2nd Avenue Landscaping Project. BACKGROUND: On July 22 , 1986 City Council approved a supplemental contract in the amount of $5 , 880 .00 for electrical work necessary to provide lighting on the 2nd Avenue Landscaping Project. The lighting plan that generated- the $5 ,880 .00 estimate was based on certain construction procedures and materials. Subsequent discussion with the electrical contractor and Shakopee Public Utilities indicated that a modified plan was needed. This plan included boring under existing pavement in the parking lot to reach the islands where two thirty foot lights will be located. The cost for this work is estimated at $1 , 540 .00 . REQUESTED ACTION: A motion to approve Change Order No . 1 to the supplemental contract in the amount of $1 , 540 . 00 for Project 1986-7 , 2nd Avenue Parking Lot Landscaping. SH/pmp CHOR1 CEANG'E ORDER aange Order No.: 1 Project Name:2ud Ave. Parking Lot Landscaping ate: August 8, 1986 Contract No. : 1986-7 ascription of Work to be Added: Change order to Supplemental Contract No. 1 for labor and materials necessary to wire street and parking lot lights. (See Attached) ae above described work shall be incorporated in the Contract, referenced above, under the ame conditions specified in the original Contract as amended unless otherwise specified =rein. Any work not so specified shall be performed in accordance with the Standard pecifications adopted by the City of Shakopee, Minnesota. ae amount of the Contract shall be increased by $ 1,540.00 ie number of calendar days for completion shall be (increased/decreased) by 0 -iginal Contract Amount $ 40,896.03 aange Order(s) No. 1 thru 1 $ 1,540.00 Applemental Contract No. 1 $ 5.880.00 3tal Funds Encumbered $ 48,316.03 impletion Date: November 1, 1986 ae undersigned Contractor hereby agrees to perform the work pecified in this Change Order in accordance with the oecifications, conditions and prices specified herein. antractor: l�v itle ate: j 'PROVED-AND RECOMlDMED: _ty Engineer Date ?PROVED: City of Shakopee - - Approved as to form this !yor Date day of 19 City Administrator Date City Attorney City Clerk - Date MEMO TO : John K . Anderson, City Administrator FROM: Ken Ashfeld , City Engineer i SUBJECT: Street Lighting CSAH 16 at Cty . Rd . 89 and Cty . Rd . 83 DATE : August 11 , 1986 INTRODUCTION: Street light warrant studies have been completed at the subject intersections as requested by the City . BACKGROUND: Scott County Highway Department , at the request of the City , has completed warrant studies for the installation of street lights where CSAH 16 intersect Cty . Rd . 83 and Cty . Rd . 89 . As indicated in the attached letters from Brad Larson, warrants were met at Cty . 83 but not at Cty . 89 . Upon execution of Agreement No . 8604, Scott County will install street lights at Cty . Rd . 83 . The terms of the agreement are such that the City will accept responsibility and cost for the maintenance and electricity . As stated in Mr . Larson ' s letter regarding Cty . Rd . 89 , the County would not object if the City would install street lights at Cty . Rd . 89 at the City ' s cost . RECOMMENDATION: Approve the execution of Agreement No . 8604 . ACTION REQUESTED: 1 . Move to authorize the appropriate City Officials to enter into Agreement No . 8604 with Scott County for participation in the installation and operation of a street light at the intersection of CSAH 16 and Cty . Rd . 83 . 2 . Move to receive and file correspondence from the Scott County Highway Engineer indicating street lights are not warranted at the intersection of CSAH 16 and Cty . Rd . 89 . KA/pmp STLIGHTS SCOTT COUNTY HIGHWAY DEPARTMENT or COURT HOUSE A106 �( SHAKOPEE, MN. 55379-1396 (612)445-7750,Ext.346 ` BRADLEY J. LARSON Highway Engineer DANIEL M.JOBE Asst. Highway Engineer July 28 , 1986 Mr. Ken Ashfeld City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: CSAH 16 @ CR 83 Street Light Dear Mr. Ashfeld: Review of recent traffic surveys taken at the above referenced intersection revealed that traffic volume warrants for the installation of a street light have been met. Current policy provides that Scott County will install the street light at the intersection provided the City of Shakopee accepts the responsibility and cost for the maintenance and electricity. If the enclosed Cooperative Agreement meets with City approval, please sign and return the two copies. Upon execution of the Agreement, we will proceed with the installation of the street light. Thank you for your attention in this matter. Sincerely, VT 4 Bradley J L son, .E. County Hi w Engineer BJL/jes Enc. cc: R.E. Mertz , County Commissioner Mark Stromwall, County Commissioner Joe Ries, County Administrator An Equal Opportunitv Emolovor Agreement No. 8604 CSAH 16 at County Road 83 City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN THE INSTALLATION AND OPERATION OF A STREET LIGHT THIS AGREEMENT, Made and entered into this day of , 19_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of =he State of Minnesota, hereinafter referred to as the "City" . WITNESSETH: WHEREAS, It is considered mutually desirable to install a street light at the intersection of County State Aid Highway No. 16 and County Road No. 33 within the City: and WHEREAS, The City has expressed its willingness to participate in the ;perating cost of said street light; and - 1 - Agreement No. 8604 WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S. Sec. 162 . 17 . NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I The County shall install, or cause the installation of a street light at the intersection of County State Aid Highway No. 16 and County Road No. 83 . Such installation, as described immediately above, shall be hereinafter referred to as the "project. " II The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. III The City shall provide the electrical energy for the operation of the street light to be installed under the project, all at the sole cost and expense of the City. - 2 - Agreement No. 8604 IV Upon completion of the work, the City shall maintain the street light including, but not limited to photoelectrical controls , relamping, glassware, and cleaning of the glassware thereof at the sole cost and expense of the City. V The construction of this project shall be under the supervision and ?irection of the County. However, the City Engineer shall cooperate with -he County Engineer and his staff at their request to the extent lecessary, but shall have no responsibility for the supervision of the 7ork. VI It is further agreed that the County shall not be responsible or .fable to the City or to any other person or persons whomsoever for laims, damages, action, or cause of action of any kind or character rising out of, allegedly arising out of or by reason of the performance, agligent performances or nonperformance of any work or part hereof by the ity as provided for herein; and the City further agrees to defend at its ole cost and expense any action or proceeding commenced for the purpose asserting any claim of whatsoever character arising in connection with by virtue of performance, negligent performance or nonperformance 2reunder by the City. 3 - Agreement No. 8604 It is further agreed that the City shall not be responsible or liable to the County or to any other person o r persons whomsoever for claims, damages , action, or cause of action of any kind or character arising of, allegedly arising out of or b out Y reason of the performance or nonperformance of any work or part hereof by the County as provided for herein; and the County further agrees to defend at its sole cost an expense any action or d proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virt of performance ne g g li ent performue performance or nonperformance hereunder by the County. It is further agreed that any and all employees of the Cit other Y a nd all persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees , agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker ' s Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged an any and all claims made b an third g d y y parties as a consequence of any act or omission on the part of said City employees while so engaged on an of Provided t the work or services Y o be rendered herein shall be the sole responsibility of the City and shall in no way be the obligation or responsibility of the County. - 4 - Agreement No. 8604 Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees , agents or independent contractors of the City, and that any and 311 claims that may or might arise under the Worker ' s Compensation Act or :he Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any =hind parties as a consequence of any act or omission on the part of said ;ounty employees while so engaged on any of the work or services provided -o be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. VII The provisions of M.S. 181 . 59 and of any applicable local ordinance -elating to Civil Rights and discrimination and the affirmative action )olicy statement of Scott County shall be considered a part of this .greement as though fully set forth herein. - 5 - I Agreement No. 8604 CSAH 16 at County Road 83 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE By Mayor ( SEAL) Date And City Administrator Date COUNTY OF SCOTT ATTEST: BY By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. By County Attorney RECOMMENDED FOR APPROVAL: Date By County Engineer Date APPROVED AS TO EXECUTION: By County Attorney Date SCOTT COUNTY HIGHWAY DEPARTMENT or COURT HOUSE A106 SHAKOPEE, MN. 55379-1396 (612445-7750,Ext.346 BRADLEY J. LARSON Highway Engineer July 28 , 1986 DANIEL M.JOBE Asst. Highway Engineer Mr. Ken Ashfeld City Engineer City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Street Light CSAH 16 @ County Road 89 Dear Mr. Ashfeld: As requested, Scott County has investigated the above referenced intersection to determine if a street light is warranted. This letter contains the findings and recommendations of the study. The Minnesota Traffic Engineering Manual states, "The purpose of highway lighting is to promote safe and orderly movement of traffic by artifically illuminating certain permanent features or conditions which: ( 1) are unusual, ( 2) require additional care and alertness to negotiate, or ( 3 ) may be more readily comprehended by the motorist if artifically illuminated. " The manual includes warrants for the installation of roadway lighting for at-grade intersections. These warrants and the related study findings are discussed in the following paragraphs. The first warrant relates to traffic volumes. "A lighting warrant exists, if one of the following traffic signal warrants are satisfied for any single hour during conditions other than daylight, excluding the time period between 6 : 00 A.M. and 6 : 00 P.M. Warrants are: ( 1 ) minimum vehicular volume, ( 2 ) interruption of continuous traffic, or ( 3 ) minimum pedestrian volume. " Listed below are the minimum volumes required to meet each of the 3 warrants. The values have been reduced to 700 of the total as allowed when the major roadway ( CR 89 ) has travel speeds in excess of 40 mph. Volumes must be met on both roadways during the same time period in order to meet the warrants. #1 #2 #3 ROAD _ MIN. VOLUME INTERRUPTION PEDESTRIANS CSAH 16 - 105 vph 53 vph - CR 89 - - 350 vph --525 .vph (both approaches)--i- = An Equal Opportunity Employer Mr. Ken Ashfeld July 28 , 1986 Page 2 Traffic counts ( attached) show CSAH 16 meeting the Warrant 1 volume between 8 and 9 P.M. and exceeding the required volumes for Warrant 2 for both hours between 7 and 9 P.M. However traffic volumes on County Road No. 89 fell considerably below the required Warrant volumes. The second type of warrant pertains to traffic accidents . "There are three ( 3 ) or more accidents per year occurring during other than daylight. " The accident records from January 1 , 1984 through December 31 , 1985 were reviewed. There were no reported accidents during this period. The third warrant type states that if the intersecting roadway is illuminated, the at-grade intersection should be illuminated. As neither of these roadways have continous street lighting this warrant is not met. The remaining five warrants relate to ambient light, channelization, school crossings , signalized intersections and intersections with flashing beacons. None of these warrants would pertain to this intersection. As none of the warrants were met, or within reasonable limits, it is recommended that Scott County not participate in the installation of a street light. However, if the City of Shakopee would decide to install a steet light, Scott County would not disapprove of such installation. If you have any questions or desire further information, please contact this office. Sincerely, Bradley J. on, P.E. County Hig Engineer BJL/jes Enc. cc: Commissioner Stromwall Joe Ries , County Administrator r oar. m-.,; L,:, c , : - PORTABLE TRAFFIC FIC RECORDER DATA SHEET LOCATION - ` `' COUNTY ` STATION NO. COUNT BEGINNING DATE DATA BYE^•' '' DATE AVERAGE of COUNT DAY LMON TUE WED 7HUR FRI SAT SUN WEEKDAY WEEK END 12-IAM 1 - 2 2-3 3-4 4- 5 5-6 ;r 6-7 7-8 '2 8-9 9-10 10-11 II -12N 2- 3 `^ 3- 4 4- 5 5--6 4- EL 6-7 7- 6 7 8- 9 9- 10 -2 - 10- 11 1 �� 11 -12M TOTAL = `� SKETCH i ( AVERAGE DAILY TRAFFIC Remorks' C RECORDER TYPE: HR ❑ MR ❑ AR ❑ 1 MACH N0. TAPE NO. FILE NO. Form MHD 29176 ;3-'3) PORTABLE TRAFFIC RECORDER DATA SHEET r` LOCATION ` �' COUNTY STATION NO. COUNT BEGINNING DATE `` DATA BY —LLI K F DATE AVERAGE of COUNT DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END 12-1AM 1 - 2 2-3 3-4 4_ 5 < 5-6 6-7 8-9 2- 9-10 2� 10-11 16 2- 11 II -12N I 12- 1 1 -2 L ILI 3-4 �- 4- 5 5- 6 7- 8 8- 9 9- 10 �' r 10- 11 7 i^ 11 -12M ? TOTAL 2 r SKETCH AVERAGE DAILY TRAFFIC Remorks; N RECORDER TYPE HR ❑ - MR ❑ AR ❑ kinru ►In TAPP NO FII F NO PORTABLE TRAFFIC RECORDER DATA SHEET LOCATION f R COUNTY STATION NO. 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(D 'b n r• r• r• r• r• r• "-i (D (D It G t7 W oo.p--p-\D c+ 'd N ct c+ c+ c+ c+ c+ 0 (D 'l �l O 11 x O (D T1 CA =J C 3 =J OA cz+ C) C'] F~- m t�7 N m LzJ H H � (D H O O RO t7 Z H 1-3 H• 0, 0 C B B CD c7 C O (D � CD �3' � (D co Z C\ c+ N N IV N N N N N N N N N N N N N N N N N N n F- N F-' F-' F- N Fl F-I H F- N N F- F- Fl F- F N Fl N Fl x N N N N N IV N IV N N N N N N N N N N N N N ',D \O\D\O\D\,D �,D\D \D � � 10 N � O CD OD 00 OD Co 00 M OD Z � � O t!7 = _ _ _ _ _ > Cn < ''d 0 F- C = t J = 3 b H F- < p y � P tt O m ::5 (D to t7 m (D F' �o @ c+ r• O c+ W Cl) c+ 7' RO W F-' > ® cF �l Cf) a, y �3 l< O p m O O P) It O M h c+ c+ to �, ~ CI) U F,CD ^K CD 1 �5 + I r N CO W D CJ) (( Uri (D F✓ ((D X x O O 'd Fl 00 CD v N r✓ -PCD CT \O \-n O'\ C:D OD \D 0 \n > CT C)\ w O -J Cb W OD \n O 0 3 O w 07 N OD N W CT O o O �n n rr, n) rn n n n %gym MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: South Parkview 1st Addition - Letter of Credit DATE: August 15 , 1986 Introduction The city has on file a letter of credit for the public improvements for South Parkview 1st Addition in the amount of $121 , 787. 00 . The developer is asking that the letter of credit be reduced in the amount equal to the completed work. A maintenance bond has been filed with the city and approved by the City Attorney. The developers agreement provides for the reduction of the letter of credit by Council upon submission of a maintenance bond. The value of the work remaining times 125% equals $15 , 000 . Alternatives 1 ) Reduce letter of credit. 2 ) Don' t reduce letter of credit Recommendation Alternative 1 Action Recommended Authorize the reduction of the letter of credit for the South Parkview 1st Addition public improvements to $15 , 000 . JSC/jb r. MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk --''�_ RE: Capital Equipment - Administration DATE: August 15, 1986 Introduction• It is necessary to purchase a typewriter for the new receptionist. Part of her responsibilities will be light typing. Background: At the request of the Capital Equipment Committee, the following information is provided. According to the Finance Department ' s fixed assets, the following is a list of typewriters owned by the city: DEPT. DISCRIPTION YR. PURCHASED PRICE aC Admin IBM Quietwriter 7 2/85 $851.00 City Clerk Olivetti 1/78 800.00 Finance Olivetti ET 121 12/81 796.00 Xerox 610 Memorywriter 12/82 1,350.00 Planning IBM Quietwriter 7 2/85 905.00 Police IBM Wheelwriter 5 2/85 993.00 IBM Selectric II 1/80 864.00 IBM Selectric 1/76 800.00 Bldg. Ins. IBM Wheelwriter 5 1/86 1,025.00 Engineering IBM /84 195.00 (Trade-In Price) Public Works Typewriter - Olivetti 1/76 900.00 Olivetti ET 221 12/81 1,564.00 *Type writers with printer/computer interace. Both the used engineering typewriter and the public works 1976 typewriter are in need of repair. Public Works acquired the Olivetti ET221 when the Building dept- ment acquired the IBM Wheelwriter from police. This replaced the old 1976 typewriter which is in poor condition and is currently not being used. The five year capital equipment list containes a 1987 computer purchase for $5 ,000 for Public Works. Mr. Hurley advises me that this $5 ,000 will cover a typewriter with printer/computer inter- face. Alternatives 1) Purchase a new typewriter for light typing at $400 . 00 . It can be passed down to Engineering or the Fire Department when replaced. CA'e4'h% 2 ) Purchase a typewriter with printer/computer interface,= for Public Works now and transfer the 1981 Olivetti to the receptionist. 3 ) Repair the public works 1976 noisy typewriter. Recommendation Alternative No. 2 Although a budget amendment for 1986 will be necessary for Public Works, the 1986 expenditures will not exceed the budget since the voting equipment budgeted in 1986 , will not be totally spent. Recommended Action Authorize the purchase of a typewriter with printer/computer interface for Public Works at a cost not to exceed $1 ,125 .00 . JSC/J b C� II MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Resolution of Appreciation -� DATE: August 8 , 1986 Introduction and Background On August 5th, Council requested the preparation of resolutions of appreciation for Mr. Bob Ziegler and Stan Dircks . A resolution of appreciation has also been prepared for Nancy Christensen whose term recently expired on the Community Services Board. These are the first resolutions of appreciation for members on the Community Services Board, probably because there hasn' t been turnover since the Council has been routinely adopting resolutions of appreciation. Action Requested 1 . Adopt Resolution No. 2599 , A Resolution of Appreciation to Stan Directs. 2 . Adopt Resolution No. 2600 , A Resolution of Appreciation to Nancy Christensen 3 . Adopt Resolution No. 2601 , A Resolution of Appreciation to Bob Ziegler. JSC/jms RESOLUTION NO. 2599 A RESOLUTION OF APPRECIATION TO STAN DIRCKS WHEREAS , Stan Dircks served on the Police Civil Service Commission for over six years until expiration of a three year term ending January 31 , 1983 ; and WHEREAS, Stan Dircks unselfishly contributed his time and talents to the City of Shakopee during his tenure on the Police Civil Service Commission. NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE CITY COUNCIL, on behalf of the residents of Shakopee , that the Shakopee City Council does hereby extend to Stan Dircks the deep appreciation of the City for his years of civic interest and dedicated service to the community. BE IT FURTHER RESOLVED, that an apology is hereby extended to Stan because of the oversight and delay in Council ' s expression of their appreciation. Adopted in Adj . Reg. Session of the City Council of the City of Shakopee, Minnesota, held this 19th day of August, 1986 . Mayor of the City of Shakopee ATTEST; City Clerk Approved as to form this day of 1986 . City Attorney Z 6- RESOLUTION NO. 2601 A RESOLUTION OF APPRECIATION TO BOB ZIEGLER WHEREAS , Bob Ziegler served on the Shakopee Community Services Board from April, 1982 to August , 1986 ; and WHEREAS , Bob Ziegler served as Vice Chairman of the Shakopee Community Services Board from 1983 to August, 1986 ; and WHEREAS , Bob Ziegler has unselfishly contributed many hours of service to the City of Shakopee during his four years on the Shakopee Community Services Board. NOW, THEREFORE, BE IT RESOLVED by the Shakopee City Council, on behalf of the residents of Shakopee and on behalf of the Shakopee Community Services Board, that the Shakopee City Council does hereby extend to Bob Ziegler the deep appreciation of the City for his years of civic interest and dedicated service to the community. Adopted in Adj . Regular Session of the City Council cf the City of Shakopee, Minnesota, held this 19th day of August, 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1986 . City Attorney RESOLUTION �,-T0. 2600 A RESOLUTION OF APPRECIATION TO NANCY CHRISTENSEN WHEREAS , Nancy Christensen served on the Shakopee Community Services Board from May, 1978 to February, 1986 ; and WHEREAS , Nancy Christensen served as Chairperson of the Shakopee Community Services Board from 1983 to February, 1986 ; and WHEREAS, Nancy Christensen has unselfishly contributed many hours of service to the City of Shakopee during seven one half years on the Shakopee Commmunity ServiicesrBoard. and NOW, THEREFORE, BE IT RESOLVED bythe Shakopee City Council, on behalf of the residents of Shakopee and on behalf of the Community Services Board, that the Shakopee City Council does hereby extend to Nancy Christensen the deep appreciation of the City for her years of civic interest and dedicated service to the community. Adopted in Adj . Regular Session of the City Council of the City of Shakopee, Minnesota, held this 19th day of August, 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as t day of o form this 1986 . City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Amending the Fee Resolution DATE: August 14 , 1986 Introduction and Background On July 15 , 1986 , Council directed staff to prepare the appropriate resolution setting forth a fee for the issuance of a certificate of occupancy. The attached resolution amends our current fee resolution. At the time a building permit is issued the building inspector will collect an additional fee for a certificate of occupancy. After the final certificate of occupancy is issued, 90% of the fee shall be refunded. This resolution also includes establishing a fee for fast tracking the building permit process, to cover additional city expenses . The fee shall be an additional 30% to 100%. At the time of issuance of the building permit a minimum deposit of 300 shall be required. If additional city expenses exceed 30%, the building inspector could collect them prior to issuance of a certificate of occupancy. If it is clear that the city expenses will be greater than 30%, a deposit greater than 30% can be collected when the building permit is issued. The language is similar to the language in the fee resolution for the liquor license investigation fee if outside Minnesota. Recommended Action Offer Resolution No. 2604 , A Resolution Amending Resolution No. 2479 Adopting the 1986 Fee Schedule, and move its adoption. JSC/jms RESOLUTION NO. 2604 A RESOLUTION AMENDING RESOLUTIO NO. 2479 ADOPTING THE 1986 FEE SCHEDULE WHEREAS, the City of Shakopee has adopted a fee schedule for licenses, permits, services and documents; and WHEREAS, a change in conditions warrant modifying the fee schedule. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Shakopee, Minnesota, that the 1986 Fee Schedule is hereby amended by adding the following to the building permit fees: 1 . Certificate of Occupancy a. Commercial/Industrial - . 005 times the value of the project, or $500. 00, whichever is greater b. Residential - . 005 times the value of the project with a $500 . 00 maximum ( 90% of the fee shall be refunded when a final certificate of occupancy is issued. ) 2 . Fast Tracking Issuance of Building Permits Fast tracking building City expenses up to 100% of permit process building permit fee with a 30% deposit. Adopted in session of the City Council of the City of Shakopee, held this day of 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney I MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk,, ,,�� ',-�" RE: Setting Forth a Fast Tracking Process for the Issuance of Building Permits DATE: August 14 , 1986 introduction and Background On July 15 , 1986 , Council directed staff to prepare the appropriate resolution setting forth a fast tracking process for the issuance of building permits. Council also requested that a fee be charged with the flexibility of 30% to 100%. This fee is set forth in a separate resolution under consideration by Council August 19th. Alternatives a. Adopt resolution as drafted. b. Don' t adopt a fast tracking process . c. Amend resolution as drafted. Recommended Action Offer Resolution No. 2605 , A Resolution Setting Forth a Fast Tracking Process for the Issuance of Building Permits , and move its adoption. JSC/jms RESOLUTION NO. 2605 A RESOLUTION SETTING FORTH A FAST TRACKING PROCESS FOR THE ISSUANCE OF BUILDING PERMITS WHEREAS, the procedure followed by the City of Shakopee for the issuance of building permits includes the submission of a building permit application as well as building plans by the applicant for review by staff , and WHEREAS, the procedure also allows staff three to five days to process the application, and WHEREAS, upon occasion an applicant wishes to fast track the procedure for issuance of building permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1 . The building permit process may be fast tracked at the staff level for projects, when in conformance with zoning and subdivision requirements, as follows : a. issuance of a grading permit b. prior to issuance of a building permit, issuance of a footing permit only may be granted for an R-1 or an R-2 zoning district C. a footing permit only may be issued prior to the Planning Commission public hearing on a conditional use permit (CUP) request for an addition to a building which was originally constructed with a CUP, provided the applicant signs a hold harmless statement with the City. 2 . The building permit process may be fast tracked, when authorized by Council, for multi-family, commercial and industrial projects in conformance with zoning and subdivision requirements, as follows: a. When desirable to get footings in before the winter freeze-up b. To facilitate compliance with the requirements of other governmental agencies C. To commence projects dependent upon public financing requirements _ d. To commence projects.__ requiring_ ._clean_. up._ from major accidents or disasters. Resolution No. 2605 Page Two 3 . There shall be a fee for fast tracking the building permit process to cover additional city expenses which shall be set forth in the city' s fee resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of 1986 . City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk J RE: Temporary Help Budget Amendment DATE: August 14, 1986 Introduction On August 5, Council authorized the hiring of a temporary secretary to fill in for Jeanette Shaner while she is on maternity leave as well as a full time receptionist for the remainder of 1986 and directed that the appropriate budget amendment come back for Council approval. Background The attached budget amendment reflects a net increase in cost to the City of approximately $2,200 versus the $1,200 quoted on August 5th for the temporary secretary. This discrepancy reflects the vacation and sick leave pay that Jeanette is entitled to, which was not taken into consideration in the August 5th memo. My mistake ! The attached resolution amends the 1986 budget by adding $2 ,200 to the clerk and administrator budgets for professional services (temporary secretary) and salaries (receptionist) and by decreasing the contingency budget as well as decreasing the clerk and administra- tor budgets for salaries for Jeanette Shaner who will be on leave of absence. Action Requested Offer Resolution No. 2603 , A Resolution Amending Resolution No. 2457 Adopting the 1986 Budget, and move its adoption. JSC/jms RESOLUTION NO. 2603 A RESOLUTION AMENDING RESOLUTION NO. 2457 ADOPTING THE 1986 BUDGET WHEREAS, the City Council has adopted a budget for the fiscal years, and WHEREAS, changing conditions and circumstances warrant amend- ing the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the appropriations are increased as follows: Fund Account Division Amount General 01-4100-131-13 Salaries FT $ 560 General 01-4100-121-12 Salaries FT 560 General 01-4310-131-13 Professional Svs 2330 General 01-4310-121-12 Professional Svs 2300 and the increases are offset or funded by decreases in the following accounts: Fund Account Division Amount General 01-4993-911-91 Contingency $1120 General 01-4100-131-13 Salaries FT 1230 General 01-4100-121-12 Salaries FT 1200 General 01-4993-911-91 Contingency 2200 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1986 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to -form- this--- day his-day of 1986 . City Attorney -- - _J MEMO TO: John K. Anderson, City Administrator FROM: Ken Ashfeld, City EngineerZ�r�_ SUBJECT: Fourth Avenue Reconstruction DATE: August 14 , 1986 INTRODUCTION & BACKGROUND: A resolution is necessary to authorize the expenditure of Municipal State-Aid system funds on a County State-Aid route . Fourth Avenue is a County State-Aid route frQuL Fill.T.are Street, tra Fuller Street. The City' s cost participation for this segment is estimated at $64 ,227 . 13 . RECOMMENDATION: Adopt Resolution No. 2602 , A Resolution Authorizing Expenditure of MSAS Funds on CSAH 16 (Fourth Avenue) from Fillmore Street to Fuller Street. REQUESTED ACTION: Offer Resolution No. 2602 , A Resolution Authorizing Expenditure of VZkS Funds on CSFB 15 Uourth Avenue) from Fillmore Street to Fuller Street and move for its adoption. KA/pmp MEM2602 RESOLUTION 2602 A Resolution Authorizing Expenditure of MSAS Funds on CSAH 16 (Fourth Avenue) from Fillmore Street to Fuller Street WHEREAS, It has been deemed advisable and necessary for the City of Shakopee to participate in the cost of a construction project located on ( C .S .A. H. ) No. 16 within the limits of said municipality , and WHEREAS, Said construction project has been approved by the Commissioner of Transportation and identified in his records as (S .A. P. ) No. 166-020-02 . NOW THEREFORE , BE IT RESOLVED : That we do hereby appropriate from our Municipal State-Aid Street Funds the sum of $64 , 227 . 13 dollars to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Adopted in session of the City Council of the 1iity of Shakopee , Minnesota, held this day of , Mayor of the City of Shakopee ATTEST : City Clerk Approved as to form this day of , 1 City Attorney MEMO TO: John K. Anderson, City Administrator FROM: Judith S. Cox, City Clerk RE: Amending City Code Relative to Sunday Liquor Sales and the Definition of a Restaurant DATE: August 14, 1986 Introduction and Background The City Attorney has drafted the attached ordinance which amends the definition of a restaurant contained in the city code under the liquor regulations. The new definition becomes consistent with state law and is the basis for determining whether or not an establishment qualifies for a Sunday liquor license. Alternatives 1. Adopt ordinance. 2. Do no adopt ordinance. 3 . Amend ordinance. Recommendation Alternative No. 1. Action Requested Offer Ordinance No. 205 , An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 5 Entitled "Liquor, Beer and Wine Licensing and Regulations" by Repealing Subd. 15 , Section 5 . 01 Entitled Restaurants and By Adopting a New Subd. 15 Section 5. 01 Entitled "Restaurants" And Adopting by Reference Shakopee City Code Chapter 1 and Section 5 . 99 , and move its adoption. JSC/jms ORDINANCE # 205 Fourth Series An Ordinance of the City of Shakopee, Minnesota Amending Shakopee City Code Chapter 5 Entitled "Liquor, Beer and Wine Licensing and Regulations'.' By Repealing Subd. 15, Section 5.01 Entitled Restaurants and By Adopting A New Subd. 15 Section 5.01 Entitled "Restaurants" And Adopting by Reference Shakopee City Code Chapter 1 and Section 5.99 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: SECTION I: Repeal Subd. 15 of Section 5.01 is hereby repealed. SECTION II: New Subd 15 of Section 5.01 Adopted as Follows: Subd. 15: The term 'restaurant' means any establishment other than a hotel under the control of a single proprietor or manage having appropriate facilities for the serving of meals and which shall have a seating capacity of not less than 30 guests at one time. SECTION III: Adopted By Reference The general provisions and definitions applicable to the entire code including penalty provisions of Chapter 1 and Section 5.99 entitled 'Violations a Misdemeanor' are hereby adopted in their entirety by reference as though repeated verbatim herein. SECTION IV: When in Force After the adoption, signing and attestation of this ordinance, it shall be published once in the official newspaper of the City of Shakopee and shall be in full force and effect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota held this day of 1986. ATTEST: Mayor of the City of Shakopee City Clerk Prepared and approved as to form this 12th day of August, 1986. City Attorney CITY OF SHAKOPEE INCORPORATED 1870 ; 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612) 4453650 �1 s August 18 , 1986 Mr. Charles B. Schneider, R.S. Chief of Environmental Field Services Minnesota Department of Health 717 S.E. Delaware St. P.O. Box 9441 Minneapolis, MN 55440 Re: Backstretch RV Park and Campground Shakopee, MN Dear Mr. Schneider: On behalf of the City Council of the City of Shakopee I would like to convey the City' s support for the development of the Backstretch R.V. Park and Campground. It is our understanding that the Dept. of Health is denying a license for the facility based upon the proposed method of sewage disposal. The proposed vrethod consists of storage tanks and subsequent pumping and hauling to the Blue Lake Treatment Plant in accordance with the Metropolitan Waste Control Commission Septage Management Program. ,An Environmental Assessment Worksheet was required for the proposed project based upon state agency regulations. On December 26 , 1985 the Citv of Shakopee mailed a copy of the EAW for the project to all agencies on the EAW distribution list, including the Mn. Dept. of Health, which has record of receiving the document. The 30 day written comment period expired on February 12 , 1986 . The City of Shakopee did not receive any written comment from the Dept. of Health prior to the expiration of the comment period, or thereafter. in addition to the EAW the City held a public hearing on the project and granted a Conditional Use Permit based upon compliance with certain conditions including, among others , 1) the procurement of a Recreational Camping license from the Health Dept. , 2 ) no findings of adverse effect in the EAW process , 3 ) procurement of a MWCC Septage Management permit, which must include a contingency plan, should Blue Lake be closed down, 4 ) submittal of a facility Management Plan and 5 ) annual conditicnal use permit review. 1 he Heart of Procress Vo / /ei, The City Engineer, Ken Ashfeld, has thoroughly reviewed the proposed method of sewage disposal for this particular site and recommends approval subject to conformance with the MWCC Septage Management regulations and City waste management permits . Mr. Ashfeld has suggested that additional safety measures could be taken by requiring annual pressure testing of the holding tanks . The City hereby offers any possible assistance to alleviate the concerns of the Health Dept. in regard to this project. Please contact me at City Hall if you have any questions or comments . Sincerely, John K. Anderson City Administrator JKA:cah cc: D. Klausner, Brauer & Assoc. K. Ashfeld, City Engineer J. Simac, City Plar_ner f 3 April 8, 1986 City of Sahkopee 129 East First Avenue Shakopee, MN 55379 ATTN: Honorable Mayor Eldon Reinke & Common Council Members Honorable Mayor and Councilpersons: At this time I hereby submit my resignation from City Council of Shakopee and ask tax �i��nail'accept my resignation as of this date -- f�C M work load has increased considerably over the past years; conflict of interest is a factor and also personal. I would like to thank the people of Shakopee for giving me the opportunity to serve this city. Also I wish to express my sincere thanks and appreciation to this council as well as the staff for your help and support over the years. This city will move forward as it has in the past because of people like yourselves that will come forth to serve. Res,.p ectfully, Dean B. Coi/,'igan City Council Member Shakopee, MN 55379 cc: Lebens Vierlins Leroux Wampach DC/sh